ETH 321T Week 1 Assignment 1 | University of Phoenix | Assignment Help
- University of Phoenix / ETH 321T
- 12 Jun 2021
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ETH 321T Week 1 Assignment 1 | University of Phoenix | Assignment Help
1. In the context of a court case process, what is the definition of mediation?
o Court order to appear in trial
o Using a third party (specifically) to resolve a dispute
o Use of a third party to resolve a dispute, often legally binding
o More likely than not evidence
2. In the context of a court case process, what is the definition of affirmation?
o Return a case to a trial court for resolution
o Ratification of a trial court's decision
o Using compromise to settle a dispute
o Changing a trial court's decision
3. In the context of a court case process, what is the definition of rejoinder?
o Defendant's answer to the plaintiff
o Decision of the court
o Request for a higher court to review a case
o Decision of the jury
4. In the context of a court case process, what is the definition of deposition?
o Testimony out of court during pre-trial investigation
o A jury is enlisted
o Summoning of potential jurors
o Determination of jurors' fitness for jury duty
5. In the context of a court case process, what is the definition of default?
o Filer of a complaint
o Failure of the defendant to fulfill an obligation
o The target of a complaint
o Court order to appear in trial
6. In the context of a court case process, what is the definition of sequestered?
o Evidence assuming assent of the reasonable person
o More likely than not evidence
o First-sight evidence
o A jury is separated from the community during a trial
7. In the context of a court case process, what is the definition of beyond a reasonable doubt?
o Restoring credibility to a witness' claim
o Plaintiff's challenge to defendant's claim
o Reducing the integrity of a witness' claim
o No other explanation can be derived from the facts—evidence
8. Which of the following lists the burden of proof in level of weight from least to greatest?
o Clear and convincing evidence; Beyond a reasonable doubt; Prima facie evidence; Preponderance of evidence
o Preponderance of evidence; Prima facie evidence; Clear and convincing evidence; Beyond a reasonable doubt
o Prima facie evidence; Preponderance of evidence; Beyond a reasonable doubt; Clear and convincing evidence
o Prima facie evidence; Preponderance of evidence; Clear and convincing evidence; Beyond a reasonable doubt
9. If the goal is to facilitate planning, which of the following is the best tool that matches that goal?
o Allow debate on change
o Provide legislative processes
o Deter crime
o Prevent discrimination
o Allow for orderly protest
10. What is the fundamental philosophy of the Command school?
o Law is a product of people’s inalienable, natural rights
o Law is the means by which a ruling class maintains control
o Law is a function of economic forces
o Law is a means of redistributing wealth or promoting social justice
11. If the goal is to keep the peace, which of the following is the best tool that matches that goal?
o Deter crime
o Allow for orderly protest
o Prevent discrimination
o Provide legislative processes
o Allow debate on change
12. What is the fundamental philosophy of the Natural school?
o Law is a means of redistributing wealth or promoting social justice
o Law is a function of economic forces
o Law is the means by which a ruling class maintains control
o Law is a product of people’s inalienable, natural rights
13. Judicial review allows the Supreme Court to:
o A. Declare a law inconsistent with the rules of the Constitution
o B. Reject the decision of a lower court it finds to have erred
o C. Change the law to meet the needs of the Court's preferences
o D. Both A and B
This is the basic definition of judicial review.
14. If the goal is to determine procedures for changing the law, which of the following is the best tool that matches that goal?
o Provide legislative processes
o Prevent discrimination
o Deter crime
o Allow for orderly protest
o Allow debate on change
15. 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?
o The jury will continue to deliberate until it can at least come to a consensus, if not unanimity.
o The jury will likely be hung.
o The jury will continue to deliberate until it reaches a unanimous vote, since this is a criminal case.
o The jury will refrain from offering a verdict, and the judge will offer a verdict instead.
16. What is the fundamental philosophy of the Law and Economics school?
o Law is a function of economic forces
o Law is a means of redistributing wealth or promoting social justice
o Law is the means by which a ruling class maintains control
o Law is a product of people’s inalienable, natural rights
17. During a criminal trial where Emerly was found guilty, evidence was presented against her which Emerly and her lawyer feel was unfairly prejudicial. Emerly wants to appeal the court's decision. Which of the following is most likely true?
o If an appeals court finds that the evidence against Emerly should have been excluded, she can receive a new trial.
o If an appeal court finds that the evidence against Emerly should have been excluded, she will receive a new trial in the Supreme Court.
o Since Emerly was already found guilty, the appeals court will not make any decision in her favor, even if evidence against her was prejudicial.
o Since new evidence is not generally accepted in appeals courts, Emerly cannot make any claims about the biased nature of the evidence used against her.
18. If the goal is to prevent undesirable behavior, which of the following is the best tool that matches that goal?
o Prevent discrimination
o Allow debate on change
o Deter crime
o Allow for orderly protest
o Provide legislative processes
19. If the goal is to remedy social injustice, which of the following is the best tool that matches that goal?
o Allow for orderly protest
o Prevent discrimination
o Deter crime
o Provide legislative processes
o Allow debate on change
20. Which method of dispute resolution is most typically incorporated as a condition in business contracts for potential disputes?
o Jury trial
o Mediation
o Negotiation
o Arbitration
21. What is the fundamental philosophy of the Sociological school?
o Law is a function of economic forces
o Law is a product of people’s inalienable, natural rights
o Law is the means by which a ruling class maintains control
o Law is a means of redistributing wealth or promoting social justice
22. 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?
o New York
o Federal Court
o Mississippi
o Texas
23. 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?
o The judge must enter judgment based on the jury's verdict, since all jury members passed the voir dire process.
o The judge may reject the jury's verdict, but must first confer with a panel of three other judges.
o The judge may not reject the jury's verdict, but he or she can order a new trial with the same jury.
o The judge can make a different judgment, notwithstanding the verdict.
24. 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?
o Cleo may be allowed to intervene in the case and gain party status, joining the defendant.
o Cleo cannot join the case because of the statute of limitations.
o Cleo cannot join the case because his problem and interests are separate from that of his neighbor.
o Cleo may be allowed to intervene in the case and gain party status, joining the plaintiff.
25. Which of the following is a legitimate purpose of discovery?
o To help injured parties gain maximum benefits from the guilty party
o To force agreement between parties
o To reveal which party has more leverage over the other party
o To reveal all available information about the facts of the situation
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