Early Assessment Questions

 
Uniform laws such as uniform code become state laws if
Commissioner on uniform law think it’s a good idea
State court judge adopt the law
Uniform law is passed by state legislative body
True or False: Constitution expressly authorizes the president to enact statutes by executive
order when Congress fails to act.
False
True or False: Executive orders are typically issued to implement an existing statute and
accordingly can be nullified by congress through an appeal or revision.
True
Federal intermediate court of appeals includes which of the following:
11 multi state jurisdictions
1 court that hears appeals for
1 court that hears appeals on specific subjects known as
All of the Above
The authority to enter into a treaty with a foreign nation
Shared between federal and state government
Granted into the constitution to the speaker
Granted to the secretary of state
Granted to the president with consent of the senate
Article 3 Sec. 1, What does it say? (IMPORTANT)
        Sets up ONE supreme court and gives congress the power to create new courts
The principle of applying precedence by the courts, what’s it called?
        Stare Decisis
If the court has the power and authority to hear a case and decide which person wins, they have
Jurisdiction
If a court can only hear cases about the assets of a person after their death, this court has
Limited jurisdiction
 When a person living in Michigan has had significant interaction with a resident of Ohio in a
contract, Ohio could claim jurisdiction over the Michigan Resident through what statute?
Long-arm Statute
Marbury v. Madison established the rule that the Judicial Branch can determine when the other
branches are acting unconstitutionally. What is this called?
Judicial Review
True or False: Several courts can have jurisdiction over a case. Deciding where the trial will be
held is an issue of venue.
True
Having a sufficient stake in the case is
Standing to Sue
 
 
 
 
Exam Questions: Given After Feb. 6
To establish diversity of citizenship for a federal court case one must:
Citizenship must be different between plaintiff and defendant
Must be $75,000 in controversy 
For the purposes of the diversity of citizenship, corporations are citizens of:
 State of incorporation
Primary place of business
True or False: Under the rules of the U.S. Supreme court a writ of cert can only be granted with
a majority vote, 5 of 9 judges
False
If a Justice of the US Supreme court disagrees with both the reason and the decision rendered
by the court, what kind of opinion does he write?
Dissenting
Plaintiff files a lawsuit against defendant claiming they owe money. The claim was filed properly
but the defendant fails to respond by the due date. What relief does the plaintiff receive?
Default
Plaintiff has brought a claim that the defendant owes her money. When the defendant responds
he claims she owes him money. What kind of response is this?
Counter claim
Bart files a claim against Sam. Sam claims that it happened so long ago that it cannot be tried.
What is this?
Statute of Limitations
Which of the following is a pleading?
Complaints
Paula was seriously injured in an accident caused by David. Paula sued David in Wayne county
court. Case evaluation offered $500,000. Paula declined; David accepted. After trial, the jury
verdict was also $500,000 for Paula. Which of the following is true?
Paula is liable to David for his costs after the case eval
Ellen files a case in federal court and asks for a decision to be made without trial. There is no
determination of material fact and she is entitled to judgment as matter of law. What motion is
this?
Motion for Summary Judgment

Process of selecting a jury is called what? Voir Dire

If an attorney senses animosity in the body language of a juror, she can assure the juror will not
be used through what?

Peremptory challenge
In most civil cases, the plaintiff is required to prove their case by what?
Preponderance of evidence
Bill is the plaintiff and he gets called as a witness and his council gives him a thorough
examination. Which of the following is correct?
Cross examination cannot exceed the scope of the direct 
At the conclusion of the trial, Wilbur is upset with the outcome. Wilbur can file which motion?
Motion for Judgement notwithstanding
Motion for new trial
Shays’ Rebellion in Massachusetts was to….
 Stop the abuse of taxes
True or false: The constitution purpose was so broadly popular that 13 states ratified it in 3
months?
 False
An example of Full Faith & Credit Clause is a 
Marriage license
The document that establish the form of government
Constitution of the United States
True or false: The United States Constitution difference from the Article of Confederation
True
True or false: Articles of confederation required unanimous decision
True
True false: Articles of Confederation did not levy for federal taxes
 True
The name for the first 10 amendments
Bill of Rights
Which amendment provides that the powers are not delegated to the united states of the
constitution?
The 10 amendment
th