Deck 2: Business Ethics and Social Responsibility

Question 1

Concurrent federal jurisdiction means that both state and federal courts have jurisdiction over a case.

Answer 1

True
Explanation: Concurrent federal jurisdiction means that both state and federal courts have jurisdiction over a case.

Question 2

Peremptory challenges in jury selection may not be racially based.

Answer 2

True
Explanation: The U.S. Supreme Court initially ruled that race-based peremptory challenges in criminal cases violate the equal protection clause of the Fourteenth Amendment to the U.S. Constitution and later extended the ban on race-based challenges to civil cases.

Question 3

State courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system.

Answer 3

True
Explanation: State courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system.

Question 4

A court must have several types of jurisdiction to decide any particular case.

Question 5

Intermediate courts of appeal exist in all states.

Question 6

If an appellate judge agrees with the majority's decision but for different reasons, the judge may write a "concurring" opinion.

Question 7

A defendant who believes that he or she has a claim against the plaintiff would include a counterclaim with the answer.

Question 8

A reply is an answer to a counterclaim.

Question 9

The defendant responds to a complaint with an answer.

Question 10

Subject-matter jurisdiction is a court's power to hear certain kinds of cases.

Question 11

Under federal statutory law Internet transactions cannot be the basis for a finding of in personam jurisdiction.

Question 12

In some cases, the U.S. Supreme Court functions as a trial court.

Question 13

Only one party may appeal from a final judgment.

Question 14

The term ADR refers to the resolution of legal disputes through methods other than litigation.

Question 15

On average, the U.S. Supreme Court hears 300 cases a year.

Question 16

Under our system of justice, courts may issue advisory opinions.

Question 17

Once a case is in the proper court system, venue determines which trial court in the system will hear the case.

Question 18

A person who has the legal right to bring an action in court has standing.

Question 19

In rem jurisdiction references jurisdiction over a person subject to an order of guardianship.

Question 20

A party only has a limited number of challenges for cause in jury selection.

Question 21

Which of the following is true regarding federal jurisdiction?

A) There is no exclusive federal jurisdiction in civil matters.
B) If a case falls within federal jurisdiction, it may not also fall within state jurisdiction.
C) Some cases fall within both federal jurisdiction and state jurisdiction, but there is no exclusive federal court jurisdiction.
D) Some cases fall within both federal jurisdiction and state jurisdiction, but that only occurs in criminal matters.
E) Some cases fall within both federal jurisdiction and state jurisdiction, but the federal court system has exclusive jurisdiction over some cases.

Question 22

A person must be a lawyer in order to serve as an arbitrator.

Question 23

Med-arb is a type of ADR method.

Question 24

Which of the following is typically an appropriate venue in a lawsuit?

A) Only the trial court where the defendant resides.
B) Only the trial court where the plaintiff resides.
C) Only the location where the dispute occurred if the lawsuit focuses on a particular incident.
D) Both the trial court where the defendant resides and the trial court where the plaintiff resides.
E) The trial court where the defendant resides and also the location where the dispute occurred if the lawsuit focuses on a particular incident.

Question 25

An arbitrator is more likely to issue a compromise decision than a judge.

Question 26

Laws which enable a court to serve a defendant outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert jurisdiction are called _____________.

A) Minimum contact statutes
B) Significant contact statutes
C) Long-arm statutes
D) In rem statutes
E) There are no such laws

Question 27

Early neutral case evaluation provides a binding ruling by a neutral.

Question 28

Which of the following is a question of fact?

A) Whether a vehicle ran a traffic light
B) Whether premeditation is necessary for a first degree murder conviction
C) Whether speech is protected by the First Amendment
D) What is necessary for service of process
E) Whether a vehicle ran a traffic light and also what is necessary for service of process

Question 29

Billy knows that he can bring his case against Bob in a state court in Tennessee. He is unsure, however, of which county in which to proceed. Which of the following address the proper county?

A) In personam jurisdiction
B) Venue
C) Subject-matter jurisdiction
D) Diversity jurisdiction
E) Long-arm jurisdiction

Question 30

Courts are generally critical and unsupportive of ADR methods.

Question 31

Over which of the following does the federal court system have exclusive jurisdiction?

A) Admiralty cases and bankruptcy cases, but not federal criminal prosecutions
B) Admiralty cases and federal criminal cases, but not bankruptcy cases.
C) Federal criminal prosecutions and bankruptcy cases, but not admiralty cases.
D) Diversity cases only
E) Admiralty cases, bankruptcy cases, and federal criminal prosecutions

Question 32

For purposes of diversity-of-citizenship, where does a corporation reside?

A) The state of incorporation only.
B) The state in which the corporation has its principal place of business only.
C) Both the state in which the corporation has its principal place of business and the state of incorporation.
D) Any state in which the corporation does business.
E) Any state in which the corporation has done business within the last five years.

Question 33

A defendant in a lawsuit is to be provided by the plaintiff with a copy of the complaint. That process is called _____________.

A) Summons issuance
B) Service of process
C) Service delivery
D) Subpoena delivery
E) In personam service

Question 34

Assume a plaintiff files a case in state court that could also have been filed in federal court. Does the defendant have any choice in the matter?

A) The defendant has no choice, and the case will stay in state court.
B) The defendant can have the case moved to federal court only if federal question jurisdiction is involved.
C) The defendant can have the case moved to federal court only if the state trial court judge grants permission.
D) The defendant can have the case moved to federal court only if the plaintiff's filing expenses in state court are paid by the defendant.
E) The defendant has a right to remove the case to federal court.

Question 35

Adult siblings, John, Sam, and Andy, are in disagreement over how to split the proceeds of a piece of land left to them by a rich uncle who recently died. The uncle was a resident of Georgia, and the land is in Georgia; but neither John, Sam, nor Andy live there. Which of the following is true regarding jurisdiction over the dispute?

A) A court in Georgia would not have jurisdiction. The case would have to be brought in a state in which at least one of the brothers lives.
B) A court in Georgia would have in rem jurisdiction over the dispute.
C) A court in Georgia would have in personam jurisdiction over the dispute.
D) A court in Georgia would have jurisdiction over the dispute only if all brothers signed a consent form agreeing to bring the case in Georgia.
E) A court in Georgia would have original jurisdiction, but appellate jurisdiction would be in a state in which at least one of the brothers lives.

Question 36

Which of the following is needed for diversity-of-citizenship?

A) Only that the plaintiff not reside in the same state as the defendant.
B) Only that the plaintiff reside in the same state as the defendant.
C) Only that the controversy concern an amount in excess of $75,000.
D) Only that the controversy concern an amount in excess of $100,000.
E) Both that the plaintiff and the defendant reside in different states and that the controversy concerns an amount in excess of $75,000.

Question 37

Susan, a resident of Illinois, ran a traffic light while traveling in Michigan and did significant damage to Paul's car. Paul obtains a judgment against her, but Susan has no insurance and no assets except for a farm in Alabama. Which of the following is true?

A) A court in Michigan can exercise in rem jurisdiction over the farm and authorize its sale. Any excess over Paul's amount of damages would go Susan.
B) A court in Illinois can exercise quasi in rem jurisdiction over the farm and authorize its sale. Any excess over Paul's amount of damages would go to Paul for his trouble.
C) A court in Alabama can exercise in rem jurisdiction over the farm and authorize its sale. Any excess over Paul's amount of damages would go Susan.
D) A court in Alabama can exercise quasi in rem jurisdiction over the farm and authorize its sale. Any excess over Paul's amount of damages would go Susan.
E) A court in Alabama can exercise quasi in rem jurisdiction over the farm and authorize its sale. Any excess over Paul's amount of damages would go to Paul for his trouble.

Question 38

Assume you know that Robert has told a lie about a friend of yours, Yolanda. You tell Yolanda that she should sue for defamation, but she has no interest in that. Can you sue on behalf of Yolanda?

A) Yes, so long as you give any money received to Yolanda.
B) Yes, but only if Yolanda signs a permission slip at the court.
C) Yes, but only if the dispute is for an amount under $25,000.
D) No, because there is no venue.
E) No, because you have no standing.

Question 39

Which of the following is true regarding state and federal court jurisdiction?

A) State courts begin with exclusive jurisdiction until a federal court intervenes.
B) In all cases state courts have concurrent jurisdiction with the federal courts.
C) Federal courts begin with exclusive jurisdiction until a state court intervenes.
D) In all cases state courts have exclusive jurisdiction unless the state's supreme court grants jurisdiction to a federal court in the state.
E) In some cases, state courts have exclusive jurisdiction; in some cases, state courts have concurrent jurisdiction with the federal courts; and state courts also have the power to hear all cases not within the exclusive jurisdiction of the federal court system.

Question 40

Which of the following do appellate courts primarily handle?

A) Questions of law
B) Questions of fact
C) Questions of law and fact
D) Cases when they initially enter the legal system
E) Questions of law and fact, and also cases when they initially enter the legal system

Question 41

Which of the following is a type of ADR?

A) Consultation
B) Mediation
C) Case argument
D) Case analysis
E) Focus grouping

Question 42

Which of the following are tools of discovery?

A) Interrogatories
B) Depositions
C) Summary motions
D) Both interrogatories and depositions, but not summary motions
E) Interrogatories, depositions, and summary motions

Question 43

The court may properly grant a _____________ if after reviewing the pleadings, the judge determines that the only reasonable decision is in favor of the moving party.

A) Motion for judgment on the pleadings
B) Motion for summary judgment
C) Motion for sanctions
D) Motion for discovery
E) Motion for production

Question 44

Attorney Candy represents plaintiff Ann who is suing her neighbor for nuisance claiming that the neighbor plays music too late at night. Candy puts Ann on the stand and asks her questions. Candy is involved in which of the following?

A) Direct examination
B) Cross-examination
C) Judicial examination
D) Specific questioning
E) Redirect questioning

Question 45

Which of the following are written questions that one party sends to another to answer under oath?

A) Interrogatories
B) Depositions
C) Inquiries
D) Subpoenas
E) Sworn assertions

Question 46

The _____________ requirement ensures that courts do not render advisory opinions.

A) Moistness
B) Subject-matter jurisdiction
C) Case or controversy
D) In rem
E) In persona

Question 47

How many circuits does the U.C. Courts of Appeal have?

A) 6
B) 50
C) 12
D) 10
E) 13

Question 48

Bob sued Jane over a motor vehicle accident. Bob and Jane settled the case prior to trial for $1,000. The lawsuit is now _____________.

A) Ripe
B) Moot
C) Cased
D) Standed
E) Remanded

Question 49

Which of the following is accurate regarding the speed and cost of ADR?

A) It is usually faster and cheaper.
B) It is usually faster but more expensive.
C) It is usually slower and more expensive.
D) It is usually slower but cheaper.
E) No studies have known, so the answer is unknown.

Question 50

Which of the following is an advantage of mediation?

A) Only that it helps disputing parties preserve their relationships.
B) Only that parties to mediation have a high level of autonomy.
C) Only that the mediator solves the dispute if the parties are unable to do so.
D) It helps disputing parties preserve their relationships, and also parties to mediation have a high level of autonomy.
E) It helps disputing parties preserve their relationships, parties to mediation have a high level of autonomy, and the mediator solves the dispute if the parties are unable to do so.

Question 51

Amber says at trial that Gwen told her that she saw Tom run the traffic light and hit Christy's car. On what basis is Amber's testimony objectionable?

A) It is not objectionable.
B) Hearsay
C) Comprehension
D) Preponderation
E) Familiarity

Question 52

Assuming there are no vacancies, how many U.S. Supreme Court justices are there?

A) 9
B) 5
C) 15
D) 8
E) 7

Question 53

Which of the following is true regarding state courts of appeal?

A) States only have an intermediate court of appeals if there is no state supreme court.
B) In states that do not have an intermediate court of appeal, appeals go to the federal court of appeals.
C) In states that do not have an intermediate court of appeal, there is no right of appeal to any court.
D) All states in this country have intermediate courts of appeal.
E) Not all states have intermediate courts of appeal; and in those states, appeals go to the state court of last resort.

Question 54

Which of the following is an extension of negotiation?

A) Arbitration
B) Initials
C) Neutral case evaluations
D) Mediation
E) Private trials

Question 55

Which of the following is true of the Supreme Court in Japan?

A) The Japanese system utilizes a well developed jury system.
B) The Japanese discovery process is similar to that in the U.S.
C) The Japanese legal system has a distinct pretrial stage.
D) At the first meeting between the parties, discovery is conducted.
E) None of these

Question 56

What are the trial courts in the federal court system called?

A) U.S. district courts
B) U.S. circuit courts
C) Federal circuit courts
D) Federal jurisdictional courts
E) Preemptory courts

Question 57

Billy, a witness to a motor vehicle accident, is gravely ill with cancer. Pat, who was injured in the accident, would like to preserve his testimony for trial in case he dies before the trial date. What should Pat do?

A) Send interrogatories to Billy.
B) Take Billy's deposition.
C) Send a request to admit to Billy that the accident was the defendant's fault.
D) Have a conference with the judge and Billy.
E) There is nothing she can do.

Question 58

A defendant uses a[n] _____________ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.

A) Secondary answer
B) Pleading defense
C) Affirmative defense
D) Formal answer
E) Personam answer

Question 59

A _____________ is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint and the plaintiff's complaint alleges facts that would support such a judgment.

A) Default judgment
B) Automatic judgment
C) Delineated response judgment
D) Dismissal
E) Pleading judgment

Question 60

At a[n] _____________ attorneys examine a witness under oath with a court reporter present.

A) Deposition
B) Interrogatory
C) Inquiry
D) Pre-trial conference
E) Pre-trial mediation

Question 61

Which of the following are reasons that an arbitration award may be set aside under the Federal Arbitration Act?

A) The arbitrator failed to make a final and definite award.
B) The award was the basis of fraud.
C) The arbitrator displayed bias.
D) The arbitrator failed to make a final and definite award, the award was the basis of fraud, or the arbitrator displayed bias.
E) None of these. There is no Federal Arbitration Act.

Question 62

Reference - Revenge. Jane, a first year law student, while walking to school in inclement weather, accidentally slipped on ice knocking down Greg, another first year law student, breaking his glasses. He was very angry with Jane and let the air out of one of her car tires. Greg also decided to sue Jane for negligence, claiming as damages $300 for his broken glasses. He decided that he already knew all about the law and did not need a lawyer. Greg sued Jane in state court. Jane, in the same lawsuit, brought an action against Greg for letting the air out of her tire. At trial in state court, Jane told the judge that a friend, Susie, told her that she saw Greg let the air out of Jane's tire. The judge disallowed Jane's testimony on that issue. Susie, however, who was in the courtroom also came and testified to that effect. The state court judge ruled in favor of Susie. Greg said that he was not giving up and that he would seek double damages on appeal in federal court. Jane and Greg live in different states when not attending school. After trial, Jane reported Greg's actions in letting the air out of her tire to the police who said that they would proceed with a criminal action against Greg. Jane's action against Greg for the tire is called a[n] _____________.

A) Counterclaim
B) Cross-Claim
C) Third party claim
D) Discovery claim
E) Service claim

Question 63

Reference - Puppy Woes. Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out of the deal. Linda sued Sam in state court for breach of contract. Linda asked for a jury in her complaint. During jury selection, one juror, Ann, said that they did not think they could be fair to Linda because Linda did not appear to be a dog lover. Linda asked that Ann not hear the case, and the judge excused Ann. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so she asked the judge to excuse that juror from serving. The judge did so. After the jury was chosen, Linda made a statement to the jury as did Sam. Linda then called to the witness stand a friend of hers, Brenda, who heard the discussion held between Linda and Sam regarding the purchase of the puppy. Brenda testified under questioning by Linda that she heard Linda say that she would pay $300 for the puppy and that she also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brenda also testified in response to questioning by Sam that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with the money for ten days and Sam had already sold the dog to someone else. The judge ruled in favor of Sam. In choosing the jury, Linda and Sam were engaged in _____________.

A) Voir dire
B) Jury analysis
C) Jury review
D) Ven dere
E) Shadowing

Question 64

What type of dispute resolution process is med-arb?

A) A process in which the parties agree to start out in mediation and, if the mediation is unsuccessful on one or more points, to move on to arbitration.
B) A process in which the parties agree to start out in arbitration and, if the arbitration is unsuccessful on one or more points, move on to court-annexed ADR.
C) A process in which the parties agree to start in mediation and move to litigation if the mediation is unsuccessful.
D) A process in which the parties agree to start in arbitration and move to litigation if the mediation is unsuccessful.
E) None of these are contained within the umbrella of med-arb.

Question 65

Reference - Puppy Woes. Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out of the deal. Linda sued Sam in state court for breach of contract. Linda asked for a jury in her complaint. During jury selection, one juror, Ann, said that they did not think they could be fair to Linda because Linda did not appear to be a dog lover. Linda asked that Ann not hear the case, and the judge excused Ann. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so she asked the judge to excuse that juror from serving. The judge did so. After the jury was chosen, Linda made a statement to the jury as did Sam. Linda then called to the witness stand a friend of hers, Brenda, who heard the discussion held between Linda and Sam regarding the purchase of the puppy. Brenda testified under questioning by Linda that she heard Linda say that she would pay $300 for the puppy and that she also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brenda also testified in response to questioning by Sam that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with the money for ten days and Sam had already sold the dog to someone else. The judge ruled in favor of Sam. The challenge to the juror who said that they could not be fair is referred to as a[n]

A) Peremptory challenge
B) Challenge for cause
C) Stipulated challenge
D) Fairness challenge
E) Approved challenge

Question 66

What is a summary jury trial?

A) An abbreviated trial that leads to a nonbinding jury verdict.
B) An unabbreviated trial that leads to a binding jury verdict.
C) An unabbreviated trial that leads to a nonbinding jury verdict.
D) An abbreviated trial in which only a few witnesses are called to the stand.
E) Both an abbreviated trial that leads to a nonbinding jury verdict and an abbreviated trial in which only a few witnesses are called to the stand.

Question 67

Which of the following is[are] positive about arbitration?

A) Arbitrators are assigned so parties do not have to pick them.
B) Arbitration is less expensive generally than litigation.
C) Arbitrators are bound by the same rules as judges in applying precedent.
D) Arbitrators are assigned so parties do not have to pick them, and arbitration is generally less expensive than litigation.
E) Arbitrators are assigned so parties do not have to pick them, arbitration is generally less expensive than litigation, and arbitrators are bound by the same rules as judges in applying precedent.

Question 68

In which of the following do parties select a neutral third party and explain their respective positions to the neutral, who then evaluates the strengths and weaknesses of the case?

A) Summary jury trial
B) Minitrial
C) Early neutral case evaluation
D) Private trials
E) Neutral submission

Question 69

Which of the following did the U.S. Supreme Court rule in Hertz Corp. v. Friend as the appropriate test for determining a corporation's principle place of business for purposes of diversity jurisdiction?

A) The "predominance of business" activity test
B) The "nerve center" test
C) The "general business activities" test
D) The "primary business" test
E) The "profit maximization" test

Question 70

Reference - Puppy Woes. Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out of the deal. Linda sued Sam in state court for breach of contract. Linda asked for a jury in her complaint. During jury selection, one juror, Ann, said that they did not think they could be fair to Linda because Linda did not appear to be a dog lover. Linda asked that Ann not hear the case, and the judge excused Ann. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so she asked the judge to excuse that juror from serving. The judge did so. After the jury was chosen, Linda made a statement to the jury as did Sam. Linda then called to the witness stand a friend of hers, Brenda, who heard the discussion held between Linda and Sam regarding the purchase of the puppy. Brenda testified under questioning by Linda that she heard Linda say that she would pay $300 for the puppy and that she also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brenda also testified in response to questioning by Sam that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with the money for ten days and Sam had already sold the dog to someone else. The judge ruled in favor of Sam. The statements made to the jury by Linda and Sam immediately after the jury was chosen were _____________.

A) Direct statements
B) Closing statements
C) Jury statements
D) Influential statements
E) Opening statements

Question 71

What is a provision in a contract mandating that all disputes arising under the contract be settled by arbitration called?

A) A binding arbitration clause
B) A submission agreement
C) A suggested arbitration section
D) A nonbinding ADR section
E) A binding mediatory clause

Question 72

Reference - Supreme Court. Jim, who is a bit eccentric, says that he is fed up with the way a certain employer in his town treats employees and that he is going to sue that employer in an effort to improve matters. Jim also says that he is going to start his case at the appellate court level, skipping over all those "lesser" judges. Jim says that those justices will surely hear him out and that he will also seek a jury. Although he is not a lawyer, Jim believes that the offenses of the employer are so severe that the justices will appreciate his attempt to make things better for the employees involved. Regardless of what court is involved, can Jim act as plaintiff for the employees?

A) Yes, so long as he gets permission slips from them.
B) Yes, so long as they file no objection.
C) Yes, so long as he gives any money he receives to them.
D) No, because he lacks standing.
E) No, because venue is lacking.

Question 73

Reference - Puppy Woes. Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out of the deal. Linda sued Sam in state court for breach of contract. Linda asked for a jury in her complaint. During jury selection, one juror, Ann, said that they did not think they could be fair to Linda because Linda did not appear to be a dog lover. Linda asked that Ann not hear the case, and the judge excused Ann. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so she asked the judge to excuse that juror from serving. The judge did so. After the jury was chosen, Linda made a statement to the jury as did Sam. Linda then called to the witness stand a friend of hers, Brenda, who heard the discussion held between Linda and Sam regarding the purchase of the puppy. Brenda testified under questioning by Linda that she heard Linda say that she would pay $300 for the puppy and that she also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brenda also testified in response to questioning by Sam that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with the money for ten days and Sam had already sold the dog to someone else. The judge ruled in favor of Sam. The challenge to the juror who seemed grumpy is referred to as a[n]

A) Peremptory challenge
B) Challenge for cause
C) Stipulated challenge
D) Fairness challenge
E) Approved challenge

Question 74

Which of the following is an ADR method in which a referee is selected and paid by the disputing parties to offer a legally binding judgment in a dispute?

A) Summary jury trial
B) Minitrial
C) Early neutral case evaluation
D) Private trials
E) Neutral submission

Question 75

Which of the following is the supreme court of appeal in England?

A) The House of Lords
B) The Crown Court
C) The Supreme Court
D) The High Court
E) The Queen's Bench

Question 76

When is an arbitrator's decision called an "award"?

A) Always
B) Only if one party completely wins and there is no split decision.
C) Never
D) Only if a money award is involved
E) Only if both parties had lawyers. That terminology makes it easier for the lawyers to be paid.

Question 77

Reference - Revenge. Jane, a first year law student, while walking to school in inclement weather, accidentally slipped on ice knocking down Greg, another first year law student, breaking his glasses. He was very angry with Jane and let the air out of one of her car tires. Greg also decided to sue Jane for negligence, claiming as damages $300 for his broken glasses. He decided that he already knew all about the law and did not need a lawyer. Greg sued Jane in state court. Jane, in the same lawsuit, brought an action against Greg for letting the air out of her tire. At trial in state court, Jane told the judge that a friend, Susie, told her that she saw Greg let the air out of Jane's tire. The judge disallowed Jane's testimony on that issue. Susie, however, who was in the courtroom also came and testified to that effect. The state court judge ruled in favor of Susie. Greg said that he was not giving up and that he would seek double damages on appeal in federal court. Jane and Greg live in different states when not attending school. After trial, Jane reported Greg's actions in letting the air out of her tire to the police who said that they would proceed with a criminal action against Greg. Greg goes to see Alex, a recent graduate who had just passed the bar, and asked Alex to represent him in a federal court appeal. What advice should Alex give to Greg regarding an appeal filed in federal court?

A) He should tell Greg that a federal appeal looks promising and that he will be glad to represent Greg for an hourly rate of $400.
B) He should tell Greg that the federal appeal looks good only if Greg can get Jane to admit she was negligent.
C) He should tell Greg that the federal appeal looks good only if Susie does not come to testify in person.
D) He should tell Greg that the federal appeal is not possible unless Greg first gets the trial court judge to certify the case to federal court.
E) He should tell Greg to forget about a federal court appeal because an appeal from a state trial court would not be transferred to federal court.

Question 78

Reference - Puppy Woes. Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out of the deal. Linda sued Sam in state court for breach of contract. Linda asked for a jury in her complaint. During jury selection, one juror, Ann, said that they did not think they could be fair to Linda because Linda did not appear to be a dog lover. Linda asked that Ann not hear the case, and the judge excused Ann. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so she asked the judge to excuse that juror from serving. The judge did so. After the jury was chosen, Linda made a statement to the jury as did Sam. Linda then called to the witness stand a friend of hers, Brenda, who heard the discussion held between Linda and Sam regarding the purchase of the puppy. Brenda testified under questioning by Linda that she heard Linda say that she would pay $300 for the puppy and that she also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brenda also testified in response to questioning by Sam that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with the money for ten days and Sam had already sold the dog to someone else. The judge ruled in favor of Sam. The questioning of Brenda by Sam is called _____________.

A) Counter-examination
B) Analysis examination
C) Trick examination
D) Direct examination
E) Cross-examination

Question 79

Reference - Revenge. Jane, a first year law student, while walking to school in inclement weather, accidentally slipped on ice knocking down Greg, another first year law student, breaking his glasses. He was very angry with Jane and let the air out of one of her car tires. Greg also decided to sue Jane for negligence, claiming as damages $300 for his broken glasses. He decided that he already knew all about the law and did not need a lawyer. Greg sued Jane in state court. Jane, in the same lawsuit, brought an action against Greg for letting the air out of her tire. At trial in state court, Jane told the judge that a friend, Susie, told her that she saw Greg let the air out of Jane's tire. The judge disallowed Jane's testimony on that issue. Susie, however, who was in the courtroom also came and testified to that effect. The state court judge ruled in favor of Susie. Greg said that he was not giving up and that he would seek double damages on appeal in federal court. Jane and Greg live in different states when not attending school. After trial, Jane reported Greg's actions in letting the air out of her tire to the police who said that they would proceed with a criminal action against Greg. Was the judge correct in disallowing Jane's testimony regarding what Susie told her about the tire?

A) No, the judge was wrong and should have considered that testimony.
B) Yes, the judge was correct to disallow the testimony because it involved a possible criminal action.
C) Yes, the judge was correct to disallow the testimony because it was hearsay.
D) Yes, the judge was correct to disallow the testimony because Susie's testimony was better evidence and she was in the courtroom.
E) Yes, the judge was correct to disallow the testimony because it was offered by a defendant, not an independent witness.

Question 80

The arbitrator typically provides a decision within ___________ days of an arbitration hearing.

A) 10
B) 25
C) 30
D) 90
E) 120