- A moral __________________believes that is right to be tolerant of different viewpoints and customs when discussing ethics.
- ___________________ is the tendency to decide current cases based on prior judicial rulings.
- Under our Constitution, the ________________branch of government is tasked with enforcing laws.
- Under our constitution, the _______________branch of government interprets laws to determine their validity.
- The _______________________can veto congressional legislation.
- Legal ____________________claim that the law itself does not matter as much as who enforces it and by what means.
- Unlike a common law system, a _________________law system looks to statute books or codes to find the law.
- A __________________________ is an order to appear at a particular time and place to provide evidence.
9. The _____________________________clause of the US Constitution states that the Constitution and laws passed by Congress pursuant to the Constitution are superior to state laws.
10. That Courts have the right and ability to review acts of Congress and the President, known as “judicial review”, was established in the early Supreme Court case. ________________________ v. __________________________.
Part Two: Multiple Choice: 2 points each.
11. A summons is issued: a. if there is a problem with one of the pleadings previously filed b. if the complaint has been served on the defendant c. if a judgment has been entered against the defendant d. if a if a Complaint has been filed with the court
12. A deposition is: a. written statements of a party or witness prior to trial b. Oral testimony of a party or witness at trial c. Oral testimony given by a party or witness prior to trial d. Written testimony of a party or witness at trial
- For a person to have standing to sue: a. A person must have the funds to pay for the court filing fee b. The outcome of the case must personally affect him or her c. A person suing must be a resident of the state in which the case is filed. d. All of the above.
14. Alternative dispute resolution methods are intended to help the parties avoid a. Arbitration b. litigation c. negotiation . d. mediation
15. In ______________the opposing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve the dispute: a. Binding arbitration b. litigation c. mediation d. non-binding arbitration
PART THREE – Mark true or false. You may explain your answer if your wish – 2 points
16. _____________The State of Missouri may exercise jurisdiction over Fred, a resident of Texas, if he caused injuries in an auto accident while Fred was in Missouri.
17.___________The reason for providing federal diversity of citizenship actions was to prevent state court bias against nonresidents.
18. __________Controversies in state court must exceed $75,000.00 in order for a state court to hear them.
19. __________The US Constitution states that America is a Christian nation.
20. __________A forum selection clause allows the parties to a contract to elect where a dispute will be heard if there is a later disagreement about the contract.
21. _________Appellate courts will hear new evidence and new testimony.
22_________Administrative Law is superior to the Constitution.
23.__________The person who files a lawsuit is called the plaintiff.
24..____________A long arm statute allows a defendant to be served with a summons of one state in another state where defendant is located.
25.._____________Negotiation involves use of a neutral third party in resolving a dispute.
26._____________Stare decisis makes the law more predictable in a common law system.
27.___________Common law or case law is the collection of legal interpretations made by judges.
28.____________The categorical imperative states that an action is moral only if it would be consistent for everyone in society to act in the same way.
29.____________Ethical relativism is a theory of ethics that denies the existence of objective moral standards.
30.___________Ripeness means that a judge’s decision in the case is capable of affecting the parties immediately.
31.___________A party does not have to give any reason for a peremptory challenge during jury selection.
32.___________Natural law proponents contend that certain ethical principles supersede laws created by humans.
33. ___________In Brzonkala v. Robinson, a Virginia Tech student was allowed by the Supreme Court to sue her rapists under the Violence against Women Act passed b y the US Congress.
34. ___________The contract clause of the Constitution prohibits a state from “unreasonably interfering with private contracts, but reasonable regulations on private contracts are permissible.
35. ___________ During a traffic stop, police can demand that a driver turn over his cell phone to the police for review to see if the driver was texting while driving.
36. ____________The takings clause of the constitution prohibits a state from taking some one’s land to widen a roadway.
PART FOUR- 7 points each.
- A former President of the United States, upon leaving office, takes to his private residence certain documents he wrote and signed while in office ordering government officials to perform various acts. He declines to return the materials to the National Archives. Can federal authorities obtain a warrant to seize these materials? From whom do they obtain a warrant? What must the federal officials show to obtain a warrant? Can the former President argue against the warrant before it is executed?
- A librarian at a public high school in Athens, Georgia stocks two copies of the Bible in the school library. When several students ask that the Koran also be place on the library shelves, the librarian declines, saying it would be “disruptive”. Is the US Constitution being violated in these circumstances? Why or why not?
- Suppose you were involved in a lawsuit where you had been injured in a car accident, sustaining broken bones and $10,000.00 in medical bills that were not covered by insurance. You sued the other driver who was at fault. Your lawyer advises you that because of the pandemic, your case is unlikely to come to trial for three years. It is suggested by the Court that the parties utilize Alternative Dispute Resolution. Which type of ADR would you prefer in this case, and why? Mediation, Non-binding Arbitration, or Binding Arbitration, or Summary Jury trial. Explain your reasoning.
- Using the Miller test discussed in Chapter Five, could a state argue that it is obscene and illegal for a college to put on a stage play that depicts graphically the rape and murder of an enslaved woman prior to the Civil War? Discuss the Miller test and whether a state prohibition of such a play can be deemed obscene.
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