October 23, 2025 Claire B 0 Comments

The body of law that is concerned with the obligations that private parties owe to one another is: (Points : 4)

Procedural law
Civil law
Private law
B and C
None of the above

Question 2.2.The common law: (Points : 4)

Came to America with the first English settlers
Was applied by the courts during the colonial period
Has been codified in some instances
Is often referred to a judge-made law
All of the above

Question 3.3.Uniform acts are model statutes typically drafted by private bodies of lawyers and/or scholars. (Points : 4)

True
False

Question 4.4.The doctrine of stare decisis: (Points : 4)

Says that courts should follow the plain meaning of statutes and not worry about anything else
Says that courts should look at legislative history when interpreting statutes
Says that common law rules, once established, can never change
Says that, in common law cases, like cases should be decided alike
None of the above

Question 5.5.The Restatements often state and/or reflect common law rules. (Points : 4)

True
False

Question 6.6.In a criminal case, the “plaintiff” is: (Points : 4)

An aggrieved civilian acting in the capacity of a private party.
The Government bringing an action on behalf of the people.
Congress.
A corporation.
None of the above.

Question 7.7.If the defendant loses in a civil case, we say that the defendant is guilty.
(Points : 4)

True
False

Question 8.8.Battery is the intentional and harmful or offensive touching of another without consent.
(Points : 4)

True
False

Question 9.9.Which of the following protects persons against arbitrary and unreasonable governmental violations of their privacy rights? (Points : 4)

The First Amendment

The Fourth Amendment

The Fifth Amendment
The Sixth Amendment

The Seventh Amendment

Question 10.10.The losing party usually can appeal a trial court’s decision to grant a motion for a directed verdict that was granted against him. (Points : 4)

True
False

Question 11.11.Depositions are conducted outside of the courtroom and accordingly do not require the person being deposed to take an oath to tell the truth. (Points : 4)

True
False

Question 12.12.The Common Law: (Points : 4)

Came to America with the first English settlers

Was applied by the courts during the colonial period

Has been codified in some instances

Is often referred to a judge-made law

All of the above

Question 13.13.The crime of murder is an example of a felony.
(Points : 4)

True
False

Question 14.14.Which of the following motions is made at trial, and if successful, essentially “takes the case away from the jury” and gives a judgment to one party? (Points : 4)

The motion to dismiss
The motion for summary judgment
The motion to dismiss
The motion for a directed verdict
None of the above

Question 15.15.To prove that a defendant committed a crime, the government must prove that it is more likely than not that the defendant committed those acts. (Points : 4)

True
False

Question 16.16.Case law reasoning can be described as a court finding appropriate legal rules in prior cases called precedents.
(Points : 4)

True
False

Question 17.17.Which of the following is a difference between Torts and Crimes? (Points : 4)

Criminal behavior is always more atrocious than Tortious behavior.

Tortious behavior is always more atrocious than Criminal behavior.

Crimes are moral wrongs; while Torts are not.

Crimes are public wrongs; while Torts are private wrongs.

None of the above.

Question 18.18.Courts usually hold that the plaintiff must have knowledge of his or her confinement in order for liability for false imprisonment to arise. (Points : 4)

True
False

Question 19.19.Identify which resources are available during the discovery phase of the lawsuit. (Points : 4)

Depositions
Requests for documents
Interrogatories
All of the above

Question 20.20.Paul sues Dan for “aesthetic pollution.” The basis for his suit is Dan’s habit of wearing clothes Paul considers ugly. Paul’s complaint offers details of Dan’s “ugly” clothing in many separate, numbered paragraphs. However, no law requires one to pay damages for wearing clothes that another considers ugly and for causing aesthetic dissatisfaction to some other party. Thus, Dan wants to defeat Paul’s claim as fast as possible. The best procedural device for doing so is: (Points : 4)

The motion to dismiss for failure to state a claim upon which relief can be granted or a Demurrer.
The motion for summary judgment
The motion for judgment not withstanding the verdict
The motion for a directed verdict
None of the above

Question 21.21.Janet, armed with an automatic weapon, robs a bank. Janet will face: (Points : 4)

criminal responsibility only, for committing a crime.

civil responsibility only, for committing a tort (conversion).

criminal responsibility for committing a crime, and civil responsibility for committing a tort.

no responsibility if no one was hurt during the robbery.
none of the above

Question 22.22.Most intentional infliction of emotional distress cases are based on which type of conduct? (Points : 4)

Inappropriate
Harmful
Outrageous
Rude
None of the above

Question 23.23.State appellate courts typically and primarily review the trial court record to determine whether the trier of fact correctly decided the facts.
(Points : 4)

True
False

Question 24.24.Constitutions defeat all other types of law within their jurisdiction (domain). Thus, a state constitution is supreme (and defeats) all other state laws. (Points : 4)

True
False

Question 25.25.One of the primary purposes of the pretrial conference – in a civil case – is: (Points : 4)

For the judge to get the parties to sitpulate to certain issues to simplify the trial

For the judge to get attorneys to encourage their clients to settle the case

For the judge to get the defendant to plead guilty to the crime

A and B
A and B and C

Question 26.26.Defamation protects which of the following interests? (Points : 4)

The individual’s interest in his or her reputation.
The individual’s interest in being safe.
The individual’s interest in privacy.

B and C
None of the above

Question 27.27.A proper definition of proof by a preponderance of the evidence is: (Points : 4)

The plaintiff must convince the fact finder that the existence of each factual element is more probable than its nonexistence.

The plaintiff must convince the fact finder beyond a moral certainty of the existence of each factual element.

The defendant must convince the fact finder beyond a reasonable doubt of the existence of each factual element.

B or C
None of the above

Question 28.28.Class-action lawsuits typically: (Points : 4)

Can be brought only by high-school classmates.

Are brought in representation of a large group of people who have suffered similar harms.

Promote judicial efficiency and economy.

Serve as deterrents to entities who might otherwise more carelessly inflict “small wrongs”.

B, C, and D.

Question 29.29.Sometimes a jury will not follow the law and instead, will return a verdict based on bias, sympathy or its disapproval of the law that the court is instructing it to apply. This phenomenon is called “jury nullification.” (Points : 4)

True
False

Question 30.30.Interrogatories are a form of discovery requiring a party to the lawsuit to file written answers – under penalty of perjury – to questions submitted to him. (Points : 4)

True
False

Question 31.31.In rendering its opinion and making its decision, a Court may: (Points : 4)

List other relevant case rulings that support its decision in the present case.

Allude to public policy that supports its decision in the present case.

Rely on the Doctrine of Stare Decisis.

Evaluate statutory law.
All of the above

Question 32.32.Procedural law sets forth the rules to be followed during a lawsuit starting with the filing of the lawsuit and ending with the completion of the trial and the appeal. (Points : 4)

True
False

Question 33.33.Which of the following is an example of a misdemeanor? (Points : 4)

murder
arson
armed robbery
disorderly conduct
none of the above

Question 34.34.Interrogatories and request for admissions are forms of discovery. (Points : 4)

True
False

Question 35.35.The Fifth Amendment protects against compelled testimonial self-incrimination. (Points : 4)

True
False

Question 36.36.In a civil lawsuit, the plaintiff must normally prove each element of her case by a preponderance of the evidence. (Points : 4)

True
False

Question 37.37.Which of the following is an equitable remedy? (Points : 4)

Arbitration
Money damages
Mediation
An injunction
All of the above

Question 38.38.Voir dire refers to: (Points : 4)

The process by which a judge is excused or recused from a case.
Rejecting an arbitrator’s award
Selection of a Jury
A court’s power to hear a case
None of the above

Question 39.39.According to the principles of federal supremacy, the U.S.Constitution, federal laws enacted pursuant to it, and treaties are the supreme law of the land. (Points : 4)

True
False

Question 40.40.White collar crimes are best defined as a variety of nonviolent criminal offenses committed by business persons and organizations.
(Points : 4)

True
False

Question 41.41.Ms. Brown is calling her own witness to the stand to ask her questions. She is going to perform which of the following? (Points : 4)

Cross examination
Opening Statement
Closing Argument
Direct examination
None of the above

Question 42.42.When a precedent has been properly distinguished from the facts of the present case (the one being tried in court), the common law rule of the prior case does not control the present case. (Points : 4)

True
False

Question 43.43.The main problem with stare decisis is its excessive rigidity, which in turn, prevents the common law from adapting to meet changing social conditions. (Points : 4)

True
False

Question 44.44.In a jury trial, it is the function and duty of the jury to:
(Points : 4)

Determine which laws apply and interpret the meaning of those laws.
Apply the legal rules, per the Judge’s instructions, to the facts.

Determine the credibility of witnesses.

B and C
A and B and C

Question 45.45.Punitive damages are designed to compensate the plaintiff for his or her medical bills.
(Points : 4)

True
False

Question 46.46.Which of the following is an intentional tort? (Points : 4)

Defamation
Assault
False Imprisonment
Battery
All of the above

Question 47.47.Mens rea refers to which of the following? (Points : 4)

Criminal Intent
Criminal Act
A special Amendment to the U.S. Constitution
None of the above
All of the above

Question 48.48.Jurisdiction refers to which of the following? (Points : 4)

A bilateral contract
The Court’s power to hear a case and to issue a decision binding on the parties
Whether the forum is convenient
Any of the above
None of the above

Question 49.49.Both the Complaint and Answer are filed with the court. These documents state the respective claims of the parties and are called: (Points : 4)

Interrogatories
Admissions
Depositions
Pleadings
None of the above

Question 50.50.A request, in writing, that a party admit or deny certain statements of supposed fact is yet another form of discovery. This form of discovery is known as: (Points : 4)

Requests for the truth
Requests for concessions
Requests for admissions
Requests for confessions
None of the above

Order a similar assignment, and have writers from our team of experts write it for you, guaranteeing you an A

Order Solution Now

Categories: