BLR 202WI TEST 2A

QUESTION 1

1. The purpose of constitutional law is to tell the government how it should operate.

True

False

2 points

QUESTION 2

1. The state legislature of the state of Michigan can pass any law it wants to unless that law violates Michigan or US constitutional law.

True

False

1 points

QUESTION 3

1. US Congress can pass any law it wants as long as that law does not violate the US Constitution.

True

False

2 points

QUESTION 4

1. Issues 2A: If the parties are not arguing about something, it is not an issue.

True

False

1 points

QUESTION 5

1. Issues 2B: When reading a passage the author will always clearly say something like “This is the issue” the reader does not have to try to figure out what the issue is.

True

False

1 points

QUESTION 6

1. Issues 2C: The author of a legal argument usually just tells you what law they are using, they do not say “The legal issue here is: What law applies? In my opinion the law that applies is _____________.”

True

False

1 points

QUESTION 7

1. Evidence 2ETF:Taryn says that Werner failed to stop at a stop sign and hit her as she drove through it. Werner says Taryn failed to stop at the stop sign and hit him as he drove through it. Taryn’s evidence that Werner failed to stop at the stop sign is her testimony.

True

False

1 points

QUESTION 8

1. Government 2FTF: Justin files his case involving California state law in a California state court. The matter is appealed all the way to the California Supreme Court and he still loses. He could appeal the case to the United States Supreme Court.

True

False

1 points

QUESTION 9

1. Government 2GTF: Property law is primarily a matter of state law.

True

False

1 points

QUESTION 10

1. Government 2HTF: Property law is primarily a matter of federal law.

True

False

1 points

QUESTION 11

1. Wk02.Legal Writing 06.New and unusual words are capped.

True

False

1 points

QUESTION 12

1. Wk02. Legal Writing 08. In order to qualify as a legal argument, the argument must answer the legal issue, “What law applies?”

True

False

1 points

QUESTION 13

1. Which of the following words should you not use in this class?

a. but

b. so

c. criminal

d. therefore

1 points (Extra Credit)

QUESTION 14

1. Legal standards of behavior come into existence....

a. by peer pressure.

b. through majority voting.

c. by majority rule.

d. through governmental processes.

1 points

QUESTION 15

1. Negotiation is most like which of the following procedures:

a. Arbitration

b. Trial

c. Discovery

d. Mediation

e. b and c

1 points

QUESTION 16

1. Mediation is most like which of the following procedures:

a. Trial

b. Negotiation

c. Arbitration

d. Discovery

1 points

QUESTION 17

1. In the following scenario, what type of dispute resolution is occurring?

Party A, Party B and Party C sit down at a table. Party A and Party B discuss a problem they have with a contract between them. Both parties mention problems and dissatisfactions they have with the other. The discussion gets a bit heated. Party C separates Party A and Party B and puts them in separate rooms, then discusses the problem with each Party separately. Party B proposes a solution which Party C takes to Party A. Party A accepts and a mutually satisfactory solution to the problem is reached.

a. arbitration

b. negotiation

c. mediation

d. litigation

1 points (Extra Credit)

QUESTION 18

1. Transit Corporation and Britt Cho entered into a contract for the sale of a tractor. Transit Corporation delivered a defective tractor and Cho sued claiming the contract had been breached.

This is a _____________ lawsuit.

a. tort

b. civil

c. federal

d. criminal

1 points

QUESTION 19

1. Which of the following statements is true?

a. Appeal courts review all laws passed by the legislature.

b. The purpose of an appeal court is to determine if the trial judge made an error of law.

c. It is not the purpose of an appeal court to retry the case or determine if the jury made a mistake in their verdict.

d. If a party is not satisfied with the decision of the jury, they may appeal that decision to the appeal court which will review the evidence to determine if the jury was correct.

e. both b and c are correct.

1 points

QUESTION 20

1.

The word that goes in the blank in Box D is:

a. motion

b. petition

c. hearing

d. discovery

e. complaint

1 points

QUESTION 21

1. It is important to prepare well for trial, rather than depend on appeal because...

a. the appellate court will only determine issues of law.

b. the appeal court will generally only determine if the trial judge made an error or not.

c. all issues of fact decided by the jury will be accepted by the appeal court.

d. all of the above.

1 points

QUESTION 22

1. What happens at a deposition?

a. Both c and d are correct.

b. The appeal court reviews the record of the trial and listens to the arguments of the attorneys and decides if the trial judge has made an error.

c. The parties exchange documents and have the right to copy documents produced by the opposing side.

d. The administrative agency makes a determination of the issue, however, administrative agency decisions can be appealed to a court.

e. The attorneys question potential witnesses before a court reporter who records the testimony.

1 points

QUESTION 23

1. Interrogatories are _____________________.

a. written questions sent to a party.

b. requests for documents.

c. instructions given to the jury.

d. another name for a deposition.

1 points

QUESTION 24

1. What is the lawyer's job at trial?

a. All of the above.

b. To research the law.

c. To decide the issues of fact.

d. To create legal reality.

1 points (Extra Credit)

QUESTION 25

1. A contract or negligence case is filed in a Michigan court. One party loses at every level, including at the MI Supreme Court.

Can the losing party appeal anyplace else?

a. No

b. Yes - the federal appeals court.

c. To an administrative agency.

d. Yes - the US Supreme Court

1 points

QUESTION 26

1. Mr. Waters goes to see his lawyer for advice. His neighbor, Mr. Shrimp, has been dumping refuse into Mr. Water's pond which the Waters' children use for wading.

The best advice the lawyer can give Mr. Waters in this situation is:

a. Waters has no cause of action against the neighbor.

b. Waters should sue for an injunction.

c. Waters should sue the neighbor for a decree of specific performance.

d. Waters' only remedy would be money damages.