5 Written Questions
5 Matching Questions
- When an attorney questions a witness he brought to court, this is known as __________ examination.
- 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.
- The defendant's response to a plaintiff's complaint is known as the ____________.
- After the opening statements, the ___________ presents his case using testimony of witnesses, documents, and other evidence.
- In ruling on a contract, a judge may order a ____________, which means that the contract is cancelled.
- 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.
- 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.
- 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.
- 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which means that the contract is rescinded, or cancelled.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.
- 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
- 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.
- Federal. These courts have federal jurisdiction, and include the U.S. Supreme Court, the U.S. Court of Appeals, Federal District Courts, etc..
- Tort. Tort Law concerns work-related injuries, customer injuries from a product, damage to a person's reputation, etc..
Statutory Law refers to laws which are enacted by the legislative branch of a government. Each law is called a statute.
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.
5 True/False Questions
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.
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.
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.
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.
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.