5 Written Questions

1. Checks.
   This is known as the system of checks and balances. Examples are the presidential veto power, the ability of Congress to override a veto, the power for the Supreme Court to declare a law passed by Congress as unconstitutional, and the power of the President to appoint Supreme Court justices with the approval of the Senate.
2. Injunction. An Injunction can be either temporary, pending a consideration of the issue at a later trial, or it can be a permanent injunction passed at the end of a trial.
3. Jury.
   
   The plaintiff and the defendant have the right to request a jury trial, where the defendant is guilty or liable. In federal courts and most state courts, the jury's decision must be unanimous.
4. Interrogatories. Interrogatories are written questions one party prepares for the other party. The other methods of Discovery include depositions and requests for admissions.
5. New York. New York Court trial decisions and Federal Court trial decisions are published. Appellate court decisions are also published.

5 Matching Questions

1. When an attorney questions a witness he brought to court, this is known as __________ examination.
2. After the summations by the attorneys, the judge instructs the jury concerning the law which is applicable to the case. The jury must then come to a ____________ decision.
3. The defendant's response to a plaintiff's complaint is known as the ____________.
4. After the opening statements, the ___________ presents his case using testimony of witnesses, documents, and other evidence.
5. In ruling on a contract, a judge may order a ____________, which means that the contract is cancelled.

1. a Unanimous. They must come to a unanimous decision, although in some courts, civil trials may only require 5/6th of the jurors to agree.
2. b Plaintiff. The plaintiff presents his proof. Witnesses are first directly examined by the attorney that brought them to court, and then cross-examined by the opposing attorney.
3. c Direct. Direct Examination occurs first after a witness is called to the stand. Then the opposing attorney gets to question the witness in what is known as cross examination.
4. d Rescission:
   which means that the contract is rescinded, or cancelled. This is usually done when a reformation, or a modification, of the contract is impractical or impossible.
5. e Answer. The defendant's formal response to the complaint is the answer. Instead of filing an answer, a defendant can file a motion to dismiss, stating that there is no legal basis for finding the defendant liable.

5 Multiple Choice Questions

1. Traditional. The Traditional view of Law defines law as a body of rules that courts apply in settling disputes, in contrast to the sociological view of law, which sees it as it as a function of society--to promote justice and stability.
   1. The President and Cabinet are part of the _____________ branch of government.
   2. Each party to a lawsuit is entitled to one ____________, which is a written request to a higher court to modify or reverse the judgment made by another court.
   3. There are two basic views of law. The ________________ view of law sees it mainly as a basis for settling disputes in courts.
   4. There are two major types of law. _____________ law refers to any body of law that defines, describes, regulates, and creates legal rights and obligations in regard to a specific subject.
2. Federal. These courts have federal jurisdiction, and include the U.S. Supreme Court, the U.S. Court of Appeals, Federal District Courts, etc..
   1. A case can be appealed to a higher court for error of ___________.
   2. One way law can be defined is as a form of Social ____________.
   3. One of the most successful of the proposed uniform laws is the Uniform ___________ Code, which has been adopted by all fifty states, and primarily concerns legal contracts and their enforcement.
   4. Courts that are created by the Constitution or laws passed by Congress have ___________ jurisdiction.
3. Tort. Tort Law concerns work-related injuries, customer injuries from a product, damage to a person's reputation, etc..
   1. A case can be appealed to a higher court for error of ___________.
   2. The ____________ is the person who initiates a lawsuit.
   3. One way law can be defined is as a form of Social ____________.
   4. ______ Law is known as the law of private injury.
4. Statutory.
   Statutory Law refers to laws which are enacted by the legislative branch of a government. Each law is called a statute.
   1. Statutory law refers to written laws enacted by the legislative branch, while _______ law is law that is developed and pronounced by courts through the decisions they make.
   2. ___________ are rules of conduct based on ideas of right and wrong.
   3. ____________ law includes constitutional, administrative, and criminal law, and concerns relations between citizens and the government.
   4. ___________ Law includes written laws passed by Congress or state legislatures and signed into law by the President or State government.
5. Utilitarian.
   This is known as Utilitarian Ethics. Morality of actions are evaluated on the basis of their effect on society as a whole--the goal should be to maximize benefit or minimize harm to society.
   1. ___________ ethics states that the rightness of an action entirely depends on the value of its consequences--an action is good if it increases the "total happiness" in the people it affects.
   2. ____________ of Proof refers to a party's job of convincing the decisionmaker in a trial that the party's version of the facts is true.
   3. _____________ Ethics is very different from Duty-based Ethics--the overall consequences of the actions are what determines the morality of the actions, not the actions themselves.
   4. In a ___________ trial, the judge or jury must be convinced by a "preponderance of the evidence."

5 True/False Questions

1. A _________ Action is a legal proceeding to enforce the rights or redress the wrongs of an individual--it does not involve a criminal proceeding. → Civil.
   This is known as a Civil Action. A Civil Action begins when the court issues a summons ordering the defendant to respond to the complaint by the plaintiff.

   True        False

2. The statute of ___________ sets a general time limit on how long after an event a suit can be brought to court, and how long a contract is valid. → Checks.
   This is known as the system of checks and balances. Examples are the presidential veto power, the ability of Congress to override a veto, the power for the Supreme Court to declare a law passed by Congress as unconstitutional, and the power of the President to appoint Supreme Court justices with the approval of the Senate.

   True        False

3. One of the most successful of the proposed uniform laws is the Uniform ___________ Code, which has been adopted by all fifty states, and primarily concerns legal contracts and their enforcement. → Commercial. The Uniform Commercial Code allows a businessman operating within several states to know that there will be a general consistency of commercial law in the states.

   True        False

4. An offer must indicate a _____________ to make a contract--in other words, saying "Someday when I sell this car, I'm going to ask $5,000" is not an offer. → Superior. Respondeat Superior means an employer is liable for his employee's actions. There are certain limits, but generally, if an employee was doing something he was supposed to do for his job, and causes injury or damage, then he as well as his employer may be liable.

   True        False

5. The plaintiff files a _____________, which includes a statement of facts and the basis of the lawsuit. → Plaintiff.
   
   The Plaintiff is the person who files the lawsuit. The defendant is the person who is being sued by the plaintiff.

   True        False