Student ID: 21812357
Exam: 060468RR – Law and the Judicial System When you have completed your exam and reviewed your answers, click Submit Exam. Answers will not be recorded until you
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Questions 1 to 20: Select the best answer to each question. Note that a question and its answers may be split across a page
break, so be sure that you have seen the entire question and all the answers before choosing an answer. 1. State law prohibited public criticism of state officials. Kelly criticized the officials and was arrested. She
argued that the law conflicted with the U.S. Constitution. The government argued that the law didn’t
conflict with the state constitution. The court agreed with both positions. Which of the following is true?
A. The law will be held invalid because a law is invalid if it conflicts with any state constitution.
B. The law will be upheld because it’s a state law and is consistent with the state constitution.
C. The law will be held invalid because the U.S. Constitution is the supreme law of the land.
D. The law will be held invalid because of the Commerce Clause. 2. Lynn’s attorney advises Lynn to resolve a case using med-arb. If Lynn and the defendant agree to use
med-arb, this means
A. all issues will be decided by an arbitrator.
B. Lynn is risking that some issues in the case will be decided by an arbitrator.
C. the case won’t have an outcome unless Lynn and the defendant both agree.
D. the case involves medical malpractice. 3. Rachel’s lawyer tells her that to resolve her case, the court will have to engage in judicial review. This
means that the case involves
A. constitutionality of a statute, administrative regulation, or executive action.
B. judicial interpretation of a statute with ambiguous and unclear language.
C. common law.
D. an appellate court. 4. Rights of citizens are most likely to be found in which provisions of the U.S. Constitution?
A. The amendments
B. Article 6
C. Article 3
D. Article 1 5. Karen sues Ted, claiming that under an interpretation of law given in a previously decided case, Karen
should win. If so, on which of the following concepts is Karen relying?
A. Devolution doctrine
B. Stare decisis
C. Judicial review D. Preemption 6. An advantage of ADR is that it
A. saves time and money.
B. improves the discovery process.
C. effectively handles constitutional law.
D. promotes the development of the law. 7. Doug’s complaint asks for an injunction. Which of the following is true?
A. Doug has suffered great harm.
B. Doug seeks money damages.
C. Doug seeks an equitable remedy.
D. Money would be an adequate remedy. 8. Paula’s lawyer originally filed in suit in Florida state court. Stephanie, the defendant, would prefer that
the case be heard in federal court. To have the case heard in federal court, Stephanie must prove federal
subject matter jurisdiction and file a
A. motion of demurrer.
B. summary judgment motion.
C. motion to remove.
D. writ of certiorari. 9. Antonio’s attorney proves that there’s no issue of any material fact, and the attorney would like to ask
the court for an immediate judgment favorable to Antonio. Antonio’s attorney should file a/an
A. answer.
B. writ of execution.
C. injunction.
D. summary judgment motion. 10. Big Factory, Inc., and Save the Environment, an environmental group, have a dispute over whether
making Big Factory, Inc., use certain expensive antipollution devices would contribute significantly to
improving air quality. A type of ADR especially suited to this dispute is
A. private civil trial.
B. science court.
C. summary jury trial.
D. partnering. 11. Carl was arrested under a New Jersey statute that made it a crime to be persistently unemployed. Carl
argues that a similar statute was declared unconstitutional by the California state court, so the New Jersey
state court is required to declare New Jersey’s statute unconstitutional. Carl is wrong because
A. state courts aren’t bound by precedent.
B. more than one court has to rule a certain way before precedent is established.
C. out-of-state cases aren’t binding precedent in state courts.
D. only federal courts can create binding precedent. 12. Miguel, an Idaho resident, sues Kurt, an Alabama resident, in Idaho state court. Miguel’s lawyer warns
Miguel that the Idaho court may be unable to exercise authority over Kurt. This suggests that there may be
a problem obtaining __________ jurisdiction.
A. personal
B. subject matter
C. original
D. general 13. John sues Sally under a statute that has ambiguous language. Which of the following is true?
A. John will have to find a different legal basis for his claim.
B. The statute is invalid because of the ambiguous language.
C. The court will interpret the statute to resolve the ambiguity.
D. A legislative body will have to clarify the statute before the court can apply it to John’s case. 14. April’s attorney informs her that they’ve been served with interrogatories. Which of the following is
true?
A. April will be required to submit to a physical examination.
B. April will have to answer questions under oath about the case.
C. April’s attorney will have to answer questions under oath about the case.
D. April will be required to make oral statements in front of a court stenographer. 15. The National Conference of Commissioners on Uniform State Laws developed a revised version of the
UCC. Joe learned of this and, relying on one of the changes, acted in a way that was prohibited under the
former version but permitted under the revised version. As a result, Joe was sued for his action. Both
parties live in Joe’s state, which is also where the transaction took place. Whether Joe wins or loses
depends on
A. which version of the UCC the judge thinks is most equitable.
B. which party stands to gain the most from the lawsuit.
C. whether members of the commission that drafted the revision were from Joe’s state.
D. which version of the UCC has been adopted by the legislature in Joe’s state. 16. If a writ of certiorari is issued by the U.S. Supreme Court, which of the following is true?
A. The lower courts haven’t been able to agree on issues involved in the case.
B. The U.S. Supreme Court has agreed to hear the case.
C. The case will be reversed.
D. The case involves the U.S. Constitution. 17. Scott seeks a type of ADR that will end his case, one way or the other. His best choice is
A. summary jury trial.
B. mediation.
C. binding arbitration.
D. early neutral evaluation. 18. What does a process server do?
A. Commences an action involving a criminal matter
B. Files the complaint with the court
C. Causes a summons to be issued to the defendant
D. Gives the complaint and summons to the defendant 19. Gary sues Dennis, relying on a state law. Dennis defends himself based on a federal law involving the
same subject. If Dennis wins, it will be because of
A. the federal register.
B. judicial review.
C. devolution.
D. preemption. 20. David was filing his income tax return when he learned that the IRS now requires taxpayers to file
several new forms. David believes that the IRS can’t require him to file these forms and that only Congress
can do that. Which of the following is true?
A. David has to file the forms because agencies have the power to adopt binding regulations.
B. David doesn’t have to file the forms unless Congress approves them.
C. David doesn’t have to file the forms because agencies have the power to adopt only nonbinding regulations.
D. David has to file the forms because only agencies have the power to adopt statutes. End of exam
