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ETH 321T Week 1 Practice Assignment
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ETH 321 Week 1 Practice Assignment
In the context of a court case process, what is the definition of affirmation?
Return a case to a trial court for resolution
Ratification of a trial court’s decision
Using compromise to settle a dispute
Changing a trial court’s decision
In the context of a court case process, what is the definition of rejoinder?
Decision of the court
Defendant’s answer to the plaintiff
Decision of the jury
Request for a higher court to review a case
In the context of a court case process, what is the definition of beyond a reasonable doubt?
Plaintiff’s challenge to defendant’s claim
No other explanation can be derived from the facts – evidence
Reducing the integrity of a witness’ claim
Restoring credibility to a witness’ claim
In the context of a court case process, what is the definition of deposition?
A jury is enlisted
Summoning of potential jurors
Determination of jurors’ fitness for jury duty
Testimony out of court during pre-trial investigation
In the context of a court case process, what is the definition of mediation?
Court order to appear in trial
Using a third party (specifically) to resolve a dispute
Use of a third party to resolve a dispute, often legally binding
More likely than not evidence
In the context of a court case process, what is the definition of sequestered?
First-sight evidence
Evidence assuming assent of the reasonable person
A jury is separated from the community during a trial
More likely than not evidence
If the goal is to keep the peace, which of the following is the best tool that matches that goal?
Provide legislative processes
Prevent discrimination
Allow debate on change
Allow for orderly protest
Deter crime
Judicial review allows the Supreme Court to:
Declare a law inconsistent with the rules of the Constitution
Reject the decision of a lower court it finds to have erred
Change the law to meet the needs of the Court’s preferences
Both A and B
Which method of dispute resolution is most typically incorporated as a condition in business contracts for potential disputes?
Mediation
Arbitration
Jury trial
Negotiation
Which of the following is true concerning trial venues?
A party can receive a change of venue when it anticipates a fundamentally biased trial environment.
A party can receive a change of venue when it anticipates losing a court case in a local venue.
A party can receive a change of venue for any logical reason.
A party is required to hold a trial as close as possible to the location or source of a dispute.
If the goal is to facilitate planning, which of the following is the best tool that matches that goal?
Provide legislative processes
Allow debate on change
Allow for orderly protest
Prevent discrimination
Deter crime
If U.S. law discriminates against a particular class of persons in order to achieve a critical, compelling state interest, it must pass the __________ test in order to be lawful.
Intermediate scrutiny
Strict scrutiny
Rational basis
Equal protection
The jury in a criminal case has been deliberating for a week on the decision it will make on a trial. Half of the jurors think the defendant should be acquitted, and half think the defendant is guilty. The jury is having trouble reconciling its many differing opinions. Which of the following will most likely happen?
The jury will continue to deliberate until it reaches a unanimous vote, since this is a criminal case. Answer: B
The jury will likely be hung.
The jury will continue to deliberate until it can at least come to a consensus, if not unanimity.
The jury will refrain from offering a verdict, and the judge will offer a verdict instead.
If the goal is to determine procedures for changing the law, which of the following is the best tool that matches that goal?
Allow for orderly protest
Deter crime
Provide legislative processes
Allow debate on change
Prevent discrimination
Cleo has been the victim of continuous unfair dealings with his landlord for several years. When he finds out one of his neighbors is suing his landlord for the same reasons as those to which Cleo feels harmed, Cleo wishes to join in the case. Which of the following is likely true?
Cleo may be allowed to intervene in the case and gain party status, joining the defendant.
Cleo may be allowed to intervene in the case and gain party status, joining the plaintiff.
Cleo cannot join the case because of the statute of limitations.
Cleo cannot join the case because his problem and interests are separate from that of his neighbor.
Marcus lives in New York but regularly does business in Texas where his company has most of its business contacts. While traveling to Texas from New York, Marcus is sued by the hotel he stays at in Mississippi after he negligently destroys hotel property. Where would jurisdiction most likely fall under long-arm state statutes?
Federal Court
New York
Mississippi
Texas
What is the fundamental philosophy of the Command school?
Law is a function of economic forces
Law is a product of people’s inalienable, natural rights
Law is the means by which a ruling class maintains control
Law is a means of redistributing wealth or promoting social justice
A judge feels strongly that some of the jurors in a current trial have been responding with extreme bias against the defendant. After deliberation, the jury comes to a verdict which the judge does not completely agree with. Which of the following is most likely true?
The judge can make a different judgment, notwithstanding the verdict.
The judge must enter judgment based on the jury’s verdict, since all jury members passed the voir dire process.
The judge may reject the jury’s verdict, but must first confer with a panel of three other judges.
The judge may not reject the jury’s verdict, but he or she can order a new trial with the same jury.
What is the fundamental philosophy of the Sociological school?
Law is a means of redistributing wealth or promoting social justice
Law is a function of economic forces
Law is the means by which a ruling class maintains control
Law is a product of people’s inalienable, natural rights
Which of the following is a legitimate purpose of discovery?
To reveal all available information about the facts of the situation
To force agreement between parties
To help injured parties gain maximum benefits from the guilty party
To reveal which party has more leverage over the other party
If the goal is to prevent undesirable behavior, which of the following is the best tool that matches that goal?
Deter crime
Provide legislative processes
Prevent discrimination
Allow debate on change
Allow for orderly protest
A classroom is trying to decide on a set of rules for the schoolyear. The class votes and agrees on the following rules:
- I) Students who steal from other students will be punished without exception.
- II) Any student who punches another student may be punched back by the victim.
III) Any student is allowed to freely borrow any item from another student but must give it back.
- IV) Students who say nice words to other students earn points toward earning a prize.
Which ethical philosophies are represented in these rules?
Virtue ethics only
Virtue ethics, Kantian ethics, and social justice theory
Virtue ethics and Kantian ethics
Kantian ethics and Social Justice Theory
Amador’s company is considering a change in its distribution structure. Before deciding on the change, Amador has a research team examine how it will affect shareholders, employees, suppliers, community members, and other groups. This suggests Amador’s company is observing:
A corporate citizenship moral standard
A stakeholder theory moral standard
A moral minimum standard
A profit-maximizing moral standard
The U.S. has a treaty with Mexico to not deal in historical artifacts in order to preserve the artifacts in the country they came from. An archaeologist in Mexico who has previously been selling artifacts to American buyers:
May still sell the artifacts, since the treaty covers government, and not private, transactions.
May still sell the artifacts, as long as the state law of an American buyer permits it.
May not sell the artifacts.
May not sell the artifacts unless they were acquired prior to the passage of the treaty.
Nation A makes a decision that Nation B does not agree with concerning the international sale of heavy weapons. Nation B decides to contest the policy rather than let it stand. Which of the following is true?
More than one response is correct.
Nation B cannot interfere with Nation A under the Act of State Doctrine.
Nation A is refraining from granting comity for Nation B’s decision.
Nation B is refraining from granting comity for Nation A’s decision.