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LPP 255 Exam Questions With Correct
Answers
What are the four CANT requirements? - answer✔Commonality,Adequacy,
Negligence,Typicality
What can a peremptory challenge not be used to exclude a person based on? - answer✔Race
and gender
What is the name of a document issued by a court directing the defendant to appear in court or
otherwise respond to the plaintiff's allegations? - answer✔Summons
In class we discussed Hawkins vs. McGee, also known as the "hairy hand" case. In this case the
defendant doctor's failed surgery left the patient plaintiff with a deformed and hairy hand.
What was the general issue the court was looking at in this case? - answer✔Whether the doctor
breached his contractual obligation
What is a preexisting duty? - answer✔The promisor promises something that he/she is already
under an obligation to perform
What is the difference between mediation and arbitration? - answer✔(In mediation the
mediator does not have the authority to impose a resolution) With mediation, the final decision
is a reached agreement between the two conflicting parties, while arbitration calls on an
arbitrator to analyze the case details and reach a verdict.
What is a subpoena? - answer✔Procedural document used to get a person to provide discovery
they are otherwise refusing to provide or to testify at a deposition or trial/ a formal written
order that requires a person to appear before a court or produce documentation
Which of the following theories argues for a just distribution of societal resources? -
answer✔Justice theory
What is the name of the party appealing a trial court decision? - answer✔Appellant
How many circuits are in the United States Court of Appeals, excluding the Court of Appeals for
the Federal Circuit? - answer✔12
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11/16/2024 10:16 AM
What is a legal benefit? - answer✔Party receives something they had no prior legal right to
receive
What are the two Constitutional amendments that provide for the right to a trial by jury? -
answer✔Sixth and Seventh
Who was responsible for the leaking of sensitive U.S. classified information in 2013? -
answer✔Edward Snowden
In the Kelo vs City of New London case, which involved the taking of property from one party to
give to another for economic development, what constitutional amendment applies? -
answer✔Fifth Amendment
What is an indictment? - answer✔Grand jury's finding that it has probable cause to believe
there is sufficient evidence that requires the accused be tried and informs the accused of the
offense with which they are charged./ a formal charge or accusation of a serious crime.
What is the definition of acceptance in contract law? - answer✔Indication by the offeree of
their willingness to be bound by the terms of the offer/ one person's compliance with the terms
of an offer made by another
What is an unliquidated debt? - answer✔Obligation that is in dispute with respect to dollar
amount involved/ debt amount is disputed or unclear
What is a panel of potential jurors called? - answer✔Venire
Identify a scenario under the UCC where additional terms provided with the acceptance of a
contract do not become part of the contract. - answer✔At least one party is not a merchant; if
both parties are merchants: (1) the offer expressly limits acceptance to the terms of the offer,
(2) added terms materially alter the offer, (3) offeror objects to the additional terms
What are the four parts to analyzing a case? - answer✔Issue, Rule,Analysis/Application,
Conclusion
Name four (4) of the current Supreme Court justices. - answer✔Roberts, Thomas, Alito,
Sotomayor
What is separation of powers? - answer✔The doctrine that the legislative, executive, and
judicial branches of the government function independently of one another and each serves as
a check on the others/ an act of vesting the legislative, executive, and judicial powers of
government in separate bodies.
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