1 - Foundations of Law and Ethics
Practice Assignment
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50 |
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1. Bookmark question for later
In the context of a court case process, what is the definition of beyond a reasonable doubt?
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· Restoring credibility to a witness' claim · Plaintiff's challenge to defendant's claim · No other explanation can be derived from the facts—evidence · Reducing the integrity of a witness' claim |
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2. Bookmark question for later
In the context of a court case process, what is the definition of sequestered?
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· More likely than not evidence · A jury is separated from the community during a trial · Evidence assuming assent of the reasonable person · First-sight evidence |
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3. Bookmark question for later
In the context of a court case process, what is the definition of affirmation?
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· Return a case to a trial court for resolution · Ratification of a trial court's decision · Changing a trial court's decision · Using compromise to settle a dispute |
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4. Bookmark question for later
In the context of a court case process, what is the definition of default?
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· Filer of a complaint · Failure of the defendant to fulfill an obligation · The target of a complaint · Court order to appear in trial |
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5. Bookmark question for later
In the context of a court case process, what is the definition of deposition?
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· Determination of jurors' fitness for jury duty · A jury is enlisted · Testimony out of court during pre-trial investigation · Summoning of potential jurors |
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6. Bookmark question for later
In the context of a court case process, what is the definition of mediation?
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· More likely than not evidence · Court order to appear in trial · Use of a third party to resolve a dispute, often legally binding · Using a third party (specifically) to resolve a dispute |
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7. Bookmark question for later
What is the fundamental philosophy of the Natural school?
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· Law is a means of redistributing wealth or promoting social justice · 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 |
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8. Bookmark question for later
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?
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· The judge may reject the jury's verdict, but must first confer with a panel of three other judges. · The judge must enter judgment based on the jury's verdict, since all jury members passed the voir dire process. · The judge can make a different judgment, notwithstanding the verdict. · The judge may not reject the jury's verdict, but he or she can order a new trial with the same jury. |
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9. Bookmark question for later
What is the fundamental philosophy of the Command school?
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· 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 |
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10. Bookmark question for later
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?
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· Texas · Federal Court · Mississippi · New York |
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11. Bookmark question for later
If the goal is to determine procedures for changing the law, which of the following is the best tool that matches that goal?
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· Provide legislative processes · Prevent discrimination · Allow for orderly protest · Deter crime · Allow debate on change |
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12. Bookmark question for later
Which of the following is a legitimate purpose of discovery?
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· To reveal which party has more leverage over the other party · 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 |
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13. Bookmark question for later
What is the fundamental philosophy of the Law and Economics school?
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· Law is the means by which a ruling class maintains control · Law is a function of economic forces · Law is a means of redistributing wealth or promoting social justice · Law is a product of people’s inalienable, natural rights |
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14. Bookmark question for later
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?
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· Since Emerly was already found guilty, the appeals court will not make any decision in her favor, even if evidence against her was prejudicial. · If an appeals court finds that the evidence against Emerly should have been excluded, she can receive a new trial. · 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. · If an appeal court finds that the evidence against Emerly should have been excluded, she will receive a new trial in the Supreme Court. |
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15. Bookmark question for later
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?
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· The jury will likely be hung. · The jury will refrain from offering a verdict, and the judge will offer a verdict instead. · The jury will continue to deliberate until it reaches a unanimous vote, since this is a criminal case. · The jury will continue to deliberate until it can at least come to a consensus, if not unanimity. |
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16. Bookmark question for later
Which method of dispute resolution is most typically incorporated as a condition in business contracts for potential disputes?
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· Arbitration · Jury trial · Negotiation · Mediation |
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17. Bookmark question for later
Which of the following is true concerning trial venues?
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· A party can receive a change of venue when it anticipates a fundamentally biased trial environment. · 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. · A party can receive a change of venue when it anticipates losing a court case in a local venue. |
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18. Bookmark question for later
What is the fundamental philosophy of the Sociological school?
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· Law is a function of economic forces · Law is a product of people’s inalienable, natural rights · Law is a means of redistributing wealth or promoting social justice · Law is the means by which a ruling class maintains control |
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19. Bookmark question for later
If the goal is to facilitate planning, which of the following is the best tool that matches that goal?
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· Allow debate on change · Allow for orderly protest · Deter crime · Prevent discrimination · Provide legislative processes |
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20. Bookmark question for later
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?
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· Cleo cannot join the case because of the statute of limitations. · Cleo may be allowed to intervene in the case and gain party status, joining the plaintiff. · Cleo cannot join the case because his problem and interests are separate from that of his neighbor. · Cleo may be allowed to intervene in the case and gain party status, joining the defendant. |
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21. Bookmark question for later
If the goal is to prevent undesirable behavior, which of the following is the best tool that matches that goal?
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· Provide legislative processes · Allow debate on change · Prevent discrimination · Allow for orderly protest · Deter crime |
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22. Bookmark question for later
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:
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· May not sell the artifacts. · May still sell the artifacts, as long as the state law of an American buyer permits it. · May not sell the artifacts unless they were acquired prior to the passage of the treaty. · May still sell the artifacts, since the treaty covers government, and not private, transactions. |
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23. Bookmark question for later
Nation A makes a decision that Country B disagrees with concerning capital punishments for citizens who commit serious crimes in the country. Which of the following is true?
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· More than one response is correct. · The Act of State Doctrine does not apply to this situation, and Country B may contest the decision. · Nation B cannot meddle with Nation A’s decision under the doctrine of Comity of Nations. · Nation B cannot meddle with Nation A’s decision under the Act of State Doctrine |
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24. Bookmark question for later
A classroom is trying to decide on a set of rules for the school year. 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?
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· Kantian ethics and Social Justice Theory · Virtue ethics and Kantian ethics · Virtue ethics, Kantian ethics, and social justice theory · Virtue ethics only |
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25. Bookmark question for later
Kristy's office wants everyone to sign and agree to follow some new office rules. The rules are as follows:
I) Employees who can't afford lunch may take someone else's lunch from the employee fridge.
II) Employees who walk to work may use the elevator, while those who come in cars must use the stairs.
III) Employees who have a company car must pick up someone who doesn't have a company car on the way to work.
IV) Whenever employees vote on where to go to lunch, the minority voters may veto the voting decision.
Which ethical philosophies are represented in these rules?
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· Social justice theory and utilitarianism · Utilitarianism and Kantian ethics · Social justice theory, utilitarianism, and Kantian ethics · Social justice theory only |
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