NCSU MIE 305 Exam 1 (Chapters 1-3) Questions and Correct
Answers
Question 1
What is the fifth step in civil procedure?
Correct Answer
TRIAL- Plaintiff first, Defendant second. At the conclusion of your opponent's case, you have another chance to make a
dispositive motion to end the proceeding
Question 2
In personam jurisdiction
Correct Answer
Court jurisdiction over the "person" involved in a legal action; personal jurisdiction.
Question 3
venire
Correct Answer
A panel of prospective jurors. A jury is eventually chosen from the venire.
Page 1 of 35
,Question 4
answer
Correct Answer
Procedurally, a defendant's response to the plaintiff's complaint.
Question 5
What is the importance of a Business Law course in a business/management curriculum, and/or the importance of knowing
something about it to a businessperson?
Correct Answer
The law is important to modern business. The history of business reveals the prominence of law. Educators today
emphasize the role of law in preparing tomorrow's business leaders.
Question 6
What is the sixth step in civil procedure?
Correct Answer
VERDICT-either directed by the court as a matter of law, or returned by the jury. The loser will then have several options:
Question 7
What are the elements of mootness?
Correct Answer
(1) justiciable case or controversy at time of filing, but
(2) events occurring after the filing have deprived the litigant of an ongoing stake in the controversy.
Page 2 of 35
,Question 8
What is the fourth step in civil procedure?
Correct Answer
Jury Selection- if required; in many states, you're not guaranteed a jury trial for civil matters (and never in small claims
courts).
A venlre is empaneled; voir dire occurs. As a result, parties may use peremptory challenges to strike venirepersons from
the final jury.
Question 9
summons
Correct Answer
a notice directing someone to appear in court to answer a complaint or a charge
Question 10
What is equity?
Correct Answer
A branch of law that developed alongside common law and is concerned with fairness and justice, formerly administered
in special courts
Page 3 of 35
, Question 11
What is the significance of Llewelyn and Hoebel's The Cheyenne Way?
Correct Answer
They used a rich oral history to transmit the rules from generation to generation, there was no need to write the rules
down or put them in reference books anywhere.
Question 12
res judicata
Correct Answer
A court of competent jurisdiction has decided a controversy and has, in a written opinion, set forth the rule or principle
that formed the basis for its decision; thus that rule or principle will be followed by the court in deciding subsequent
cases involving the same issues.
Question 13
Difference between jurisdiction and venue
Correct Answer
"Jurisdiction" means that a court has the power to exercise authority over all persons and things within its territory. ...
"Venue" is the geographical location of a particular court
Page 4 of 35
Answers
Question 1
What is the fifth step in civil procedure?
Correct Answer
TRIAL- Plaintiff first, Defendant second. At the conclusion of your opponent's case, you have another chance to make a
dispositive motion to end the proceeding
Question 2
In personam jurisdiction
Correct Answer
Court jurisdiction over the "person" involved in a legal action; personal jurisdiction.
Question 3
venire
Correct Answer
A panel of prospective jurors. A jury is eventually chosen from the venire.
Page 1 of 35
,Question 4
answer
Correct Answer
Procedurally, a defendant's response to the plaintiff's complaint.
Question 5
What is the importance of a Business Law course in a business/management curriculum, and/or the importance of knowing
something about it to a businessperson?
Correct Answer
The law is important to modern business. The history of business reveals the prominence of law. Educators today
emphasize the role of law in preparing tomorrow's business leaders.
Question 6
What is the sixth step in civil procedure?
Correct Answer
VERDICT-either directed by the court as a matter of law, or returned by the jury. The loser will then have several options:
Question 7
What are the elements of mootness?
Correct Answer
(1) justiciable case or controversy at time of filing, but
(2) events occurring after the filing have deprived the litigant of an ongoing stake in the controversy.
Page 2 of 35
,Question 8
What is the fourth step in civil procedure?
Correct Answer
Jury Selection- if required; in many states, you're not guaranteed a jury trial for civil matters (and never in small claims
courts).
A venlre is empaneled; voir dire occurs. As a result, parties may use peremptory challenges to strike venirepersons from
the final jury.
Question 9
summons
Correct Answer
a notice directing someone to appear in court to answer a complaint or a charge
Question 10
What is equity?
Correct Answer
A branch of law that developed alongside common law and is concerned with fairness and justice, formerly administered
in special courts
Page 3 of 35
, Question 11
What is the significance of Llewelyn and Hoebel's The Cheyenne Way?
Correct Answer
They used a rich oral history to transmit the rules from generation to generation, there was no need to write the rules
down or put them in reference books anywhere.
Question 12
res judicata
Correct Answer
A court of competent jurisdiction has decided a controversy and has, in a written opinion, set forth the rule or principle
that formed the basis for its decision; thus that rule or principle will be followed by the court in deciding subsequent
cases involving the same issues.
Question 13
Difference between jurisdiction and venue
Correct Answer
"Jurisdiction" means that a court has the power to exercise authority over all persons and things within its territory. ...
"Venue" is the geographical location of a particular court
Page 4 of 35
