ETH 321T Week 1 Practice Assignment
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.
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?
Federal Court
New York
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