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ETH 321T Week 1 Practice Assignment

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ETH 321T Week 1 Practice Assignment

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ETH 321 Week 1 Practice Assignment

In the context of a court case process, what is the definition of affirmation?

 Return a case to a trial court for resolution

 Ratification of a trial court's decision

 Using compromise to settle a dispute

 Changing a trial court's decision

 

In the context of a court case process, what is the definition of rejoinder?

 Decision of the court

 Defendant's answer to the plaintiff

 Decision of the jury

 Request for a higher court to review a case

 

In the context of a court case process, what is the definition of beyond a reasonable doubt?

 Plaintiff's challenge to defendant's claim

 No other explanation can be derived from the facts – evidence

 Reducing the integrity of a witness' claim

 Restoring credibility to a witness' claim

 

In the context of a court case process, what is the definition of deposition?

 A jury is enlisted

 Summoning of potential jurors

 Determination of jurors' fitness for jury duty

 Testimony out of court during pre-trial investigation

 

In the context of a court case process, what is the definition of mediation?

 Court order to appear in trial

 Using a third party (specifically) to resolve a dispute

 Use of a third party to resolve a dispute, often legally binding

 More likely than not evidence

 

In the context of a court case process, what is the definition of sequestered?

 First-sight evidence

 Evidence assuming assent of the reasonable person

 A jury is separated from the community during a trial

 More likely than not evidence

 

If the goal is to keep the peace, which of the following is the best tool that matches that goal?

 Provide legislative processes

 Prevent discrimination

 Allow debate on change

 Allow for orderly protest

 Deter crime

 

Judicial review allows the Supreme Court to:

 Declare a law inconsistent with the rules of the Constitution

 Reject the decision of a lower court it finds to have erred

 Change the law to meet the needs of the Court's preferences

 Both A and B

 

Which method of dispute resolution is most typically incorporated as a condition in business contracts for potential disputes?

 Mediation

 Arbitration

 Jury trial

 Negotiation

 

Which of the following is true concerning trial venues?

 A party can receive a change of venue when it anticipates a fundamentally biased trial environment.

 A party can receive a change of venue when it anticipates losing a court case in a local venue.

 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.

 

If the goal is to facilitate planning, which of the following is the best tool that matches that goal?

 Provide legislative processes

 Allow debate on change

 Allow for orderly protest

 Prevent discrimination

 Deter crime

 

If U.S. law discriminates against a particular class of persons in order to achieve a critical, compelling state interest, it must pass the __________ test in order to be lawful.

 Intermediate scrutiny

 Strict scrutiny

 Rational basis

 Equal protection

 

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?

 The jury will continue to deliberate until it reaches a unanimous vote, since this is a criminal case. Answer: B

 The jury will likely be hung.

 The jury will continue to deliberate until it can at least come to a consensus, if not unanimity.

 The jury will refrain from offering a verdict, and the judge will offer a verdict instead.

 

If the goal is to determine procedures for changing the law, which of the following is the best tool that matches that goal?

 Allow for orderly protest

 Deter crime

 Provide legislative processes

 Allow debate on change

 Prevent discrimination

 

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?

 Cleo may be allowed to intervene in the case and gain party status, joining the defendant.

 Cleo may be allowed to intervene in the case and gain party status, joining the plaintiff.

 Cleo cannot join the case because of the statute of limitations.

 Cleo cannot join the case because his problem and interests are separate from that of his neighbor.

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