2023 Question Question 1 Before the case goes to the jury each attorney presents in | Assignments Online

Question

Question 1

Before the case goes to the jury, each attorney presents ___________ in which he or she summarizes the evidence for the jury in a manner most favorable to their case.

a summary discussion

hearsay evidence

voir dire evidence

a closing statement

a closing argument

Question 2

Luis, a highly talented painter, signs a contract to paint Mina’s home, which is very unique and difficult to paint. After one day, Luis decides the job is not worth it and leaves. Mina asks the court to force Luis to paint the house as agreed. Mina is requesting:

injunctive relief

restitution of the contract

remission of the contract

specific performance of the contract

compensatory damages from Luis for failure to fulfill the contract

Question 3

When damages are awarded for a violation that involves no actual damages to a person or property, the damages are called:

punitive damages

trivial damages

nominal damages

equitable damages

compensatory damages

Question 4

A directed verdict and a judgment as a matter of law are the same thing;

True

False

Question 5

Damages that may be awarded to a plaintiff because the defendant’s conduct was willful or malicious are called:

punitive damages

exceptional damages

expectancy damages

compensatory damages

injunctive damages

Question 6

Suppose both sides in a suit agree about certain facts, so they do not need to be proven at trial. To settle facts about which there is no real dispute, the parties may use:

requests for admissions

expert witness commentary

protective order for documents

sanctions

Question 7

Unlike arbitrators, mediators:

can impose decisions on both parties

cannot impose a decision

cannot help resolve a conflict

cannot create law

cannot bend the rules of arbitration

Question 8

The practice of deciding court cases by referring to earlier decisions is known as:

statutory decisions

E pluribus unum

Curia Regis

stare decisis

lex mercatoria

Question 9

Contrasted with public law, an example of private law is:

administrative law

securities regulation

tort law

environmental law

Question 10

Which of the following concerns legal wrongs committed against the government:

tort law

procedural law

ethical law

private law

criminal law

Question 11

Article I, Section 1 of the U.S. Constitution:

provides that all power to make laws for the federal government shall be held by Congress

provides that all power to make laws for the federal government shall be held by the Supreme Court

provides that all power to make laws for the federal government shall be held by the Vice President

provides that all power to make laws for state governments shall be held by senators

provides that all power to make laws for state governments shall be held by state governors

Question 12

A long-arm statute is a:

federal law to allow regulatory agencies to sue foreign businesses in federal court

state law that permits its courts to reach beyond state lines for jurisdiction over non-residents defendants

state law that allows plaintiffs to force defendants to come to a state for purpose of serving process

federal law that allows escaped felons to be arrested outside of the United States

Question 13

Territorial jurisdiction can become an issue if:

the defendant is not a resident of the state in which the plaintiff wishes to bring the lawsuit

the plaintiff is not a resident of the state in which the defendant wishes to bring the lawsuit

the court is located outside of the United States

the defendant was not born in the state in which the plaintiff wishes to bring the lawsuit

Question 14

Original jurisdiction means power to:

revise or correct proceedings by a lower court

accept a lawsuit, try it, and pass judgment

remove a lawsuit from a court to arbitration

appoint special prosecutors to investigate a case of alleged abuse

legally create disputes

Question 15

A writ of certiorari directs a lower court to send up the record of a case for review by the Supreme Court.

True

False

Question 16

As the Supreme Court has explained, for a state to have jurisdiction over an out-of-state business there must exist:

“significant business relationships”

physical contacts

minimum contacts

substantial contacts

Question 17

Federal courts have exclusive jurisdiction over cases involving:

divorce

adoption

copyrights

all of the other specific choices are correct

Question 18

If property that is located in a state becomes the subject matter of a lawsuit, the power of a court in that state to resolve disputes concerning the property is called:

in rem jurisdiction

territorial jurisdiction

in personam jurisdiction

removal jurisdiction

venue

Question 19

A law that creates a class that suffers a loss of freedom:

is constitutional

is unconstitutional

is allowed under the First Amendment

is not allowed due to the First Amendment

Question 20

Restrictions on misleading commercial speech are generally constitutional.

True

False

Question 21

One important constitutional issue resolved in the 1819 case of McCulloch v. Maryland was:

the inferiority of federal law to state law

the superiority of federal law to state law

the superiority of local law to state law

the superiority of international law to federal law

the equality of powers of the states and the federal government in regulating business

Question 22

The Supreme Court has held that states may:

never tax the income of businesses

tax the income of businesses so long as they are “constitutionally rational”

tax all income of businesses only if the business is headquartered in the state

tax the income of businesses so long as the burden of the state tax is apportioned fairly

tax the income of businesses that do more that $5 million (net) worth of business in-state

Question 23

Commercial speech may be regulated if:

it involves prices of certain things like prescription drugs

it involves prices of illegal goods

it is not truthful

it is truthful

Question 24

The necessary and proper clause allows Congress to:

legislate on any matter

pass only laws necessary and proper to effectively implement the Commerce Clause

make all laws necessary and proper to carry out its constitutional powers

regulate all local, in-state activities

Question 25

The Uniform Division of Income for Tax Purposes Act uses which of the following factors to divide a company’s income:

the extent of time employees spend in the state

the type of sales made outside the state

the percentage of a corporation’s nationwide payroll paid to residents of the state

the number of years employees have worked at the company