AAERT STANDARD EXAMS ANSWERS AND QUESTIONS SET A.pdf

AAERT STANDARD EXAMS ANSWERS AND
QUESTIONS SET A+
✔✔Which of the following is not one of the ways court opinions are cited?
Sample citation: Smith v. Thomas, 146 U.S. 782 (2011)

A: Year case was filed
B: Case name
C: Page number
D: Year of decision
E: Volume number
F: Court's name - ✔✔A: Year case was filed

✔✔Fill in the blank:
Common law is considered a ______.

A: obvious law
B: statutory law
C: judge-made law - ✔✔C: judge-made law

✔✔Fill in the blanks:

After deliberation, the jury gave the judge their final ______.
At the conclusion of the non-jury trial, the judge made their final _______.
After the defense attorney objected, the judge _______ to sustain the question. -
✔✔After deliberation, the jury gave the judge their final [VERDICT].
At the conclusion of the non-jury trial, the judge made their final [JUDGMENT].
After the defense attorney objected, the judge [RULES] to sustain the question.

✔✔The phrase "fed third" stands for the third set of federal volumes. It should be
transcribed as:

A: F.3d
B: F.2d

,C: 3d.F
D: 3.Fd - ✔✔A: F.3d

✔✔Fill in the blank:
Judge-made laws, known as _______ law, are laws that have developed from
judgments handed down in court. - ✔✔Judge-made laws, known as [COMMON] law,
are laws that have developed from judgments handed down in court.

✔✔Why does an attorney reference case law?

A: To use past decisions to show why their point is correct.
B: To cite precedent.
C: To win an argument in court.
D: All of the above. - ✔✔D: All of the above.

✔✔Regarding case law, _______ influence(s) future decisions?

A: the current President
B: the media
C: past decisions
D: Congress - ✔✔C: past decisions

✔✔True or False?
All courts must follow the law exactly, no matter how unreasonable or unfair the result. -
✔✔False

✔✔True or False?
Statutory laws are limited to federal laws. - ✔✔False

✔✔How are each type of law derived?
Tradition ----->
Legislature ----->
Prior Court Rulings ----->

Case Law
Statutory Law
Common Law - ✔✔Tradition -----> Common Law
Legislature -----> Statutory Law
Prior Court Rulings -----> Case Law

✔✔Which is the correct style for a citation in the United States Code?

A: U.S.C. 27 3423(a)(1(B)
B: 27 U.S.C. 3423(a)(1)(B)

, C: 27 3423(a)(1(B) U.S.C.
D: 27 (a)(1)(B)3423 U.S.C. - ✔✔B: 27 U.S.C. 3423(a)(1)(B)

✔✔ORDER THE LIFE CYCLE OF A CASE FROM LEFT TO RIGHT

Pleadings
Discovery
Appeal
Trial
Complaint - ✔✔COMPLAINT -> PLEADINGS -> DISCOVERY -> TRIAL -> APPEAL

✔✔TYPE OF WITNESS MATCH

___________ - Provides facts and/or opinions about the case
___________ - Fact witness that may not give an opinion
___________ - Speaks as to person's tendencies and personality
___________ - Testifies about something they observed

Percipient Witness
Character Witness
Lay Witness
Expert Witness - ✔✔EXPERT WITNESS - Provides facts and/or opinions about the
case
LAY WITNESS - Fact witness that may not give an opinion
CHARACTER WITNESS - Speaks as to a person's tendencies and personality
PERCIPIENT WITNESS - Testifies about something they observed

✔✔True or False?
Parties never exchange documents, so it is a secret what information you have when
you go to trial. - ✔✔False

✔✔TYPE OF WITNESS MATCH

Types of witnesses:
Lay ------>
Expert ------>
Character ------>

fact witness about the case
fact and opinion witness on a specific topic
testifies on if someone is a good person - ✔✔LAY WITNESS ----> FACT WITNESS
ABOUT THE CASE
EXPERT WITNESS ----> FACT AND OPINION WITNESS ON A SPECIFIC TOPIC
CHARACTER WITNESS ----> TESTIFIES ON IF SOMEONE IS A GOOD PERSON