LAW 3220 FINAL EXAM QUESTIONS AND
ANSWERS VERIFIED 100% CORRECT
federal courts have the judicial power to hear cases involving - ANSWER -all of
the choices are correct (case involving US internal revenue code, dispute between
citizens of 2 diff states and amount is above $75,000, case involving a treaty
between the US and canada, dispute between a US citizen and foreigner with
amount over $75,000)
besides having personal jurisdiction over a case, the court must also have -
ANSWER -subject-matter jurisdiction
an arbitrator's decision may be appealed based on an error of law only -
ANSWER -false
the defendant's reply to the complaint, in which the defendant admits or denies the
allegations, is known as - ANSWER -an ANSWER
sworn testimony, outside of the courtroom, of a witness recorded by a court
official is a - ANSWER -deposition
in barabin v. astenjohnson, where barabin sued for damages suffered from
exposure to asbestos, the appeals court held that - ANSWER -when the
qualification of a potential expert witness is challenged by the opposing side, a
Daubert hearing must be held outside of the presence of the jury for the judge to
determine if the witness qualifies as an expert
if a party refuses to comply with a court order to produce documents or ANSWER
written interrogations - ANSWER -the court can find the party in contempt of
court, which can result in fines or imprisonment
summary judgement is granted when - ANSWER -when the court can apply the
law to the undisputed facts and resolve the dispute
,compensatory damages are intended to - ANSWER -give injured parties a sum of
money to restore them to the economic position they were in before the injury
a court order to an official, such as the sheriff, to seize property of the defendant to
satisfy a judgement is known as a - ANSWER -writ of law
the most widely recognized form of an alternative dispute resolution process is -
ANSWER -arbitration
when an arbitrator is used, which is usually true - ANSWER -the arbitrator is a
neutral expert in the field of the dispute
as a practical matter, when a party is unhappy with the decision from arbitration, it
is the most common to - ANSWER -obey the ruling
which of the following is NOT part of a mediator's job - ANSWER -all of the
options are part of a mediator's job (collecting info, outlining key issues,
encouraging compromise, discussing options)
Ellen contracts with James to be her stockbrocker, making stock trades for Ellen's
account. Ellen need not pre-approve the trades that James makes, only trades for
more than $20,000. Ellen and James include a clause stating "that in case of any
disputes arising out of this contract, the dispute shall be arbitrated using the rules
of the NYSE". Ellen learns that since signing her contract with James, he has
routinely been making trades worth more than $20,000 without her permission, and
losing money. If Ellen takes her dispute to the local court, according to the Federal
Arbitration Act, what should happen? - ANSWER -the court should dismiss the
case
Ellen contracts with James to be her stockbrocker, making stock trades for Ellen's
account. Ellen need not pre-approve the trades that James makes, only trades for
more than $20,000. Ellen and James include a clause stating "that in case of any
disputes arising out of this contract, the dispute shall be arbitrated using the rules
of the NYSE". Ellen learns that since signing her contract with James, he has
routinely been making trades worth more than $20,000 without her permission, and
, losing money. Assume that Ellen sees James' unauthorized actions as the basis for
a legal dispute. If she arbitrates, what must she do first? - ANSWER -file a
submission
Ellen contracts with James to be her stockbrocker, making stock trades for Ellen's
account. Ellen need not pre-approve the trades that James makes, only trades for
more than $20,000. Ellen and James include a clause stating "that in case of any
disputes arising out of this contract, the dispute shall be arbitrated using the rules
of the NYSE". Ellen learns that since signing her contract with James, he has
routinely been making trades worth more than $20,000 without her permission, and
losing money. Ellen and James arbitrate their dispute, who is the most likely to be
selected as an arbitrator? - ANSWER -a neutral expert on investment issues
in hughes v. oklahoma, a statute passed by OK prohibiting the export of minnows
out of the state, to help protect the specie, was held to be constitutional -
ANSWER -false
george washington presided over a convention at which the US constitution was
drafted in which city - ANSWER -philidelphia
many key parts of the constitution are written - ANSWER -in language that can
be interpreted in different ways
taken together, the necessary and proper clause and the commerce clause, provides
justification for - ANSWER -broad congressional regulation of business
wickard v. filburn concerned the ability of congress to impose controls on wheat
growing, including a small farm that produced a small amount of wheat for use of
the farm. the supreme court held that the controls were - ANSWER -constitutional,
while one farmer made no difference, many small farmers together "could have" an
impact on interstate commerce
katzenbach v. mcclung involved a restaurant that served food to black customers
only at take-out windows. white customers would be seated. the supreme court
ANSWERS VERIFIED 100% CORRECT
federal courts have the judicial power to hear cases involving - ANSWER -all of
the choices are correct (case involving US internal revenue code, dispute between
citizens of 2 diff states and amount is above $75,000, case involving a treaty
between the US and canada, dispute between a US citizen and foreigner with
amount over $75,000)
besides having personal jurisdiction over a case, the court must also have -
ANSWER -subject-matter jurisdiction
an arbitrator's decision may be appealed based on an error of law only -
ANSWER -false
the defendant's reply to the complaint, in which the defendant admits or denies the
allegations, is known as - ANSWER -an ANSWER
sworn testimony, outside of the courtroom, of a witness recorded by a court
official is a - ANSWER -deposition
in barabin v. astenjohnson, where barabin sued for damages suffered from
exposure to asbestos, the appeals court held that - ANSWER -when the
qualification of a potential expert witness is challenged by the opposing side, a
Daubert hearing must be held outside of the presence of the jury for the judge to
determine if the witness qualifies as an expert
if a party refuses to comply with a court order to produce documents or ANSWER
written interrogations - ANSWER -the court can find the party in contempt of
court, which can result in fines or imprisonment
summary judgement is granted when - ANSWER -when the court can apply the
law to the undisputed facts and resolve the dispute
,compensatory damages are intended to - ANSWER -give injured parties a sum of
money to restore them to the economic position they were in before the injury
a court order to an official, such as the sheriff, to seize property of the defendant to
satisfy a judgement is known as a - ANSWER -writ of law
the most widely recognized form of an alternative dispute resolution process is -
ANSWER -arbitration
when an arbitrator is used, which is usually true - ANSWER -the arbitrator is a
neutral expert in the field of the dispute
as a practical matter, when a party is unhappy with the decision from arbitration, it
is the most common to - ANSWER -obey the ruling
which of the following is NOT part of a mediator's job - ANSWER -all of the
options are part of a mediator's job (collecting info, outlining key issues,
encouraging compromise, discussing options)
Ellen contracts with James to be her stockbrocker, making stock trades for Ellen's
account. Ellen need not pre-approve the trades that James makes, only trades for
more than $20,000. Ellen and James include a clause stating "that in case of any
disputes arising out of this contract, the dispute shall be arbitrated using the rules
of the NYSE". Ellen learns that since signing her contract with James, he has
routinely been making trades worth more than $20,000 without her permission, and
losing money. If Ellen takes her dispute to the local court, according to the Federal
Arbitration Act, what should happen? - ANSWER -the court should dismiss the
case
Ellen contracts with James to be her stockbrocker, making stock trades for Ellen's
account. Ellen need not pre-approve the trades that James makes, only trades for
more than $20,000. Ellen and James include a clause stating "that in case of any
disputes arising out of this contract, the dispute shall be arbitrated using the rules
of the NYSE". Ellen learns that since signing her contract with James, he has
routinely been making trades worth more than $20,000 without her permission, and
, losing money. Assume that Ellen sees James' unauthorized actions as the basis for
a legal dispute. If she arbitrates, what must she do first? - ANSWER -file a
submission
Ellen contracts with James to be her stockbrocker, making stock trades for Ellen's
account. Ellen need not pre-approve the trades that James makes, only trades for
more than $20,000. Ellen and James include a clause stating "that in case of any
disputes arising out of this contract, the dispute shall be arbitrated using the rules
of the NYSE". Ellen learns that since signing her contract with James, he has
routinely been making trades worth more than $20,000 without her permission, and
losing money. Ellen and James arbitrate their dispute, who is the most likely to be
selected as an arbitrator? - ANSWER -a neutral expert on investment issues
in hughes v. oklahoma, a statute passed by OK prohibiting the export of minnows
out of the state, to help protect the specie, was held to be constitutional -
ANSWER -false
george washington presided over a convention at which the US constitution was
drafted in which city - ANSWER -philidelphia
many key parts of the constitution are written - ANSWER -in language that can
be interpreted in different ways
taken together, the necessary and proper clause and the commerce clause, provides
justification for - ANSWER -broad congressional regulation of business
wickard v. filburn concerned the ability of congress to impose controls on wheat
growing, including a small farm that produced a small amount of wheat for use of
the farm. the supreme court held that the controls were - ANSWER -constitutional,
while one farmer made no difference, many small farmers together "could have" an
impact on interstate commerce
katzenbach v. mcclung involved a restaurant that served food to black customers
only at take-out windows. white customers would be seated. the supreme court
