BUL 3130 ACTUAL TEST PAPER QUESTIONS AND
ANSWERS SET A+
✔✔Pre-trial motion - ✔✔A motion a party can make to try to dispose of all or part of a
lawsuit prior to trial.
✔✔Settlement conference - ✔✔A hearing before a trial in order to facilitate the
settlement of a case.
✔✔In deciding the motion for judgement on the pleadings, the judge cannot consider
facts outside the pleadings. - ✔✔True
A motion for summary judgement, the judge must only consider undisputed facts as set
forth in affidavits, documents and deposition testimony.
✔✔Motion for judgement on the pleadings - ✔✔A motion that alleges that if all the facts
presented in the pleadings are taken as true, the party making the motion would win the
lawsuit when the proper law is applied to these asserted facts.
✔✔Voir dire is the process whereby the jurors ask prospective judges questions to
determine whether they would be biased in their decisions. - ✔✔False
Voir Dire is when attorneys ask prospective jurors questions to establish biases.
✔✔Steps in a Jury Trial - ✔✔Jury Selection
impaneled
opening statements
direct examination
cross-examination
rebuttal and rejoinder
closing arguments
jury instructions
jury deliberation
, verdict
entry of judgement
✔✔judgement notwithstanding the verdict - ✔✔the court may overturn the verdict,
however, if it finds bias or jury misconduct.
✔✔Remittitur - ✔✔In a civil case, the judge may reduce the amount of monetary
damages awarded by the jury if he or she finds the jury to have been biased, emotional,
or inflamed.
✔✔Arbitration - ✔✔a form of alternative dispute resolution in which the parties choose
an impartial third party to hear and decide the dispute.
✔✔Mediation - ✔✔A form of alternative dispute resolution in which the parties use
mediators to assist them in possibly reaching a settlement of their dispute.
✔✔The primary purpose of the Constitutional Convention of 1787 was to limit the power
of the federal government and restrict it from levying or collecting taxes. - ✔✔False
The primary purpose of the Constitutional Convention was to strengthen the federal
government.
✔✔In federalism, the federal government and the state governments share powers. -
✔✔True
✔✔Two functions of the U.S. Constitution - ✔✔1. it creates the three branches of the
federal government (legislative, executive, judicial) and allocates powers to these
branches.
2. It protects individual rights by limiting the governments ability to restrict those rights.
✔✔Checks and Balances - ✔✔A system built into the U.S. constitution to prevent any
one of the three branches of government from becoming to powerful.
✔✔The House of Reps has the power to impeach the President for certain activities,
such as treason, bribery, and other crimes. - ✔✔True
2/3 vote required for impeachment
✔✔How are the number of Congressional representatives determined? - ✔✔According
to the population of each state. The current number of reps is determined by the most
recent national census.
✔✔A state or local law that conflicts with a valid federal law is considered to be? -
✔✔Unconstitutional
ANSWERS SET A+
✔✔Pre-trial motion - ✔✔A motion a party can make to try to dispose of all or part of a
lawsuit prior to trial.
✔✔Settlement conference - ✔✔A hearing before a trial in order to facilitate the
settlement of a case.
✔✔In deciding the motion for judgement on the pleadings, the judge cannot consider
facts outside the pleadings. - ✔✔True
A motion for summary judgement, the judge must only consider undisputed facts as set
forth in affidavits, documents and deposition testimony.
✔✔Motion for judgement on the pleadings - ✔✔A motion that alleges that if all the facts
presented in the pleadings are taken as true, the party making the motion would win the
lawsuit when the proper law is applied to these asserted facts.
✔✔Voir dire is the process whereby the jurors ask prospective judges questions to
determine whether they would be biased in their decisions. - ✔✔False
Voir Dire is when attorneys ask prospective jurors questions to establish biases.
✔✔Steps in a Jury Trial - ✔✔Jury Selection
impaneled
opening statements
direct examination
cross-examination
rebuttal and rejoinder
closing arguments
jury instructions
jury deliberation
, verdict
entry of judgement
✔✔judgement notwithstanding the verdict - ✔✔the court may overturn the verdict,
however, if it finds bias or jury misconduct.
✔✔Remittitur - ✔✔In a civil case, the judge may reduce the amount of monetary
damages awarded by the jury if he or she finds the jury to have been biased, emotional,
or inflamed.
✔✔Arbitration - ✔✔a form of alternative dispute resolution in which the parties choose
an impartial third party to hear and decide the dispute.
✔✔Mediation - ✔✔A form of alternative dispute resolution in which the parties use
mediators to assist them in possibly reaching a settlement of their dispute.
✔✔The primary purpose of the Constitutional Convention of 1787 was to limit the power
of the federal government and restrict it from levying or collecting taxes. - ✔✔False
The primary purpose of the Constitutional Convention was to strengthen the federal
government.
✔✔In federalism, the federal government and the state governments share powers. -
✔✔True
✔✔Two functions of the U.S. Constitution - ✔✔1. it creates the three branches of the
federal government (legislative, executive, judicial) and allocates powers to these
branches.
2. It protects individual rights by limiting the governments ability to restrict those rights.
✔✔Checks and Balances - ✔✔A system built into the U.S. constitution to prevent any
one of the three branches of government from becoming to powerful.
✔✔The House of Reps has the power to impeach the President for certain activities,
such as treason, bribery, and other crimes. - ✔✔True
2/3 vote required for impeachment
✔✔How are the number of Congressional representatives determined? - ✔✔According
to the population of each state. The current number of reps is determined by the most
recent national census.
✔✔A state or local law that conflicts with a valid federal law is considered to be? -
✔✔Unconstitutional
