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Janssen BUS 207 practice midterm
Terms in this set (50)
The California Vehicle Code requires drivers to adhere to the posted speed limit on the roadway. This law is
Weber's Restaurant brings a suit, seeking a remedy at law. This statement means the restaurant wants
The California Labor Code requires employers to provide certain employees with rest and meal breaks. This law is
substantive and statutory
The doctrine of stare decisis
makes the law more predictable
Ryder believes the interpretation of law should reflect universal human rights. Ryder's philosophy is
In a civil case, Julian is responsible to pay damages to Garak. Julian is
During a yoga class, Gina gets angry after Julie puts her yoga mat too close to Gina's mat. A verbal argument ensues. Just before Julie is about to walk away, Gina punches Julie so hard in the mouth that Julie loses three front teeth. Which of the following statements is true?
A prosecutor could bring a criminal action against Gina and Julie could bring a civil action against Gina to recover damages for her injuries.
A California law requires that a lawsuit for a personal injury must be filed within two years from the date of the injury. This statute is an example of
The Federal Communications Commission repealed net neutrality rules. The repealed law was
The California Supreme Court established a new law concerning a landowner's responsibility to persons injured on the landowner's property. This law is an example of
a common law
The state legislature passed a law which forbids the use of free plastic bags in grocery and big box stores. This law is most likely:
In most legal controversies
there is usually no one correct answer because strong arguments may be presented on both sides and the law is subject to different interpretations.
The four primary sources of law in the United States are:
Case law, Constitutional law, administrative law and statutory law.
The County Board of Supervisors passed a law which forbids the smoking of cigarettes in any business which operates within the County limits and is open to the public including bars and restaurants. This law is most likely:
In deciding a case, the court may rule contrary to a precedent if the court decides that the precedent
not factually or legally similar to the current case
Serena lost her case in binding arbitration against Moira and was ordered to pay Moira $200,000 in damages. In most instances, Serena may
not appeal and must pay the award to Moira.
Perry, a California resident, seeks to bring a lawsuit against Getzlaf, a California resident, for borrowing his autographed hockey puck collection and refusing to return it. The collection is worth $1,000. Perry will most likely file his lawsuit
in a California small claims court.
Based on an Arizona consumer warranty law, Amy sues an automobile manufacturer for a defect in her new car that cannot be repaired. Amy purchased the car in Phoenix, Arizona. She seeks a total of $40,000 to replace the vehicle.
An Arizona state court has subject matter jurisdiction
Sisko is a U.S. District Court judge located in California within the 9th Circuit. A lawyer cites an earlier decision of the U.S. Court of Appeal for the 9th Circuit with similar issues of fact and law. Sisko
must follow the decision as binding authority
Some of the advantages of Alternative Dispute Resolution (ADR) include:
None of the above are advantages of ADR
Fred brings a lawsuit against Glenn, a police officer, for a violation of a federal civil rights statute (which does not require exclusive jurisdiction). The alleged violation occurred in New Hampshire and both men live in New Hampshire. Which court has jurisdiction?
the state court and the federal court in New Hampshire have concurrent jurisdiction
Luke agrees to arbitration to resolve his dispute with Janeway, Inc. Which of the following would support his decision?
The dispute will be resolved at the conclusion of arbitration.
Susan files a lawsuit against Jeff for causing her injuries. For the court to have power over the parties and render a final decision in the case, the court must have
both personal jurisdiction and subject matter jurisdiction
Logan sues Sid for personal injuries and seeks $140,000 in damages. Logan lives in California. Sid lives in Pennsylvania. Based on these facts, which of the following statements is true?
-A federal court would have subject matter jurisdiction over Logan's case.
-Logan must prove his case by a preponderance of the evidence ("more likely than not").
Joseph terminated Elisabeth from her job with HT, Inc. Elisabeth's action for wrongful termination may be submitted to arbitration
-if Elisabeth signed an arbitration agreement when she started working for HT, Inc
-if Elisabeth and HT, Inc. agree to submit the dispute to arbitration after she was fired
Mariah enters into a contract to buy land owned by Nathan. When Nathan refuses to complete the sale, they discuss the dispute directly with each other to try to reach a resolution without the assistance of a neutral third party. Mariah and Nathan are
The President enacts an executive order restricting immigration. Barbara files suit challenging the constitutionality of this order. The court has authority to decide the constitutionality of the order because it has the power of
Sherry, a lawyer, recommends to her client that he consider Alternative Dispute Resolution (ADR). Sherry would be accurate in telling her client that
the vast majority of disputes are resolved by some form of ADR rather than through the court system.
Kevin loses his appeal before the U.S. Court of Appeal for the 8th Circuit. If Kevin wants to challenge the court's decision, Kevin should
file a Petition for Writ of Certiorari with the U.S. Supreme Court
Underwood Corporation and Walker, Inc., agree to a contract that includes an arbitration clause. If a dispute arises and Walker files a lawsuit, Underwood may request the court to
order Walker to submit to arbitration
A defendant, Grace, challenges whether the plaintiff, Frankie, has a a sufficient stake in the matter to be entitled to relief from the court. Grace is challenging whether Frankie
Elle, an attorney, recommends mediation to her client to resolve her lawsuit with the defendant. Which of the following is an accurate statement Elle could make to her client about mediation?
mediation allows the parties more control over the outcome
Cassie is an arbitrator in a dispute between Nog's Electronics and Quark's Bar. At the conclusion of the arbitration
Cassie will make an award
The most accurate statement regarding the role of juries in the trial court is:
juries make factual findings based on evidence presented and apply the law as instructed by the judge to render a verdict.
Gaby claims Kelly infringed on her copyright. The law requires copyright infringement cases be heard in federal court. The federal court has
Raffi believes the civil case brought against him has no merit. His lawyer files a Motion to Dismiss. This motion
was likely brought early in the case after the plaintiff filed the Complaint.
In the trial court, the plaintiff's attorney takes the deposition of a witness. The parties are in which stage (phase) of litigation:
Linda filed a lawsuit against Heidi. Linda wins her case at trial and Heidi files an appeal. On appeal, Linda is
The Plaintiff and Respondent.
Kara loses her case at trial. Kara may consider
filing a motion for new trial or motion for judgment notwithstanding the verdict.
In the court of appeal and supreme court,
during oral argument, the lawyers may present argument, cite precedent, and answer questions from the judges.
Mandy, a lawyer, is preparing a brief on behalf of an appellant in a case. The case is in the
John served Jim with interrogatories. In response, Jim must
answer John's questions in writing.
The U.S. Supreme Court issues a 5-4 decision in which Justice Roberts authors the written decision supported by four other justices. Justice Ginsburg writes an opinion joined by three other justices. Which of the following is true?
Justice Roberts writes the majority opinion and Justice Ginsburg writes the dissenting opinion.
In the trial court, the plaintiff's attorney files a Complaint against the defendant. The case is in which stage (phase) of litigation:
Kira is a lawyer representing a plaintiff in a civil trial. After a jury is selected, Kira can expect
she will make her opening statement before the attorney for the defendant
Kes files an appeal after she lost her case at trial. On appeal, she may
present legal arguments to the court to support a reversal of the trial court's decision.
Skinner files a brief with the court of appeal. The brief is
a written presentation of the facts and legal issues in the case including Skinner's arguments as to how the court should rule.
Mulder files a lawsuit against Scully and seeks $100,000 in damages. The parties
have a right to a jury trial.
Joyce was served with a summons and complaint. If Joyce fails to respond, the plaintiff
can seek a default judgment and get an award of damages against Joyce.
On cross-examination, O'Brien, an attorney, impeaches a witness, Keiko. O'Brien has
challenged the credibility of a witness.
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