1) James, a resident of Oregon claims ownership of a warehouse in Washington. A dispute...

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Finance

1)

James, a resident of Oregon claims ownership of a warehouse in Washington. A dispute arises because Susan, a resident of Idaho also claims ownership of the land where the warehouse sits. Susan files a lawsuit in Washington against James to determine who really owns the land and warehouse. The Washington courts can hear this dispute because:

Indiana has personal jurisdiction over the parties.

Diversity jurisdiction over the parties

in rem jurisdiction over the property

no jurisdiction

2)

Alternative dispute resolution (ADR) is often preferable to litigation because:

It is usually less expensive

It is usually faster

the proceedings and results can be kept private

All of the above

None of the above

3)The purpose of criminal law is:

To punish behavior society considers to be a threat

Compensate injured parties

Provide plots for new movies and TV shows

Rehabilitate people with personality disorders

4) The purpose of Civil Law is to:

Punish criminal behavior

Resolve disputes and compensate injured parties

Keep judges employed

Rehabilitate people with personality disorders.

5)

Inferior Company sells products that are poorly made. Ellen is outraged at the poor quality of their products, and even though she has never bought a product made by Inferior Company she sues them in Court alleging that the products are defective. Inferior Company's best defense is to allege that Ellen does not have ___________ to bring the lawsuit.

venue

standing

jurisdiction

stare decisis

6) Regulations can be challenged as invalid in the Courts if the Plaintiff believes the agency that created the regulations:

Acted with ultra vires

Did not comply with the Administrative Procedures Act (APA)

Exceeded the authority given to the Agency by Congress

All of the above

None of the above.

7) Voir Dire is the process of presenting evidence at trial.

True

False

8) Which of the following categories of laws is not created by elected officials?

Statutes

Ordinances

Executive Orders

Regulations

9) Federalism means:

A government is subject to a written constitution

Power is split among equal branches of government

Power is split between a Central government and State governments

The President is above the law.

10) Illinois enacts a statute that violates the U.S. Constitution. This statute is valid:

Only within the state of Illinois

Only by the Federal Government

It is not valid or enforceable

Only if it is also part of the state's police powers.

11)Mary lost her civil lawsuit at trial. She has appealed the decision to the Court of Appeals. The Appeals Court will:

Refuse to hear the appeal because they do not have to hear an appeal if they do not want to.

Give Mary a new trial in the Appeals Court

Hear the case but only if she pays the Judges enough money

Review the trial transcript and briefs of the parties to detemine whether the trial was fair and proper.

12) David serves a Summons and Complaint on Robert. Once served Robert can do which of the following

Prepare an Answer to the Complaint

File a Cross Complaint against the Plaintiff

Prepare a Demurrer or Motion to Dismiss

Any of the above

None of the above

13) Sally and Tom disagree over the amount of money due under their contract. In order to avoid any third party to resolve their dispute, they might decide to resolve the dispute through

Litigation

Arbitration

Mediation

14) The State of Wyoming regulates private activities to protect or promote public health, safety, welfare, or morals under its _______________.

police powers

commissioner powers

supremacy powers

abaraxic powers

15)Congress can only spend money on things specifically enumerated in the Constitution.

True

False

16)Evan files a lawsuit against the State of Kansas claiming that a Kansas law violates the Commerce Clause of the U.S. Constitution. The Court will agree and invalidate the Kansas law if they find that the statute:

regulates private activities

imposes a substantial burden on interstate commerce

Regulates commerce strictly within the State of Kansas

promotes to any extent the health or general welfare of Kansas residents.

17)State governments retain all powers not specifically granted to the central government in the Constitution.

True

False

18)The State of Vermont can reserve fishing licenses for residents born in Vermont and refuse the right to fish for residents of all other states under:

The privileges and immunities clause of the U.S. ConstitutionTrue

The Full Faith and Credit clause of the U.S. ConstitutionFalse

The equal protection clause of the U.S. Constitution

All of the above

None of the above

19)If Congress passes a statute that is vetoed by the President, Congress can:

Override the veto if both houses pass the statute with a 2/3 majority

Override the veto with a simple majority if they do it three times

Impeach the President with a simple majority of the Senate

Appeal to the Supreme Court to overrride the Presidential veto.

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