BUS 19 Week 2 Quiz 3

 BUS 19 Week 2 Quiz 3 | Assignment Help | Delta College 

Question 1

When the U.S. Supreme Court reviews petitions for a writ of certiorari, the writ is granted if four of the nine justices vote to take the case.

  

True 

False

 

 

Question 2

The terms judicial restraint and judicial activism are not exclusive to particular judges and many may share aspects of both in their judicial philosophy.

  

True 

False

 

Question 3

Which of the following provides the details of how court litigation is conducted in federal court litigation?

  

The Sixth Amendment 

Article III of the Constitution 

The First Amendment 

Federal Rules of Evidence 

Federal Rules of Civil Procedure

 

IncorrectQuestion 4

Most lawsuits begin at the _____ level.

  

magistrate's court 

appellate court 

state supreme court 

trial court  

Supreme Court

 

 

IncorrectQuestion 5

The federal courts have original jurisdiction over all of the following matters EXCEPT:

  

suits between citizens of the same state. 

cases arising out of the U.S. Constitution. 

when the U.S. is a party. 

controversies among the states 

questions of federal law.

 

 

Question 6

A petition for a writ of certiorari is a request by the losing party in the court of appeals for permission to file an appeal with the _____.

  

arbitration panel appointed by the court 

Court of Appeals 

magistrate's court

trial court 

U.S. Supreme Court

 

Question 7

Which of the following is true of the role of jurors?

  

They apply the law to the facts.  

They determine the applicable rules of law relevant to the case. 

They apply constitutional limitations and guarantees. 

They present the evidence and arguments to the juries and judges. 

They determine the facts from conflicting evidence.

 

 

Question 8

Federal question cases are those:

  

based on certain suits between citizens of different states. 

based on controversies among the states. 

cases between a citizen and a corporation. 

that have the United States as a party. 

based on issues arising out of the U.S. Constitution.

 

 

Question 9

How many Supreme Court justices does it take to vote for a writ of certiorari for it to be granted?

  

Nine 

Five 

Four 

Eight 

One

 

 

IncorrectQuestion 10

A lawyer cannot testify against a client, even if called to do so at a trial.

  

True 

False

 

 

IncorrectQuestion 11

Which of these can only be a state court?

  

Supreme Court 

Court of Appeals 

District court 

Bankruptcy court 

Small claims court

 

Question 12

If the judge finds that the verdict is erroneous as a matter of law, she may enter a _____.

  

peremptory challenge 

judgment notwithstanding the verdict 

directed verdict 

summary judgment 

voir dire

 

Question 13

Evidence in the form of a sworn statement is called an affidavit.

  

True  

False

 

Question 14

Charles is suing Chad. After he receives the answer, Charles believes that he should win based solely on his original complaint and Chad's answer. Charles should file a:

  

motion for a summary judgment.  

motion for a judgment on the pleadings.  

motion in limine. 

motion to dismiss for failure to state a cause of action.  

motion for a directed verdict.

 

 

Question 15

At the federal level, the Supreme Court encourages class action suits by consolidating cases and reducing the total caseload burden on the courts.

  

True 

False

 

 

Question 16

Sanchez, a judge, has reviewed her cases and believes that the lawsuit between Lopez and Franz completely lacks any merit. She is convinced that the suit should not continue. What may Sanchez do in response?

  

File a motion to have Lopez extradited 

Terminate the litigation on her own motion 

File a request for admission  

File a motion for judgment on the pleadings  

Wait until Franz files a motion to terminate the litigation

 

 

Question 17

Once a judge has determined that the plaintiff is to be awarded a certain sum of money, the plaintiff may begin the process to obtain the money from the defendant by having the sheriff or other court official seize the defendant's property and sell it. This is called:

  

extradition. 

summons. 

summary judgment. 

execution. 

deposition.

 

 

Question 18

The verdict is the final decision of the case entered by the judge.

  

False 

True

 

Question 19

Due process requires that a defendant must have certain minimum contacts with a state in order to be hailed into court under a long-arm statute.

  

True 

False

 

Question 20

The party appealing is usually referred to as the appellant.

  

True 

False

 

Question 21

Thurgood Marshall was the first African American to serve on a jury. 

  

True  

False

 

 

Question 22

In California, your employer is not allowed to penalize you for missing work for jury duty (Links to an external site.).

  

True 

False

 

 

Question 23

In the state appellate courts, there are no witnesses, and no evidence (Links to an external site.) is presented.

  

True 

False

 

Question 24

What percentage of cases are settled before trial?  

10% 

95%

None are settled before trial 

50%

Question 25

The definition of "standing to sue" is that issues decided by a court must be raised by persons who will be directly affected by the outcome of the case.

Hint:  Answer found in Module 4. Litigation

  

True  

False