Questions 1 to 20: Select the best answer to each question. Note that a question and its answers may be split across a page
break, so be sure that you have seen the entire question and all the answers before choosing an answer.
1. Gary sues Dennis, relying on a state law. Dennis defends himself based on a federal law involving the same subject. If Dennis wins, it will be because of
A. preemption.
B. the federal register.
C. judicial review.
D. devolution.
2. Ben sues Fiona. The court that initially tries the case necessarily will not have __________ jurisdiction.
A. personal
B. appellate
C. original
D. subject matter
3. Karen sues Ted, claiming that under an interpretation of law given in a previously decided case, Karen should win. If so, on which of the following concepts is Karen relying?
A. Stare decisis
B. Preemption
C. Judicial review
D. Devolution doctrine
4. April's attorney informs her that they've been served with interrogatories. Which of the following is true?
A. April's attorney will have to answer questions under oath about the case.
B. April will be required to submit to a physical examination.
C. April will have to answer questions under oath about the case.
D. April will be required to make oral statements in front of a court stenographer.
5. The National Conference of Commissioners on Uniform State Laws developed a revised version of the UCC. Joe learned of this and, relying on one of the changes, acted in a way that was prohibited under the former version but permitted under the revised version. As a result, Joe was sued for his action. Both parties live in Joe's state, which is also where the transaction took place. Whether Joe wins or loses
depends on
A. which version of the UCC the judge thinks is most equitable.
B. whether members of the commission that drafted the revision were from Joe's state.
C. which version of the UCC has been adopted by the legislature in Joe's state.
D. which party stands to gain the most from the lawsuit.
6. Rights of citizens are most likely to be found in which provisions of the U.S. Constitution?
A. Article 1
B. Article 3
C. Article 6
D. The amendments
7. Which type of ADR involves time limits on presentations?
A. Summary jury trials
B. Mediation
C. Med-arb
D. Early neutral evaluation
8. Carl was arrested under a New Jersey statute that made it a crime to be persistently unemployed. Carl argues that a similar statute was declared unconstitutional by the California state court, so the New Jersey state court is required to declare New Jersey's statute unconstitutional. Carl is wrong because
A. more than one court has to rule a certain way before precedent is established.
B. out-of-state cases aren't binding precedent in state courts.
C. only federal courts can create binding precedent.
D. state courts aren't bound by precedent.
9. Which of the following is an ADR technique in which the parties hire a retired judge or magistrate to hear their dispute?
A. Early neutral evaluation
B. A private civil trial
C. A summary jury trial
D. Negotiated rule making
10. The police catch Matthew in the act of committing a crime. The likely order of the stages of Matthew's criminal case is
A. arrest, formal charge, arraignment, preliminary hearing, and trial.
B. arrest, arraignment, formal charge, preliminary hearing, and trial.
C. arrest, preliminary hearing, formal charge, arraignment, and trial.
D. arraignment, formal charge, arrest, preliminary hearing, and trial.
11. Phillip and Lori have a two-car accident in Tennessee. Both of them reside in Tennessee. Phillip will be able to sue Lori in Tennessee federal court
A. if his damages exceed $75,000.
B. if his damages are extraordinary.
C. under no circumstances.
D. if the case involves application of federal law.
12. State law prohibited public criticism of state officials. Kelly criticized the officials and was arrested. She argued that the law conflicted with the U.S. Constitution. The government argued that the law didn't conflict with the state constitution. The court agreed with both positions. Which of the following is true?
A. The law will be held invalid because the U.S. Constitution is the supreme law of the land.
B. The law will be held invalid because a law is invalid if it conflicts with any state constitution.
C. The law will be upheld because it's a state law and is consistent with the state constitution.
D. The law will be held invalid because of the Commerce Clause.
13. John sues Sally under a statute that has ambiguous language. Which of the following is true?
A. The statute is invalid because of the ambiguous language.
B. The court will interpret the statute to resolve the ambiguity.
C. John will have to find a different legal basis for his claim.
D. A legislative body will have to clarify the statute before the court can apply it to John's case.
14. Donovan, like thousands of other people, was injured by an over-the-counter cold medicine that caused his hair to fall out. Even though his hair has grown back, he wants to sue. His lawyer advises that doing so would be expensive and not cost-effective, given the small amount of damage that temporary hair loss caused Donovan and other people like him. Donovan and others in his situation can make a lawsuit costeffective by filing
A. a small-claims lawsuit.
B. in state court.
C. in federal court.
D. a class action lawsuit.
15. Doug's complaint asks for an injunction. Which of the following is true?
A. Doug seeks an equitable remedy.
B. Doug has suffered great harm.
C. Money would be an adequate remedy.
D. Doug seeks money damages.
16. Will, an Idaho resident, was driving in Tennessee and struck Vicki, a Tennessee resident. Which of the following is true?
A. Vicki may sue Will in Tennessee federal court, no matter the amount of her damages.
B. Vicki may sue Will in Tennessee federal court only if the case involves violation of a federal law.
C. Vicki may sue Will in Tennessee federal court if her damages are greater than $75,000.
D. Vicki can't sue Will in Tennessee federal court because Will isn't a resident.
17. Lynn's attorney advises Lynn to resolve a case using med-arb. If Lynn and the defendant agree to use med-arb, this means
A. Lynn is risking that some issues in the case will be decided by an arbitrator.
B. the case involves medical malpractice.
C. all issues will be decided by an arbitrator.
D. the case won't have an outcome unless Lynn and the defendant both agree.
18. Rachel's lawyer tells her that to resolve her case, the court will have to engage in judicial review. This means that the case involves
A. constitutionality of a statute, administrative regulation, or executive action.
B. common law.
C. an appellate court.
D. judicial interpretation of a statute with ambiguous and unclear language.
19. Antonio's attorney proves that there's no issue of any material fact, and the attorney would like to ask the court for an immediate judgment favorable to Antonio. Antonio's attorney should file a/an
A. summary judgment motion.
B. answer.
C. writ of execution.
D. injunction.
20. Scott seeks a type of ADR that will end his case, one way or the other. His best choice is
A. early neutral evaluation.
B. binding arbitration.
C. mediation.
D. summary jury trial.
