Quiz 1

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Question #1

It refers to the system of government where the power to make various types of laws is divided between a central government known as the federal government and the regional government known as the state government

A Voir Dire

B Mediation

C Courts of Concurrent Jurisdiction

D Federalism

Question #2

When more than one court has the power to hear the case

A Courts of limited jurisdiction

B Courts of general jurisdiction

C Courts of Concurrent Jurisdiction

Question #3

When there is only one court that has the power to hear a case to the exclusion of others

A Courts of Exclusive Jurisdiction

B Courts of limited jurisdiction

C Courts of Original Jurisdiction

D Courts of limited jurisdiction

Question #4

These courts are where cases are filed on appeal from the trial courts.

A Courts of Appellate Jurisdiction

B Courts of limited jurisdiction

C Courts of general jurisdiction

D Courts of Original Jurisdiction

Question #5

In these courts the cases are first filed such as the trial courts.

A Courts of Concurrent Jurisdiction

B Courts of Appellate Jurisdiction

C Courts of Exclusive Jurisdiction

D Courts of Original Jurisdiction

Question #6

These courts have the power to hear only those special cases such as probate, domestic relations and traffic.

A Courts of Exclusive Jurisdiction

B Courts of limited jurisdiction

C Courts of Appellate Jurisdiction

D Courts of general jurisdiction

Question #7

These courts have the power to hear any type of cases within their geographical area.

A Courts of Original Jurisdiction

B Courts of general jurisdiction

C Courts of limited jurisdiction

D Courts of Appellate Jurisdiction

Question #8

it refers to a trial where a jury composed of the members of the community are asked to listen to the evidence and render a verdict

A Jury Trial

B Bench Trial

C Summary Judgment

D Pre-trial conference

Question #9

It refers to the trials that take place in front of a judge

A Federalism

B Jury Trial

C Courts of Concurrent Jurisdiction

D Bench Trial

Question #10

It relates to the application of the law on the factual issues of the case such as what specific law is applicable and how should it be applied to the case

A Judgment

B Question of Law

C motion for a judgment notwithstanding the verdict

D Question of Fact

Question #11

It refers to the factual issues surrounding the case such as the what took place, where did it take place, when did it take place, and how did it take place

A motion for new trial

B Question of Fact

C Question of Law

D Verdict

Question #12

It refers to the motion based on errors and irregularities that took place during the trial

A motion for new trial

B Courts of limited jurisdiction

C Courts of general jurisdiction

D Courts of Appellate Jurisdiction

Question #13

It refers to the motion of the losing party to reverse the jury’s verdict on the ground that the evidence is insufficient to support a verdict

A motion for a judgment notwithstanding the verdict

B Summary Judgment

C Pre-trial conference

Question #14

It refers to the decision of the court regarding the claims of either the plaintiff or the defendant

A Judgment

B motion for a judgment notwithstanding the verdict

Question #15

It refers to the opinion of a jury on a question of fact

A Voir Dire

B Peremptory challenge

C Verdict

D motion for new trial

Question #16

It refers to a method of challenging an individual from being chosen as a member of the jury without the need for giving a specific reason

A Peremptory challenge

B Voir Dire

C motion for a judgment notwithstanding the verdict

D Verdict

Question #17

It refers to the examination of the prospective juror for the purpose of determining if the jury is fit to serve as a jury in the case

A Voir Dire

B Pre-trial conference

C Mediation

D Administrative Hearing

Question #18

it refers to the meeting between the attorneys handling the case and the judge hearing the case prior to the beginning of the trial

A Summary Judgment

B cross claim

C Discovery

D Pre-trial conference

Question #19

It refers to the written questions sent by one party to another which the other party is required to answer under oath

A Pre-trial conference

B Caption

C Summons

D Interrogatories

Question #20

It is a strategy recognized under the rules of evidence allowing the litigants to assess the strength of the case of the opposing party

A Caption

B Summons

C Discovery

D Pre-trial conference

Question #21

In this judgment, the court considers other evidence such as depositions, answers to interrogatories, admissions on file and affidavits before making a ruling that there is no genuine issue on a material fact

A motion for a judgment notwithstanding the verdict

B Voir Dire

C Summary Judgment

D Peremptory challenge

Question #22

It is a formal notice to the defendants named in the lawsuit informing them that a suit has been filed against them and what must be done in order to respond to the allegations named in the complaint

A Summons

B Caption

C Pre-trial conference

D Interrogatories

Question #23

It is found in the heading section which states the names of the parties, name of the court, the title of the action, the docket file number, and the name of the pleading

A Arbitration

B Administrative Hearing

C Caption

D Discovery

Question #24

It refers to the claim by a defendant against a third party who is not included in the suit.

A motion for new trial

B third party claim

C Caption

D Pre-trial conference

Question #25

It is a claim by one of the defendants against a co-defendant.

A cross claim

B Discovery

C counterclaim

D Complaint

Question #26

In the Answer, the defendant may indicate his own claim against the defendant.

A Summary Judgment

B cross claim

C Discovery

D counterclaim

Question #27

It contains the defendant’s response to the allegations against him

A cross claim

B Answer

C counterclaim

D Complaint

Question #28

It is the pleading that initiates the lawsuit

A counterclaim

B Complaint

C cross claim

D Summary Judgment

Question #29

in this type of hearing, there is no need for the parties to strictly adhere to the formal rules of evidence

A Summons

B Administrative Hearing

C Caption

D Pre-trial conference

Question #30

it refers to the doctrine that requires the parties to first settle the matter with the administrative agency before filing a suit in court

A Administrative Hearing

B Peremptory challenge

C doctrine of exhaustion of administrative remedies

D Voir Dire

Question #31

It is an alternative mode of dispute resolution who has the power to render binding decisions even if the parties refuse to agree with the decision

A Administrative Hearing

B Mediation

C Arbitration

D Pre-trial conference

Question #32

When a neutral third party assists the parties to the dispute to arrive at a compromise

A Mediation

B Arbitration

C Summary Judgment

D Administrative Hearing

Question #33

It is considered as an alternative approach to litigation

A Administrative Hearing

B Alternative Dispute Resolution

C Arbitration

D Mediation

Question #34

It refers to a formal screening process that seeks to isolate a paralegal from participating in the new case

A Tickler System

B Attorney-Client Privilege

C Ethical Wall

D Corroborative Evidence

Question #35

It refers to a rule in evidence that allows attorneys to refuse to testify or divulge any confidential information he may have obtained from the client

A Cumulative Evidence

B Ethical Wall

C Attorney-Client Privilege

D Mandatory Authority

Question #36

In Shepartds, it refers to any information that happened procedurally to the litigation after the case was cited

A Case Management

B Secondary Authority

C Subsequent History

D Circumstantial Evidence

Question #37

It is an essential tool in legal research because it helps determine whether the research is complete and up to date

A Citator

B Cloud Computing

C Direct Evidence

D Primary Authority

Question #38

It refers to a statute or a court opinion from a higher court in the same jurisdiction

A Secondary Authority

B Mandatory Authority

C Primary Authority

D Lay Witness

Question #39

It refers to information about the law such as those that can be found in encyclopedias and legal review articles

A Secondary Authority

B e-discovery

C Primary Authority

D Mandatory Authority

Question #40

It refers to the law itself such as the statutes and the court opinions

A Primary Authority

B Secondary Authority

C Hearsay

D Mandatory Authority

Question #41

It refers to the fee charged based on the number of hours an attorney or paralegal works on the client’s case

A Fixed Fee

B Contingency Fee

C Hourly Fee

D Tickler System

Question #42

It refers to a fee calculated as a percentage of the settlement or award in the case

A Contingency Fee

B Tickler System

C Fixed Fee

D Hourly Fee

Question #43

It is one of the traditional billing methods where there is a set charge usually used for routine tasks and fixed service.

A Contingency Fee

B Tickler System

C Hourly Fee

D Fixed Fee

Question #44

It refers to a calendar system that records and important deadlines for a client

A Fixed Fee

B Tickler System

C Hourly Fee

D Contingency Fee

Question #45

It refers to managing the flow of information involved in handling a case with the law office.

A Primary Authority

B Cloud Computing

C Case Management

D Mandatory Authority

Question #46

It allows law firms to store programs and data on a remote server rather than on a specific computer located within the law firm

A Cloud Computing

B Case Management

C Mandatory Authority

D Primary Authority

Question #47

It refers to an individual witness who is not shown to have any special expertise

A Primary Authority

B Lay Witness

C Secondary Authority

D Mandatory Authority

Question #48

It refers to the motions on the part of an attorney to request the court to order the other party to obtain specific electronically stored information

A e-discovery

B Mandatory Authority

C Secondary Authority

D Primary Authority

Question #49

It refers to the statements made out of court which is introduced in court for the purpose of establishing the truth of what was said

A Cloud Computing

B Relevancy

C e-discovery

D Hearsay

Question #50

It refers to an evidence that leads one to logically conclude that an asserted fact is more or less probable

A Relevancy

B Hearsay

C Cloud Computing

D Case Management

Question #51

It serves to confirm facts that have already been established but through an evidence in different form

A Real Evidence

B Cumulative Evidence

C Corroborative Evidence

D Testimonial Evidence

Question #52

It refers to pieces of evidence that do not add new information but confirms facts that have already been established

A Documentary Evidence

B Testimonial Evidence

C Cumulative Evidence

D Real Evidence

Question #53

It refers to evidence does not establish a direct link but is used to establish a fact by implication

A Direct Evidence

B Circumstantial Evidence

C Corroborative Evidence

D Cumulative Evidence

Question #54

It establishes a direct link to the event that must be proven

A Corroborative Evidence

B Direct Evidence

C Cumulative Evidence

D Circumstantial Evidence

Question #55

It refers to information which the judge consider as a fact without the necessity of attorneys having to prove it through the introduction of evidence

A Real Evidence

B Judicial Notice

C Corroborative Evidence

D Circumstantial Evidence

Question #56

It refers to the description of events that the defendant testifies to under oath in a legal proceeding such as the testimony of a witness in court

A Corroborative Evidence

B Testimonial Evidence

C Real Evidence

D Circumstantial Evidence

Question #57

It refers to the records, contract, leases and other written instrument such as the suicide letter

A Judicial Notice

B Documentary Evidence

C Real Evidence

D Testimonial Evidence

Question #58

It refers to the tangible object such as the weapon used in the crime

A Judicial Notice

B Real Evidence

C Testimonial Evidence

D Documentary Evidence

Question #59

When an appeallate court that normally sits in panels sits as a whole

A Subpoena

B Reverse

C En Banc

D Entrapment

Question #60

A court order requiring a person to testify at a trial or deposition

A Subpoena

B Affirm

C En Banc

D Remand

Question #61

A court official who exercises limited judicial powers such as issuing subpoenas, conducting preliminary hearings and ruling on procedural motions

A Constitutional Courts

B Magistrate Judge

C Inferior Courts

D US Court of Appeals

Question #62

It refers to the highest federal appellate court consisting of nine appointed members

A Constitutional Courts

B Inferior Courts

C US Supreme Court

D US Court of Appeals

Question #63

It refers to the intermediate appellate courts in the federal system

A US Court of Appeals

B Constitutional Courts

C Constitutional Courts

D US District Courts

Question #64

It refers to the general jurisdiction trial courts in the federal system

A Constitutional Courts

B US District Courts

C US Court of Appeals

D Inferior Courts

Question #65

It refers to a court established by the Article III of the U.S. Constitution

A Constitutional Courts

B Inferior Courts

C US Supreme Court

D US District Courts

Question #66

In the federal court system, it refers to all the courts other than the US Supreme Court

A US District Courts

B Inferior Courts

C US Court of Appeals

D Constitutional Courts

Question #67

It refers to an opinion which disagrees with the majority’s decision and its reasoning

A Dissenting Opinion

B Comparative Negligence

C Concurring Opinion

D Majority Opinion

Question #68

It refers to an opinion that agrees with the majority’s result but disagrees with its reasoning

A Assumption of the Risk

B Concurring Opinion

C Majority Opinion

D Dissenting Opinion

Question #69

It rerers to an opinion in which majority of the court joins

A Dissenting Opinion

B Contributory Negligence

C Majority Opinion

D Concurring Opinion

Question #70

When an appellate court sends the case back to the trial court for a new trial or other action

A Remand

B Reverse

C Harmless Error

D Affirm

Question #71

When the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court

A Affirm

B Remand

C Entrapment

D Reverse

Question #72

It refers to an error that may have an impact on the judgment

A Majority Opinion

B Reversible Error

C Harmless Error

D Concurring Opinion

Question #73

It refers to the trial court error that is not sufficient to warrant reversing the decision

A Entrapment

B Reversible Error

C Reverse

D Harmless Error

Question #74

When the appellate court agrees with what the lower court has done

A Concurring Opinion

B Entrapment

C Majority Opinion

D Affirm

Question #75

It refers to a defense requiring proof that a defendant would not have committed the crime but for police trickery

A Majority Opinion

B Reverse

C Entrapment

D Concurring Opinion

Question #76

It refers to the power of a court to hear cases

A Assumption of the Risk

B Jurisdiction

C Statute of Limitations

D Court

Question #77

It refers to the unit of the judicial branch of government that has the authority to decide disputes

A Jurisdiction

B Court

C Statute of Limitations

D Assumption of the Risk

Question #78

It refers to the method of measuring the relative negligence of the plaintiff and the defendant, with a commensurate decrease in the compensation for the injuries

A Assumption of the Risk

B Statute of Limitations

C Comparative Negligence

D procedural law

Question #79

It is when a person voluntarily and knowingly subjecting himself to danger

A Strict Liability

B procedural law

C Statute of Limitations

D Assumption of the Risk

Question #80

It refers to negligence by the plaintiff that contributed to his or her injury.

A Jurisdiction

B Court

C Assumption of the Risk

D Contributory Negligence

Question #81

It refers to the liability without the need of showing fault

A substantive law

B Contributory Negligence

C procedural law

D Strict Liability

Question #82

The law that sees the legnth of time from when something happens to when a lawsuit must be filed before the right to bring it is lost

A Statute of Limitations

B procedural law

C substantive law

D Contributory Negligence

Question #83

It is a law that regulates how the legal system operates

A Contributory Negligence

B Strict Liability

C procedural law

D substantive law

Question #84

It is a law that creates rights and duties

A procedural law

B Assumption of the Risk

C Statute of Limitations

D substantive law

Question #85

It refers to the failure to act as a reasonably careful and prudent person is expected to act under the circumstances

A Negligence

B intentional tort

C tort law

D actus reus

Question #86

It refers to a tort committed by one who intends to do the act that creates the harm

A Negligence

B intentional tort

C Punitive Damages

D tort law

Question #87

It refers to law that involves harm to a person or a person’s property

A intentional tort

B Nominal Damages

C tort law

D Negligence

Question #88

It refers to all the properties that is not real property

A Personal Property

B Nominal Damages

C Real Property

D Property Law

Question #89

It refers to the land and objects that are permanently attached to land

A Personal Property

B Misdemeanors

C Property Law

D Real Property

Question #90

It refers to an area of law that deals with ownership and use of property

A tort law

B Property Law

C Negligence

D intentional tort

Question #91

It is a legally enforceable written or verbal agreement supported by a consideration

A Contract

B Real Property

C Personal Property

D Consideration

Question #92

It is something of value that is exchanged to form the basis for a contract

A Consideration

B Contract

C Real Property

D Personal Property

Question #93

It s a type of damages that are awarded when the law has been violated by the plaintiff cannot prove any monetary harm

A Compensatory Damages

B intentional tort

C Nominal Damages

D Punitive Damages

Question #94

It is a type of damages that is designed to punish the defendant and typically are awarded only for intentional torts when the court deems that the torfeasor deserves an additional punishment beyond just compensating the plaintiff for the harm done to him

A intentional tort

B Compensatory Damages

C Punitive Damages

D Nominal Damages

Question #95

It is a type of damages that is intended to compensate the plaintiff for the harm done to him or her

A Nominal Damages

B intentional tort

C Compensatory Damages

D Punitive Damages

Question #96

It refers to a defense whereby the defendant offers new evidence to avoid judgment

A mens rea

B actus reus

C Affirmative defense

D Cause of action

Question #97

A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint, the court will dismiss it

A mens rea

B actus reus

C Affirmative defense

D Cause of action

Question #98

It refers to what the prosecution or plaintiff must be able to prove in order for the case to go to the jury, the elements of the prosecution’s case or the plaintiff’s cause of action

A Beyond a reasonable doubt

B Clear and convincing evidence

C prima facie case

D preponderance of evidence

Question #99

To secure conviction, the prosecution must establish that the accused committed bad behavior

A mens rea

B Injunction

C actus reus

D Damages

Question #100

To secure conviction, the prosecution must establish that the accused had the bad intent

A mens rea

B Felonies

C actus reus

D Misdemeanors

Question #101

It is a type of crime which involves lesser charges such as disorderly conduct and criminal damage to property

A Plaintiff

B Misdemeanors

C Felonies

D Defendant

Question #102

It is a type of crime which involves serious crimes such as murder, rape, armed robbery, and aggravated assault

A Felonies

B Misdemeanors

C actus reus

D mens rea

Question #103

It is a type of remedy in a civil case where the court orders the defendant to take some specific action or to cease acting in a specific way

A Preemption

B Doctrine of Implied Powers

C Damages

D Injunction

Question #104

It is a type of remedy in civil case where the defendant pays the plainttiff for the harm he has done

A Damages

B Preemption

C Doctrine of Implied Powers

D Injunction

Question #105

It refers to the standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt

A Beyond a reasonable doubt

B Preponderance of evidence

C Clear and convincing evidence

Question #106

It refers to the standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.

A Preponderance of evidence

B Beyond a reasonable doubt

C Clear and convincing evidence

Question #107

It refers to the standard of proof used in criminal trials. The evidnence presented must be so conclusive and complete that no reasonable doubt regarding the facts remain

A Beyond a reasonable doubt

B preponderance of evidence

C Clear and convincing evidence

D substantial proof

Question #108

It refers to the person that is being sued in a lawsuit or the person who is being charged with a crime

A mens rea

B Defendant

C Plaintiff

D actus reus

Question #109

It refers to the person who initiates a lawsuit

A Defendant

B Felonies

C Misdemeanors

D Plaintiff

Question #110

It refers to the power of the federal government to prevent the states from passing conflicting laws, and sometimes even to prohibit states from passing any laws on a particular subject

A substantive law

B procedural law

C Doctrine of Implied Powers

D Preemption

Question #111

It refers to the constitutional prohibition against being tried twice for the same crime

A Double Jeopardy

B Self Incrimination

C Freedom of Expression

D Freedom of Religion

Question #112

Although the federal government must trace all of its powers back to a specific constitutional authorization, the states are allowed to make any laws they deem appropriate for the health, welfare, safety and morals of their citizens as long as those laws are not prohibited by the US Constitution

A FALSE

B TRUE

Question #113

In this case, the US Supremen Court interpreted the commerce clause as giving the federal government the power to regulate not only the movement of things that cross state lines but also any activity that has an effect upon interstate commerce

A Miranda v. Arizon

B Roe v. Wade

C Gibbons v. Ogden

Question #114

It refers to the powers not stated in the Constitution but that are necessary for Congress to carry out other, expressly granted powers.

A federal question

B substantive law

C procedural law

D Doctrine of Implied Powers

Question #115

It refers to a legal question that involves the application of a federal law

A federal question

B substantive law

C procedural law

D Clear and convincing evidence

Question #116

A system of government in which the authority to govern is split between a single, nationwide central government and several regional governments that control specific geographical areas

A Oligarchy

B Democracy

C Federalism

D Monarchy

Question #117

It is comprised of the rules that govern how the legal system operates

A substantive law

B criminal law

C procedural law

D civil law

Question #118

It defines our legal rights and duties

A legal analysis

B criminal law

C civil law

D substantive law

Question #119

It deals with harm against the society as a whole

A procedural law

B substantive law

C civil law

D criminal law

Question #120

It deals with harm against an individual

A criminal law

B procedural law

C civil law

D substantive law

Question #121

This refers to the first step in legal analysis

A applying the legal rules to the facts

B Identify the appropriate legal rules

C gather and review the facts

Question #122

It refers to the process of taking the legal rule and applying it to the client’s specific factual situation

A procedural law

B Contract

C Consideration

D legal analysis

Question #123

It refers to the process of finding the law

A Contract

B procedural law

C Consideration

D legal research

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