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 Federalism

C Courts of Concurrent Jurisdiction

D Mediation

Question #2

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

A Courts of limited jurisdiction

B Courts of Concurrent Jurisdiction

C Courts of general 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 limited jurisdiction

B Courts of limited jurisdiction

C Courts of Original Jurisdiction

D Courts of Exclusive Jurisdiction

Question #4

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

A Courts of limited jurisdiction

B Courts of Original Jurisdiction

C Courts of general jurisdiction

D Courts of Appellate Jurisdiction

Question #5

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

A Courts of Original Jurisdiction

B Courts of Concurrent Jurisdiction

C Courts of Exclusive Jurisdiction

D Courts of Appellate Jurisdiction

Question #6

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

A Courts of limited jurisdiction

B Courts of general jurisdiction

C Courts of Appellate Jurisdiction

D Courts of Exclusive Jurisdiction

Question #7

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

A Courts of limited jurisdiction

B Courts of Appellate Jurisdiction

C Courts of Original Jurisdiction

D Courts of general 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 Pre-trial conference

B Summary Judgment

C Jury Trial

D Bench Trial

Question #9

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

A Federalism

B Bench Trial

C Jury Trial

D Courts of Concurrent Jurisdiction

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 motion for a judgment notwithstanding the verdict

B Judgment

C Question of Fact

D Question of Law

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 Courts of limited jurisdiction

B Courts of Appellate Jurisdiction

C Courts of general jurisdiction

D motion for new trial

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 Pre-trial conference

C Summary Judgment

Question #14

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

A motion for a judgment notwithstanding the verdict

B Judgment

Question #15

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

A motion for new trial

B Peremptory challenge

C Voir Dire

D Verdict

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 Verdict

C motion for a judgment notwithstanding the verdict

D Voir Dire

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 Mediation

C Administrative Hearing

D Pre-trial conference

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 Interrogatories

D Summons

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 Pre-trial conference

D Discovery

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 Peremptory challenge

C Summary Judgment

D Voir Dire

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 Interrogatories

B Summons

C Caption

D Pre-trial conference

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 Administrative Hearing

B Arbitration

C Discovery

D Caption

Question #24

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

A Caption

B Pre-trial conference

C motion for new trial

D third party claim

Question #25

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

A cross claim

B Complaint

C Discovery

D counterclaim

Question #26

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

A cross claim

B Summary Judgment

C counterclaim

D Discovery

Question #27

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

A Complaint

B counterclaim

C Answer

D cross claim

Question #28

It is the pleading that initiates the lawsuit

A counterclaim

B Summary Judgment

C Complaint

D cross claim

Question #29

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

A Pre-trial conference

B Caption

C Summons

D Administrative Hearing

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 doctrine of exhaustion of administrative remedies

B Peremptory challenge

C Voir Dire

D Administrative Hearing

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 Mediation

B Arbitration

C Pre-trial conference

D Administrative Hearing

Question #32

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

A Administrative Hearing

B Mediation

C Summary Judgment

D Arbitration

Question #33

It is considered as an alternative approach to litigation

A Alternative Dispute Resolution

B Administrative Hearing

C Mediation

D Arbitration

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 Corroborative Evidence

D Ethical Wall

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 Mandatory Authority

B Attorney-Client Privilege

C Ethical Wall

D Cumulative Evidence

Question #36

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

A Circumstantial Evidence

B Secondary Authority

C Subsequent History

D Case Management

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 Direct Evidence

C Primary Authority

D Cloud Computing

Question #38

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

A Primary Authority

B Mandatory Authority

C Lay Witness

D Secondary Authority

Question #39

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

A Primary Authority

B Secondary Authority

C e-discovery

D Mandatory Authority

Question #40

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

A Hearsay

B Primary Authority

C Secondary Authority

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 Tickler System

B Hourly Fee

C Contingency Fee

D Fixed Fee

Question #42

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

A Tickler System

B Hourly Fee

C Fixed Fee

D Contingency 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 Fixed Fee

B Hourly Fee

C Contingency Fee

D Tickler System

Question #44

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

A Fixed Fee

B Contingency Fee

C Hourly Fee

D Tickler System

Question #45

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

A Mandatory Authority

B Cloud Computing

C Case Management

D Primary 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 Mandatory Authority

C Case Management

D Primary Authority

Question #47

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

A Secondary Authority

B Primary Authority

C Mandatory Authority

D Lay Witness

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 Secondary Authority

B Primary Authority

C Mandatory Authority

D e-discovery

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 Hearsay

B Relevancy

C Cloud Computing

D e-discovery

Question #50

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

A Case Management

B Hearsay

C Relevancy

D Cloud Computing

Question #51

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

A Testimonial Evidence

B Real Evidence

C Corroborative Evidence

D Cumulative Evidence

Question #52

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

A Real Evidence

B Documentary Evidence

C Cumulative Evidence

D Testimonial Evidence

Question #53

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

A Cumulative Evidence

B Circumstantial Evidence

C Direct Evidence

D Corroborative Evidence

Question #54

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

A Direct Evidence

B Circumstantial Evidence

C Corroborative Evidence

D Cumulative 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 Circumstantial Evidence

B Corroborative Evidence

C Judicial Notice

D Real 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 Circumstantial Evidence

B Testimonial Evidence

C Corroborative Evidence

D Real Evidence

Question #57

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

A Documentary Evidence

B Real Evidence

C Testimonial Evidence

D Judicial Notice

Question #58

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

A Real Evidence

B Documentary Evidence

C Judicial Notice

D Testimonial Evidence

Question #59

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

A Reverse

B En Banc

C Entrapment

D Subpoena

Question #60

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

A Subpoena

B Remand

C En Banc

D Affirm

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 Inferior Courts

C Magistrate Judge

D US Court of Appeals

Question #62

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

A US Supreme Court

B US Court of Appeals

C Inferior Courts

D Constitutional Courts

Question #63

It refers to the intermediate appellate courts in the federal system

A US District Courts

B US Court of Appeals

C Constitutional Courts

D Constitutional Courts

Question #64

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

A US Court of Appeals

B Constitutional Courts

C US District Courts

D Inferior Courts

Question #65

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

A Inferior Courts

B US District Courts

C Constitutional Courts

D US Supreme Court

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 Comparative Negligence

B Majority Opinion

C Concurring Opinion

D Dissenting Opinion

Question #68

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

A Majority Opinion

B Concurring Opinion

C Dissenting Opinion

D Assumption of the Risk

Question #69

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

A Majority Opinion

B Concurring Opinion

C Contributory Negligence

D Dissenting 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 Harmless Error

C Affirm

D Reverse

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 Entrapment

C Remand

D Reverse

Question #72

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

A Harmless Error

B Reversible Error

C Concurring Opinion

D Majority Opinion

Question #73

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

A Reverse

B Reversible Error

C Harmless Error

D Entrapment

Question #74

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

A Majority Opinion

B Entrapment

C Concurring 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 Reverse

B Entrapment

C Majority Opinion

D Concurring Opinion

Question #76

It refers to the power of a court to hear cases

A Jurisdiction

B Statute of Limitations

C Assumption of the Risk

D Court

Question #77

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

A Assumption of the Risk

B Statute of Limitations

C Court

D Jurisdiction

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 Comparative Negligence

B Assumption of the Risk

C Statute of Limitations

D procedural law

Question #79

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

A procedural law

B Assumption of the Risk

C Strict Liability

D Statute of Limitations

Question #80

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

A Assumption of the Risk

B Jurisdiction

C Contributory Negligence

D Court

Question #81

It refers to the liability without the need of showing fault

A Contributory Negligence

B Strict Liability

C procedural law

D substantive law

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 substantive law

B Statute of Limitations

C Contributory Negligence

D procedural law

Question #83

It is a law that regulates how the legal system operates

A substantive law

B Strict Liability

C Contributory Negligence

D procedural law

Question #84

It is a law that creates rights and duties

A Assumption of the Risk

B Statute of Limitations

C substantive law

D procedural 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 actus reus

B tort law

C Negligence

D intentional tort

Question #86

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

A intentional tort

B tort law

C Negligence

D Punitive Damages

Question #87

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

A tort law

B Nominal Damages

C intentional tort

D Negligence

Question #88

It refers to all the properties that is not real property

A Nominal Damages

B Property Law

C Real Property

D Personal Property

Question #89

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

A Personal Property

B Misdemeanors

C Real Property

D Property Law

Question #90

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

A intentional tort

B Negligence

C Property Law

D tort law

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 Punitive Damages

C Nominal Damages

D intentional tort

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 Compensatory Damages

B Punitive Damages

C intentional tort

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 Punitive Damages

C intentional tort

D Compensatory Damages

Question #96

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

A actus reus

B Affirmative defense

C mens rea

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 Affirmative defense

B mens rea

C Cause of action

D actus reus

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 prima facie case

B preponderance of evidence

C Clear and convincing evidence

D Beyond a reasonable doubt

Question #99

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

A actus reus

B Injunction

C Damages

D mens rea

Question #100

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

A actus reus

B mens rea

C Felonies

D Misdemeanors

Question #101

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

A Defendant

B Plaintiff

C Felonies

D Misdemeanors

Question #102

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

A mens rea

B actus reus

C Misdemeanors

D Felonies

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 Damages

B Injunction

C Preemption

D Doctrine of Implied Powers

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 Doctrine of Implied Powers

C Preemption

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 Preponderance of evidence

B Beyond a reasonable doubt

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 Clear and convincing evidence

B Preponderance of evidence

C Beyond a reasonable doubt

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 substantial proof

B Clear and convincing evidence

C Beyond a reasonable doubt

D preponderance of evidence

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 Plaintiff

B actus reus

C mens rea

D Defendant

Question #109

It refers to the person who initiates a lawsuit

A Defendant

B Misdemeanors

C Felonies

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 procedural law

B substantive law

C Preemption

D Doctrine of Implied Powers

Question #111

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

A Freedom of Expression

B Freedom of Religion

C Self Incrimination

D Double Jeopardy

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 TRUE

B FALSE

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 Gibbons v. Ogden

B Roe v. Wade

C Miranda v. Arizon

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 substantive law

B Doctrine of Implied Powers

C federal question

D procedural law

Question #115

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

A procedural law

B Clear and convincing evidence

C federal question

D substantive law

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 Democracy

B Monarchy

C Federalism

D Oligarchy

Question #117

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

A criminal law

B civil law

C substantive law

D procedural law

Question #118

It defines our legal rights and duties

A criminal law

B substantive law

C civil law

D legal analysis

Question #119

It deals with harm against the society as a whole

A criminal law

B civil law

C substantive law

D procedural law

Question #120

It deals with harm against an individual

A criminal law

B civil law

C substantive law

D procedural 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 Consideration

C legal analysis

D Contract

Question #123

It refers to the process of finding the law

A Consideration

B Contract

C legal research

D procedural law

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