- Description
LAW 531T Week 1 Practice Assignment
Complete the Week 1 Practice Assignment in MyEducator.
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Week 1 Practice Assignment
- A(n) _________________ is a request for a higher court to review whether errors of law occurred in a case that was already decided in a lower court.
o reverse
o affirmation
o appeal
o remand
- _________________ jurisdiction refers to the power of a court to exercise authority over the property involved in the dispute.
o General
o Personal
o Subject matter
o Limited
- Courts of _________________ jurisdiction may hear many different types of cases.
o subject matter
o general
o personal
o limited
- Under the doctrine of _________________, the U.S. Supreme Court may declare any law unconstitutional.
o legal review
o constitutional review
o judicial review
o supreme review
- _________________ is a judgment entered by a court for one party and against another without a full trial.
o Summary judgment
o Judgement on the pleadings
o Pretrial judgment
o Limited trial judgment
- The rule that a final judgment by a court determining the rights of the parties is conclusive and the issues may not be raised again is called _________________.
o common law
o stare decisis
o precedent
o res judicata
- The doctrine of following the decision of a previous court ruling is known as _________________.
o precedent
o stare decisis
o res judicata
o common law
- Which of the following is not a stated purpose or function of the law?
o to govern a democracy with fairness
o to facilitate private arrangements between individuals
o to prevent undesirable behavior
o to determine procedures for changing the law
- Which school of legal thought expresses the idea that law changes to reflect a changing society ?
o the command school of thought
o the law and economics school of thought
o the natural law school of thought
o the historical perspective school of thought
- Which of the following is an unacceptable reason to exclude a potential juror?
o The potential juror is female, and the defendant has requested an all-male jury.
o The potential juror has a relationship with one of the parties.
o The potential juror has an interest in the outcome.
o The defendant requests, without explanation, that a certain potential juror be removed from the jury.
- The party at whom a complaint is directed is called the _________________.
o plaintiff
o prosecutor
o judge
o defendant
- The party who files a complaint in a civil case is called the _________________.
o defendant
o prosecutor
o plaintiff
o judge
- _________________ refers to the principle that an actual controversy must exist before a court will hear legal claims.
o Venue
o Third party
o Ripeness
o Standing
- _________________ refers to the location of the trial.
o Third party
o Ripeness
o Standing
o Venue
- Non-Judicial Dispute Resolution Alternatives: Match the dispute-resolution terms with the correct definition.
A neutral third-party expert meets with the parties separately and then together, and offers compromise solutions.
Mediation
Parties attempt to settle disputes through compromise.
Negotiation
Document that outlines the terms of the compromise
Settlement agreement
A legal expert listens to the matter and imposes a resolution.
Arbitration
- Which of the following is not true of the U.S. Constitution?
o It authorizes that state laws have priority over it.
o It enumerates and protects citizens’ rights.
o Every law in the U.S. must comply with the Constitution.
o It establishes three branches of government.
- The _________________ Clause states that the U.S. Constitution and federal laws are the highest laws of the land.
o Commerce
o Due Process
o Supremacy
o Equal Protection
- Which of the following describes substantive due process?
o Government laws must be clear, understandable, and designed to further a legitimate governmental purpose.
o A person has protected oral, written, and symbolic rights of expression.
o A person may not be deprived of life, liberty, or property without being given notice and an opportunity to be heard before a neutral arbiter.
o The laws of the United States must be equally applied to all citizens.
- Which of the following is not true of free speech?
o It is a fundamental right guaranteed by the Bill of Rights.
o It includes oral, written, and symbolic expression.
o Speech with a commercial purpose is less protected than speech with a political purpose.
o Speech with a political purpose is less protected than speech with a commercial purpose.
- True or false: The clear and convincing evidence burden of proof requires that the evidence presented is so clear that it requires the assent of every reasonable mind.
True False