1. State courts can deal with any number of federal questionswith the understanding that they’re subject to review by a federalappeals court. Which of the following must be tried only in federalcourt?
A. Bankruptcy B. Civil tort C. Malpractice D. Defamation ofcharacter
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Examination
2. Which of the following is a legitimate criminal procedure?
A. The defendant must call witnesses at trial to prove herinnocence. B. The police tell a suspect that they’ll let him callhis lawyer after he’s cooperated with
their questioning. C. The police get a warrant before arresting asuspect based on the testimony of
witnesses to the crime. D.Adefendantwhotakesthewitnessstandmustconfessiftheprosecutorasksdirectly,
“Did you do it?” 3. A class action may be brought by
A. a consumer of a diet product who develops health problems, onbehalf of everyone else who ever purchased the product.
B. two or more people who have damages caused by different partfailures in the same make and model cars.
C. the family of a child injured by a defective toy, to force themanufacturer to recall the toy.
D. two or more people who have injuries from exposure to chemicalsat work, on behalf of the other employees who were exposed.
4. The State of Utopia has a statute that requires a prosecutor toprove the following facts before someone can be convicted of drunkdriving:
(1) The driver of the vehicle was intoxicated. (2) The driver wasoperating the vehicle on a public road.
Dan is on trial for drunk driving. Utopia’s Prosecutor introducesevidence to show that Dan was intoxicated. She then rests her casewithout presenting any facts about where he was driving. What typeof motion should Dan’s defense attorney should make?
A. A motion to postpone the trial until the prosecution can proveDan was on a public road
B. A motion for nonsuit because the prosecutor hasn’t presentedsufficient facts to make a prima facie case.
C. A motion to dismiss because the defendant has providedineffective assistance of counsel.
D. Amotionforsummaryjudgmentbecausetherearenoissuesoffact. 5.During a trial, the opposing lawyers have the opportunity to filemotions. What is the real
purpose of filing a motion?
A. To inform the court of upcoming strategies B. To provideadditional information to the court not in the original complaintC. To gain an advantage over the opposing lawyer D.Toreschedulecertainelementsofthecase
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Examination
6. Brown v. Anderson is a lawsuit brought by Andrew J. Brown, asongwriter from Nashville, Tenn., against Anderson Publishing Co.,which owns the rights to a song Brown said he wrote in 1963 and forwhich Anderson hasn’t been paying royalties. Brown files thelawsuit in local county court in Nashville because his lawyer saysthat will resolve the contract suit the fastest. However, thedefendant views the case as a copyright case that belongs in thefederal district court. How does this case get to federalcourt?
A. The federal district court orders that this case be broughtbefore it. B. The U.S. Supreme Court orders the federal districtcourt to hear this case. C. Anderson files a motion for judgment onthe pleadings. D. Andersonfilesamotionforremovaljurisdiction.
7. A national paralegal organization wishes to make its opinionknown to the Supreme Court, in a case involving the licensing ofparalegals. What is the procedure the organization shouldfollow?
A. It should file an amicus curiae brief. B. It should file amotion to continue, to prevent the parties from settling. C. Itshould file a brief detailing findings of fact. D. It should file amotion to file supplementary pleadings.
8. The power to issue writs is addressed in which body ofjurisdictional and procedural rules?
A. The Uniform Civil Practices Act B. The Judiciary and JudicialProcedure Act C. Local rules of court D. Purdon’s CodifiedStatutes
9. A cause of action that’s good enough to require rebuttal, and tosubmit the case to trial, is a
A. summary judgment case. C. habeas corpus case. B. direct toverdict case. D. prima facie case.
10. In the courtroom of County Common Pleas Court Judge RobertHenderson, all attorneys are required to address their questions ofwitnesses while standing at a lectern. If the attorney wishes tohand a legal document to the witness or to the judge, he or shefirst must ask permission of the court. This requirement is anexample of
A. local rules of court. C. substantive law. B. procedural law. D.jurisdictional law.
Examination
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11. What court order can be appealed?
A. All orders made by the presiding judge B. All orders made by thepresiding judge to whom objections had been made C. All finalorders which dispose of the entire case D. Orders to which thejudge indicates there’s the right to appeal
12. Once a lawsuit has been served and the preliminary trial workhas begun, there’s a procedure available known as discovery. Whatis discovery?
A. It’s a process whereby the court of jurisdiction releases to theopposing lawyers a
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