LA245 Exam 1

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

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?

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?

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?

The burden of proof in a civil case is:

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

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?

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

The party filing an appeal is called:

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

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:

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

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?

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?

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

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?

When courts interpret a statute, they look at:

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.

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

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?

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

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

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

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.

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

The idea behind punitive damages is that:

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:

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?

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

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

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:

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:

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:

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

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

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:

Through which proceeding do prosecutors obtain an indictment?