LA245 Exam 1
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Questions and Answers

Which of the following statements is true about alternative dispute resolution (ADR)?

  • Arbitrator’s decision is non-binding so parties can walk away at any time without a resolution.
  • Litigation is faster than ADR.
  • ADR is more expensive than litigation.
  • Mediation offers the best opportunity for parties to have a win-win situation. (correct)
  • Which of the following Discovery tools in litigation allows one party’s lawyer to serve written questions to the opposing party that must be answered under oath?

  • Cross examination.
  • Interrogatories. (correct)
  • Direct examination.
  • Deposition.
  • Alice is suing Betty for negligence involving a car accident. Betty disputes that she was negligent and claims that Alice was driving under the influence. During the discovery process, it becomes clear that Alice had several drinks at her friend's party prior to driving home and that several witnesses observed Alice swerving on the road. Betty believes that no relevant facts are in dispute and there is no need for a trial. Betty should file which of the following motions?

  • A motion for summary judgment. (correct)
  • A motion to dismiss.
  • A motion for a default judgment.
  • A motion for a directed verdict.
  • Glen lives in Illinois and is 52 years old. He applies for a tech job with a Missouri company doing business in Illinois. Glen is told that the job is only relevant for someone younger than 30. He wants to sue the company under the Age Discrimination in Employment Act, a federal statute making it unlawful to discrimination against anyone 40 years of age and older. Can Glen sue in federal court in Illinois?

    <p>Yes, Illinois has both subject matter and personal jurisdiction over this dispute.</p> Signup and view all the answers

    The burden of proof in a civil case is:

    <p>By a preponderance of the evidence.</p> Signup and view all the answers

    What is the correct order in which a jury trial is conducted?

    <p>Jury selection--opening statements--plaintiff's case--defendant's case--closing arguments and instructions--verdict.</p> Signup and view all the answers

    Prior to trial, the parties for both sides go through void dire, the process to select a jury. What is it called to excuse a juror because they have shown bias?

    <p>A challenge for cause.</p> Signup and view all the answers

    Mack sues Jasmine, claiming that she caused an automobile accident. At trial, Jasmine's lawyer is asking Jasmine questions about the accident. This is:

    <p>Direct examination.</p> Signup and view all the answers

    The party filing an appeal is called:

    <p>The appellant.</p> Signup and view all the answers

    If the president supports a bill, he/she will veto it.

    <p>False</p> Signup and view all the answers

    In 1976, The Supreme Court of California held in Jones v. Jones that a mother and father of a child can enjoy joint custody in the event of a divorce under normal circumstances. In 2022, in Meja v. Meja, the Supreme Court of California ruled that Jody Meja and Arthur Meja would have joint custody over their daughter Jimena. This is an example of:

    <p>Stare decisis.</p> Signup and view all the answers

    Congress does its work through numerous committees. What is the name of the committee that reviews nominees to the federal courts?

    <p>The Judiciary Committee.</p> Signup and view all the answers

    Suppose that you make a Freedom of Information Act (FOIA) request on the Centers for Disease Control (CDC). Which of the following is exempt from disclosure?

    <p>Information about how much money CDC Director Rochelle Walensky makes and whether she has kids.</p> Signup and view all the answers

    Which of the following is a type of law that is judge-made and the sum total of all the cases decided by the appellate courts?

    <p>Common law.</p> Signup and view all the answers

    Administrative agencies are divided into two classifications: Executive or Independent. Which statement is true regarding the key difference between the two?

    <p>The president has much greater control over Executive agencies because he/she can fire the head at anytime.</p> Signup and view all the answers

    After the second Boeing 737 Max crash, the Federal Aviation Association (FAA), an administrative agency, wanted to conduct an investigation into the tragedy. The FAA wanted Boeing to give it the black box from the plane, which contains the cockpit voice recorder. What tool could the FAA use to require Boeing to produce the black box?

    <p>A subpoena duces tecum.</p> Signup and view all the answers

    When courts interpret a statute, they look at:

    <p>All of the above.</p> Signup and view all the answers

    Luann was walking down the street when she heard shouting from below the ground. As she got closer to the sound, she noticed that a young man had fallen into an open sewer drain and needed a hand to get out. Scared and not sure of how she could help, she ran away and told no one. Luann has violated the bystander rule as set out in Tarasoff v. Regents of the University of California.

    <p>False</p> Signup and view all the answers

    Which of the following statements is correct regarding the differences between contract, tort, and criminal law?

    <p>Criminal law is prosecuted by the government.</p> Signup and view all the answers

    Phillip was waiting for a bus at a bus stop. Across the street and down the block, a mechanic negligently overinflated a tire he was intending to put onto Marsha’s pickup truck. The exploding tire injured Marsha and frightened a neighborhood dog, which ran down the street and knocked Phillip down, injuring his knee. Phillip sued the mechanic. Is the mechanic liable to Phillip?

    <p>No, because although the mechanic’s conduct was negligent toward Marsha, the mechanic could not have foreseen injury to Phillip and therefore had no duty to him.</p> Signup and view all the answers

    In awarding punitive damages, a court considers all of the following EXCEPT:

    <p>the financial condition of the plaintiff.</p> Signup and view all the answers

    If a plaintiff sues and prevails on the tort of assault and battery, what can she recover as part of her compensatory damages?

    <p>All of the above.</p> Signup and view all the answers

    Of the following scenarios, in which one does the landowner have the highest level of duty and liability?

    <p>The town of Duxbury, which owns and operates a large amusement park, and the roller coaster that it operates results in 10 people falling 50 feet down.</p> Signup and view all the answers

    A supervisor reprimanded an employee for eating in a restaurant when he should have been at work. Later, the employee showed up at the supervisor's office and shot him. Although the employee previously had been violent, management withheld this information from the supervisor. The company will be liable for the supervisor's injury.

    <p>True</p> Signup and view all the answers

    What does the reasonable person standard impose on a person in a negligence lawsuit?

    <p>A duty to act as a reasonable person would in the same circumstances.</p> Signup and view all the answers

    The idea behind punitive damages is that:

    <p>certain behavior is so unacceptable that society must make an example of it.</p> Signup and view all the answers

    Miles purchased a lawnmower with an attached warning that said, "The manufacturer is not responsible in the case of an injury caused by the lawnmower." If Miles is injured because of a defect in the mower and sues the lawnmower manufacturer, he will most likely:

    <p>win, as this warning would be unenforceable.</p> Signup and view all the answers

    Diane, a police officer, stops Tim's car for a traffic offense. While talking to Tim, she shines a flashlight into the passenger compartment of Tim's car and sees evidence of drug paraphernalia. Which statement is correct?

    <p>Diane may search the passenger compartment of the car and any place else in the car, including the trunk, without Tim's consent.</p> Signup and view all the answers

    The police need a warrant to search through your cell phone.

    <p>True</p> Signup and view all the answers

    Important steps in the criminal process, in proper order, include:

    <p>search, arrest, indictment, arraignment, plea bargain, trial.</p> Signup and view all the answers

    A company issues a laptop computer to an employee for use at the business location only. The employee takes the laptop home to use for his or her own purposes and reports it as lost. This is an example of:

    <p>Embezzlement</p> Signup and view all the answers

    Connor sells baseballs on Instagram that he claims are signed by Babe Ruth for $5,000 each. In fact, Connor has forged the signature on the baseballs. Connor is guilty of:

    <p>Internet fraud.</p> Signup and view all the answers

    Mona raises marijuana plants in her basement. She has a few regular customers, even though marijuana is not legal in her state, but has never had any issues with the law. One day, the police show up at her house without a warrant. They request consent to search her house, and she declines. The police search the house anyway, find the marijuana plants, and arrest Mona for possession of marijuana with the intent to deliver. Savannah, Mona’s attorney, moves to suppress the evidence before trial. After a hearing on the motion to suppress, the judge will probably:

    <p>Suppress the evidence because the police did not have a warrant for the search.</p> Signup and view all the answers

    The Miranda warning insures that the criminal suspects understand their constitutional rights relating to:

    <p>self-incrimination.</p> Signup and view all the answers

    Which of the following provides notification to a criminal defendant in custody of the right to an attorney?

    <p>The 6th Amendment.</p> Signup and view all the answers

    A burglary has been committed at 7-Eleven and now suspect Danielle Steal is running down the street with a face mask on. A police officer who was patrolling the area notices her running and starts running after her. He believes that she is armed and dangerous. He corners her in an alley and with the help of another officer, they bring her to the ground. They can search her without a warrant based on:

    <p>Stop and Frisk.</p> Signup and view all the answers

    Through which proceeding do prosecutors obtain an indictment?

    <p>Grand Jury</p> Signup and view all the answers

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