Deck 4: Legal System

Question 1

The King's Court of Common Pleas was ___________________.

A)The court system in the American colonies prior to adoption of the U.S. Constitution.
B)The original name of the Delaware Chancery Court.
C)A court of law in England for resolving disputes between commoners.
D)A court of equity in England for resolving disputes based on fairness.

Answer 1

C
A court of law in England for resolving disputes between commoners. The King's Court of Common Pleas was established in England to resolve disputes between commoners based on strict rules of law. Filing writs (now called complaints) eventually became a technical process, and claims were dismissed for failure to comply with the technical requirements. In response, the Court of Chancery was developed to resolve claims based on fairness and equity.

Question 2

The Kansas Court of Appeals is a court of ________________ jurisdiction, and the Kansas Superior Court is a court of ___________________ jurisdiction.

A)In rem; appellate.
B)Exclusive; general.
C)Limited; general.
D)Appellate; original.

Answer 2

D
Appellate; original. The Kansas Court of Appeals has authority to review cases from lower courts in Kansas. The Kansas Superior Court has authority to hear and decide cases before any other court can review the case.

Question 3

The American constitutional system is a system of ___________________________.

A)Dual sovereignty.
B)Divided government.
C)Presidential government.
D)Statutory laws.

Answer 3

A
Dual sovereignty. Under the American constitutional system, the states retain their sovereignty, so that the federal government does not have too much power. Dual sovereignty is often referred to as federalism.

Question 4

In the American legal system, the law is classified into two basic categories, _____________ and ______________.

A)Legal positivism and legal realism.
B)Equitable and procedural.
C)Civil and criminal.
D)Substantive and contractual.

Question 5

The term "procedural law" refers to _____________________________.

A)Rules that ensure that laws are enforced fairly.
B)The order in which criminal and civil cases are processed by the judicial system.
C)Legal rules that define and regulate the rights and duties that provide social order.
D)Rules promulgated by federal regulatory agencies.

Question 6

An investor sued a corporation in federal court under federal securities law. The investor had lost money after purchasing shares in the corporation based on the corporation's misleading press release. The investor won at the district-court level, but the corporation appealed. The court of appeals reversed the trial court, and the investor filed a petition for a writ of certiorari with the U.S. Supreme Court. If it grants the petition, the Supreme Court will have exercised its _________________.

A)Mandatory jurisdiction.
B)Original jurisdiction.
C)Limited jurisdiction.
D)Discretionary jurisdiction.

Question 7

The term "public law" refers to _____________________________.

A)The laws that establish public services and entitlements, including constitutional rights that an individual may have in those services and entitlements.
B)The laws dealing with the relationship between the government and private individuals and the organization of the government itself.
C)The laws dealing with non-profit, public-interest organizations.
D)The laws dealing with the relationships between private individuals.

Question 8

Which of the following is NOT an example of a public law?

A)The United States Constitution.
B)The law of negligence.
C)A state criminal law.
D)The Internal Revenue Code.

Question 9

The term "civil law" refers to _____________________________.

A)The law establishing minimum standards of civility that are expected of all individuals in society.
B)Public laws that an individual can use to impose penal sanctions on another who violated the individual's private rights.
C)The law establishing the rights and duties which individuals owe to others in society and sanctions for breach of those duties.
D)The law establishing minimum requirements for acceptable conduct in society and the punishments for violation of the minimum requirements.

Question 10

The term "misdemeanor" is commonly defined as _____________________________.

A)A crime involving petty theft or criminal damage to property.
B)A civil wrong based on negligence or an intentional tort.
C)A crime punishable by imprisonment for more than one year or by death.
D)A crime punishable by a fine or by imprisonment for less than one year.

Question 11

Oliver owned a house on the beach and wanted to add a deck so he could enjoy the ocean view. Oliver hired Carl Contractor to build the deck, and Carl started work two days later. Carl purchased $1,000 worth of wood and supplies before starting work on the deck. Five days later, before the project was completed, a hurricane totally destroyed the house and partially built deck. The contract is no longer in effect because it is impossible for Carl to complete it, but Carl may be able to recover damages for ______________.

A)Quantum meruit.
B)An impossible contract.
C)Consequential damages.
D)Incidental damages.

Question 12

An environmental group filed suit against a chemical company in federal court. The suit sought an injunction to force the company to stop polluting a river based on the environmental group's ownership of land along the river. The company voluntarily stopped polluting before the injunction was issued. The court then dismissed the case because the case was no longer __________________.

A)Ripe.
B)Moot.
C)Standing.
D)Adjudicated.

Question 13

Under American civil law, a tort is a(n) ________________.

A)Civil claim that a victim of a crime can assert against the person who committed the crime.
B)Enforceable document signed by a person regarding the transfer of the person's property after death.
C)Enforceable agreement between two or more parties that is recognized by law.
D)Wrongful breach of a duty owed to another for which damages may be obtained.

Question 14

The term "concurrent jurisdiction" refers to _____________________________.

A)A court's authority to adjudicate disputes over property within a geographical territory.
B)A situation in which more than one court has jurisdiction to hear and decide a case.
C)The authority of a court to hear and decide a case before any other court.
D)The authority of a court to hear and decide a case to the exclusion of all other courts.

Question 15

Under the American legal system, remedies are either ________________ or ________________.

A)Monetary; non-monetary.
B)Damages; awards.
C)Legal; equitable.
D)Civil; criminal.

Question 16

A homeowner in Indiana obtained a homeowner's insurance policy from an insurance company in Illinois. The homeowner filed a $100,000 claim with the insurance company after the home was severely damaged by a severe storm. The insurance company denied the claim, and the homeowner sued in Indiana state court. The insurance company then filed the appropriate documents to have the case transferred to federal court. This is an example of __________________.

A)Diversity jurisdiction.
B)Removal jurisdiction.
C)Appellate jurisdiction.
D)Original jurisdiction.

Question 17

To assert a constitutional claim in federal court, the claim must NOT be ______________.

A)Ripe.
B)Moot.
C)Asserted by a U.S. citizen.
D)Optional.

Question 18

Which of the following is NOT an example of a private law?

A)A state constitution.
B)The law of real property.
C)The law of contracts.
D)Domestic relations law.

Question 19

Which of the following is NOT an example of procedural law.

A)The California Code of Civil Procedure.
B)The Federal Rules of Appellate Procedure.
C)The Code of Federal Regulations.
D)The Federal Rules of Evidence.

Question 20

Under the doctrine of the separation of powers, what are the three branches of government established by the United States Constitution?

A)Federal, state, and local.
B)Legislative, executive, and judicial.
C)Elective, corporate, and legal.
D)Congressional, presidential, and adjudicative.

Question 21

A 20-year-old woman sought to have an abortion, but was unable to have the procedure performed because a statute in the state prohibited abortions. The woman's father filed suit in federal court challenging the constitutionality of the law. The case will be dismissed because the father does NOT have __________________.

A)Mootness.
B)Ripeness.
C)Legal representation.
D)Standing.

Question 22

Congress may establish administrative agencies to establish and enforce rules and regulations ___________________________.

A)As a means of dividing responsibility for enforcement of laws to improve efficiency of government operations.
B)In areas that require specialized knowledge and more supervision that Congress can provide.
C)Governing research scientists in a given scientific field if Congress is unable to adequately supervise the field.
D)That Congress can draw upon when enacting statutes related to areas requiring scientific knowledge.

Question 23

Generally, state courts are courts of _______________________.

A)Personal jurisdiction
B)General jurisdiction.
C)Venue jurisdiction.
D)Limited jurisdiction.

Question 24

After trial in a negligence suit, the jury awarded $500,000 to the plaintiff. Out of the $500,000, $100,000 was allocated as compensatory damages for the plaintiff's medical bills, lost wages, and pain and suffering. The remaining $400,000 was awarded because the jury concluded that the defendant's conduct was outrageous and reckless. Thus, the additional $400,000 was awarded as ___________________.

A)Consequential damages.
B)Actual damages.
C)Incidental damages.
D)Punitive damages.

Question 25

Federal agencies established by Congress have both _____________ and ______________.

A)Professional administrators; elected representatives.
B)Rule-making power; elected officials.
C)Quasi-legislative power; quasi-judicial power.
D)Quasi-judicial power; professional administrators.

Question 26

The Court of Chancery was ____________________________.

A)A court of equity in England for resolving dispute based on fairness.
B)The original name of the New York Supreme Court.
C)A court of law in England for resolving disputes between commoners.
D)The court system in the American colonies prior to the Revolutionary War.

Question 27

With summer approaching, Bert needed a new air conditioning system. Most air conditioning contractors offered "Monster" brand air conditioners, with installation, for $2,500. Maximum Heating and Cooling offered the same Monster brand air conditioner for $2,000. Bert signed a contract with Maximum for the Monster air conditioner, with installation, for $2,000. Later, Maximum refused to honor the contract, and Bert sued. Most likely, Bert will be awarded damages of _____________.

A)$1,000.
B)$2,000.
C)$2,500.
D)$500.

Question 28

Under the U.S. Constitution, federal courts will NOT issue ______________.

A)Advisory opinions.
B)Mandatory opinions.
C)Default judgments.
D)All of the above.

Question 29

A state cannot regulate nuclear energy facilities because the federal government has created the Nuclear Regulatory Commission to establish and enforce rules and regulations in the nuclear energy field. Under the U.S. Constitution, this is an example of _____________________.

A)The supremacy of state law.
B)Federal police power.
C)Uncontrolled federal power.
D)Federal preemption.

Question 30

Congress enacted a statute entitled the Religious Freedom Restoration Act (RFRA). The United State Constitution prohibits excessive entanglement between government and religion as a violation of the Establishment Clause. The United States Supreme Court held that the RFRA violated or conflicted with the Establishment Clause. The Court then struck down the RFRA because __________________.

A)Statutory law takes priority over constitutional law.
B)The Establishment Clause takes priority over other constitutional rights.
C)Constitutional law takes priority over statutory law.
D)Administrative law takes priority over constitutional law.

Question 31

Under the U.S. Constitution, the right to privacy is ________________________.

A)Implied under the penumbra of individual rights.
B)Specifically stated under the penumbra of individual rights.
C)Limited to the reasonable expectation of privacy under the Fourth Amendment.
D)The major issue under the Fifth Amendment.

Question 32

The United States Supreme Court is a court of both ______________ and _______________.

A)Original jurisdiction; quasi in rem jurisdiction.
B)Appellate jurisdiction; general jurisdiction.
C)Original jurisdiction; appellate jurisdiction.
D)Appellate jurisdiction; personal jurisdiction.

Question 33

A declaratory judgment ______________.

A)Dismisses an action for failure to state a claim.
B)Is a judgment entered by a jury and subject to approval by the judge.
C)Determines the rights of the parties in a tort case.
D)Rules on the rights and obligations of the parties without ordering enforcement.

Question 34

In 1905, the owner of an early automobile, who lived in Florida, drove his car into Alabama. While in Alabama, the driver had trouble slowing the vehicle and ran into the back of a horse-drawn wagon, causing damage. The owner returned to Florida, and the wagon owner filed suit in Alabama state court. The wagon owner's lawyer and the court could not find any statute or case law that established a precedent for personal jurisdiction over the defendant. This is an example of __________________.

A)Stare decisis.
B)A controlling precedent.
C)A case of first impression.
D)A case of last impression.

Question 35

Which of the following is NOT a right guaranteed under the First Amendment?

A)Freedom from compelled self-incrimination.
B)Right to peaceably assemble.
C)Freedom of speech.
D)Freedom of religion.

Question 36

At a minimum, procedural due process of law requires ______________________.

A)An opportunity to be heard by a tribunal.
B)Notice of a claim.
C)An impartial tribunal.
D)All of the above.

Question 37

Which of the following is NOT a right guaranteed under the Fifth Amendment?

A)Right to just compensation when private property is taken.
B)Right to due process of law.
C)Freedom from compelled self-incrimination.
D)Right prohibiting excessive bail or fines.

Question 38

The term "quasi in rem jurisdiction" refers to court's personal jurisdiction based on _____________________________.

A)A person's property located within the jurisdiction from which a judgment can be satisfied.
B)The court's power to adjudicate disputes over property located with the court's geographical jurisdiction.
C)The court's authority to hear and decide cases before any other court can review the case.
D)The authority of a court to hear and decide cases within a defined subject matter area.

Question 39

Paula lives in Harris County. She entered a contract with Deke, who lives in Sherman County. Paula wants to sue Deke for breach of contract. Under state law, Paula must sue a defendant in the defendant's county of residence, so she must sue Deke in Sherman County. This is an example of _________________.

A)Personal jurisdiction.
B)Quasi in rem jurisdiction.
C)Venue.
D)Subject-matter jurisdiction.

Question 40

At its most basic level, due process of law is intended to provide ______________________.

A)Adequate service of process in criminal and civil suits.
B)Protection against wrongs by other persons.
C)Fundamental fairness.
D)Economic fairness.

Question 41

Kathy agreed to sell her car to Tammy, and Tammy agreed to buy the car. They agreed upon a written contract, signed it, and the title was transferred to Tammy. Tammy paid one half of the sales price when the title was transferred, but never paid anything further. Seven years later, Kathy sued Tammy for breach of contract, but the court dismissed the action because it was time-barred. The action was time-barred because of the six-year __________________.

A)Tolling agreement.
B)Statute of frauds.
C)Statute of limitations.
D)Term limit on contracts.

Question 42

The term "quantum meruit" refers to ______________.

A)The amount of work performed under a contract.
B)A promise in a contract setting that is unenforceable.
C)The value of the work performed under a quasi-contract.
D)The value of the work performed under any contract.

Question 43

Under substantive due process, legislation is fundamentally unfair if it ______________________.

A)Is unreasonable, arbitrary, or capricious.
B)Is burdensome and taxing.
C)Establishes a complex regulatory scheme.
D)Clearly defines conduct that is prohibited.

Question 44

A member of Congress wanted to enact a statute that would prohibit the use of billboards by candidates running for federal office in the promotion of their campaigns. Uncertain of the constitutionality of the proposed legislation, the member of Congress files an action in federal court seeking an advisory opinion. The federal court will dismiss the action because __________________.

A)A federal court cannot rule on proposed legislation.
B)Federal lawmakers are prohibited from filing lawsuits in federal court.
C)Federal courts are prohibited from issuing advisory opinions.
D)An adverse advisory opinion would not prevent Congress from enacting the legislation.

Question 45

The requirements of due process of law apply only to ______________________.

A)Criminal cases.
B)Private action.
C)Government action.
D)Equal protection cases.

Question 46

A city enacted an ordinance that prohibited billboard advertising intended to influence public opinion. An advocacy group that regularly used billboard advertising filed a lawsuit in federal court challenging the ordinance. One month later, the city repealed the ordinance. The federal court dismissed the lawsuit because the issue __________________.

A)Had become ripe.
B)Had become moot.
C)Lacked standing.
D)Had been adjudicated.

Question 47

A law is unconstitutionally vague if ______________________.

A)A reasonable person cannot determine what conduct is prohibited and what conduct is not prohibited.
B)The law regulates substantially more conduct than is permitted under the Constitution.
C)The law regulates an area of the law traditionally regulated by state law, such as professional licensure.
D)All of the above.

Question 48

Under the Constitution, treaties are ______________________.

A)Given less weight than state law.
B)Binding on the other branches of government when signed by the President.
C)Negotiated by the Senate and enforced by the judiciary.
D)Negotiated by the President and ratified by the Senate.

Question 49

The term "jurisdiction" refers to ______________________.

A)A geographical region from which members of a jury can be drawn.
B)The procedural steps that a judge must follow to enforce a right or duty.
C)A court's power or authority to hear and decide a case.
D)An attorney's power to represent a party in litigation.

Question 50

Under res judicata, parties to a litigation case are prevented from relitigating a claim if the same parties litigated the same claim in prior litigation that reached a determination of the claim. If Mary sued Robert for breach of contract, but the court dismissed the action under Rule 12(b) for failure to state a claim, is Mary prohibited from re-filing the action (using a revised complaint) under res judicata?

A)Yes, because the court reached a determination in the first action.
B)Yes, because the same parties are involved in the second suit.
C)No, because the court did not reach a determination in the first action.
D)No, because the revised complaint changes the claim before the court.

Question 51

An investor sued a stock broker under federal law and alleged fraud in the broker's marketing of various investments. The investor filed in the appropriate U.S. District Court. The court has subject matter jurisdiction because __________________.

A)The investor's claim arises under state law.
B)The U.S. District Court is a court of limited jurisdiction.
C)The investor's claim arises under federal law.
D)The investor and the broker both reside in the same state.

Question 52

Federal courts are courts of _______________________.

A)Limited jurisdiction.
B)Appellate jurisdiction.
C)General jurisdiction.
D)Personal jurisdiction.

Question 53

Which of the following is NOT one of the three important functions of the United States Constitution?

A)To set forth the powers granted to Congress and the federal government.
B)To explain the theoretical principles upon which the Constitution is based.
C)To guarantee the fundamental rights of the people.
D)To limit the powers of the states.

Question 54

The term "exclusive jurisdiction" refers to a court that _____________________________.

A)Can hear any case.
B)Has authority to hear cases in a certain subject area to the exclusion of all other courts.
C)Has authority to hear appeals of cases from lower courts.
D)Has authority to adjudicate disputes over property within a geographical territory.

Question 55

Generally, the origin of modern constitutional democracy is traced to the

A)Declaration of Independence.
B)Parliamentary Constitution.
C)Magna Carta.
D)U.S. Constitution.

Question 56

The term "appellate jurisdiction" refers to the authority of a court to _____________________________.

A)Adjudicate disputes over property within a geographical territory.
B)Hear cases in a certain subject area to the exclusion of all other courts.
C)Review decisions of lower courts.
D)Hear and decide cases before any other court can review the case.

Question 57

The term "mediation" refers to ______________.

A)The litigation of certain evidentiary issues shortly before trial.
B)Dispute resolution through a third-party neutral who seeks to find a mutually agreeable solution.
C)A U.S. District Court judge's use of a magistrate judge to hear a specific issue.
D)Dispute resolution through one or more third-party neutrals whose decision is binding.

Question 58

In comparing cases at law and cases in equity, the final order in an action at law is a judgment, and the final order in an action in equity is a(n) ______________.

A)Order.
B)Decree.
C)Determination.
D)Opinion.

Question 59

The term "arbitration" refers to ______________.

A)A U.S. District Court judge's use of a magistrate judge to hear a specific issue.
B)The litigation of certain evidentiary issues shortly before trial.
C)Dispute resolution through one or more third-party neutrals whose decision is binding.
D)Dispute resolution through a third-party neutral who seeks to find a mutually agreeable solution.

Question 60

In American civil law, the two most common categories for classifying the rights and duties that form the basis for most common law claims are _____________ and ________________.

A)Contracts; wills.
B)Torts; contracts.
C)Statutory law; administrative law.
D)Criminal law; torts.

Question 61

Millie lives in Connecticut and purchased an insurance policy from North Carolina Property & Casualty (NCPC), which is based in North Carolina. NCPC was not authorized to do business in Connecticut, and no NCPC sales representatives have ever been present in the state, but NCPC mailed advertising to many residents of Connecticut. When Millie filed a claim with NCPC, the claim was denied. Millie filed suit in Connecticut, and NCPC was properly served. The Connecticut court's personal jurisdiction over NCPC is constitutional because _________________.

A)Minimum contact with Connecticut occurred when NCPC mailed advertising to and entered into an insurance contract with a Connecticut resident.
B)Minimum contact with Connecticut occurred when Millie filed suit and NCPC was properly served.
C)Minimum contact with Connecticut occurred when Millie filed a claim with NCPC.
D)Minimum contact with Connecticut resulted when NCPC was properly served.

Question 62

The three main ways that a court can obtain personal jurisdiction over a defendant in a civil case are __________________, _________________, and ___________________.

A)Submission; domicile; out-of-state agent.
B)Submission; out-of-state agent; state of birth.
C)Consent; domicile; state of birth.
D)Consent; domicile; long-arm statute.

Question 63

The United State Court of Appeals has original jurisdiction over which of the following subject areas?

A)Patents and trademarks.
B)Suits against ambassadors.
C)Civil rights claims under 42 U.S.C. § 1983.
D)None of the above.

Question 64

Which of the following is an example of in rem jurisdiction?

A)A plaintiff sues a defendant for property damage to the plaintiff's vehicle after a traffic accident.
B)A suit in which the court is asked to determine the rightful owner of a vehicle out of three competing claimants.
C)An injured worker files a claim with the state's workers' compensation board seeking medical benefits from an insurance company.
D)An employee files a claim with the local office of the National Labor Relations Board based on unpaid wages.

Question 65

A negligence suit arising from an automobile accident is an action at ____________, so after the matter has been litigated, the judge will enter a(n) _______________.

A)Law; judgment.
B)Law; decree.
C)Equity; judgment.
D)Equity; decree.

Question 66

The term "venue" refers to _____________________________.

A)The court with subject-matter and personal jurisdiction.
B)A defendant whose place of residence is outside the county or state of the plaintiff's place of residence.
C)The location that the court chooses to hold the trial.
D)The proper location within a jurisdiction for trial to be held.

Question 67

Under the U.S. Constitution, Congress may enact statutes ___________________________.

A)That take power from the states.
B)In any area without restriction.
C)Only if ratified by citizens in a referendum.
D)Only in areas specifically authorized.

Question 68

The United States Supreme Court has ruled that criminal defendants are entitled to the assistance of counsel. The Court's ruling is based on ________________________.

A)Article III of the Constitution.
B)The First Amendment.
C)The Fifth Amendment.
D)The Sixth Amendment.

Question 69

The United States Court of Appeals and the United States District Court were created by _____________________________.

A)The Articles of Confederation.
B)The Declaration of Independence.
C)Article III of the U.S. Constitution.
D)An act of Congress.

Question 70

The term "private law" refers to

A)The statutory laws that establish the right of individuals to privately own real estate (thereby ending the feudal system of land ownership).
B)The laws dealing with privacy rights.
C)The laws dealing with the relationships between private individuals.
D)The laws dealing with the relationship between the government and private individuals and the organization of the government itself.

Question 71

Appeals to the United States Supreme Court are

A)Mandatory.
B)Necessary.
C)Optional.
D)Discretionary.

Question 72

The United State Court of Appeals for the Federal Circuit has exclusive appellate jurisdiction over appeals involving _______________.

A)Patents.
B)Copyright.
C)Trademark.
D)All of the above.

Question 73

Substantive due process requires fundamental fairness in ______________________.

A)Interactions between the federal government and the states.
B)Proceedings against a private person.
C)The content of legislation.
D)Access to the political process.

Question 74

Generally, tort claims are categorized as ________________, _______________, or ________________.

A)Intentional torts; negligence; strict liability torts.
B)Negligence; trespass; property crimes.
C)Offers; trespass; breach.
D)Strict liability torts; intentional torts; consideration.

Question 75

Joe lives in Oregon and entered a contract with Sam, who lives in Washington State. The contract is worth $150,000. Joe wants to sue Sam for breach of contract and knows that his claim meets the requirement for diversity jurisdiction in federal court. If Joe files his suit with the U.S. Circuit Court of Appeals for the Ninth Circuit, it will be rejected because the circuit court of appeals does NOT have __________________.

A)Original jurisdiction.
B)Limited jurisdiction.
C)Concurrent jurisdiction.
D)Personal jurisdiction.

Question 76

For the United State District Court to have jurisdiction in a federal questions case, the action must ______________.

A)Involve parties of diverse citizenship.
B)Arise under the U.S. Constitution or federal law.
C)Involve an amount in controversy exceeding $75,000.
D)Arise out of a dispute between two or more states.

Question 77

Art Dealer agreed to sell a Monet painting to Buyer. Dealer and Buyer agreed to a price of $350,000 with delivery to occur in one week. Two days later, Purchaser offered to buy the Monet for $450,000, and Dealer accepted. When the date for delivery to Buyer arrived, Dealer refused to complete the transaction. If Buyer sues, Buyer may be entitled to _____________________.

A)Consequential damages.
B)Specific performance.
C)Incidental damages.
D)Punitive damages.

Question 78

The term "felony" is commonly defined as _____________________________.

A)A crime punishable by imprisonment for more than one year or by death.
B)A crime involving theft, burglary, robbery, drug trafficking, or murder.
C)A crime punishable by a fine or by imprisonment for less than one year.
D)A civil wrong involving fraud or misrepresentation.

Question 79

After Congress establishes a federal agency, the rules and regulations of the agency and the decisions of the agency are ___________________________________.

A)Subject to review by the courts.
B)Subject to review by the President.
C)Not subject to review by the courts.
D)May not be overruled by Congress.

Question 80

Under American law, the basic elements of a contract are ________________, _______________, _______________, and ________________.

A)Duty; breach of duty, causation; damages.
B)A writing; signatures; consideration; no defenses to formation.
C)Offer; acceptance; consideration; no defense to formation.
D)Formation; conditions; discharge of duties; performance.