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Exam (elaborations)

LES 305 EXAM 1 Correct Questions & Answers!!

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Once a court decision is issued, it cannot be reversed without legislative action. - ANSWERfalse 1. Appeals courts a. Always retry lower court cases in their entirety. b. Review the records of the lower courts to determine if the law is applied properly. c. Do not publish their opinions. d. None of the above. - ANSWERB 1. If a case is reversed and remanded, it: a. is dismissed with no further proceedings b. is reversed with no further proceedings c. requires additional hearings or determinations at the trial court level d. means that the lower court acted unconstitutionally e. none of the above - ANSWERC 1. BP (British Petroleum) was found grossly negligent in a civil trial for causing the Deepwater Horizon oil spill in the Gulf of Mexico in April 2010. The judge assigned 67 percent of the liability to BP, 30 percent to Transocean and 3 percent to Halliburton. During the trial, what did the court apply? a. the dicta from previous cases. b. the voir dire from previous court cases. c. the rule of law from previous cases. d. none of the answer choices are correct. - ANSWERC 1. Where is the appropriate place for the government to file and try the case involving the violation of federal environmental laws by BP? a. federal district court. b. state court. c. the United States Supreme Court. any of the above would have jurisdiction - ANSWERA 1. What equitable remedy could the plaintiffs seek to prevent BP from operating in the Gulf of Mexico again? a. monetary damages. b. punitive damages. c. an injunction. d. A and b only. e. None of the answer choices are correct. - ANSWERC 1. Which of the following is correct? a. The rule of law in the case is not precedent b. Dicta is precedent c. Dicta is the discussion of the rule of law d. none of the above - ANSWERC 1. Precedent does

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LES 305 EXAM 1 Correct Questions &
Answers!!
Once a court decision is issued, it cannot be reversed without legislative action. -
ANSWERfalse

1. Appeals courts
a. Always retry lower court cases in their entirety.
b. Review the records of the lower courts to determine if the law is applied properly.
c. Do not publish their opinions.
d. None of the above. - ANSWERB

1. If a case is reversed and remanded, it:
a. is dismissed with no further proceedings
b. is reversed with no further proceedings
c. requires additional hearings or determinations at the trial court level
d. means that the lower court acted unconstitutionally
e. none of the above - ANSWERC

1. BP (British Petroleum) was found grossly negligent in a civil trial for causing the
Deepwater Horizon oil spill in the Gulf of Mexico in April 2010. The judge assigned
67 percent of the liability to BP, 30 percent to Transocean and 3 percent to
Halliburton. During the trial, what did the court apply?
a. the dicta from previous cases.
b. the voir dire from previous court cases.
c. the rule of law from previous cases.
d. none of the answer choices are correct. - ANSWERC

1. Where is the appropriate place for the government to file and try the case
involving the violation of federal environmental laws by BP?

a. federal district court.
b. state court.
c. the United States Supreme Court.
any of the above would have jurisdiction - ANSWERA

1. What equitable remedy could the plaintiffs seek to prevent BP from operating in
the Gulf of Mexico again?
a. monetary damages.
b. punitive damages.
c. an injunction.
d. A and b only.
e. None of the answer choices are correct. - ANSWERC

1. Which of the following is correct?
a. The rule of law in the case is not precedent
b. Dicta is precedent

, c. Dicta is the discussion of the rule of law
d. none of the above - ANSWERC

1. Precedent does not have to be followed when
a. Cases are factually distinguishable
b. Precedent is from another jurisdiction
c. Technology changes
d. There are sociological, moral, or economic changes
e. All of the above. - ANSWERE

1. In which of the following cases would there be federal subject matter jurisdiction?
a. a case in which the Justice Department is prosecuting for criminal violations of the
Sherman Act, a federal law.
b. a case in which a Texas resident is suing a Wisconsin company for a refund of
$1,000.00.
c. a case in which two Arizona partners are suing each other
d. a case in which the state attorney general is prosecuting a corporation for violation
of state antitrust laws. - ANSWERA

1. The minimum amount required for a federal diversity of citizenship suit is:
a. $10,000
b. $50,000
c. $75,000 - ANSWERC

1. Cases that can be heard in federal court include:
a. diversity of citizenship and a claim of $75,000 or more
b. federal question cases
c. cases where the United States is a party
d. all of the above. - ANSWERD

1. A writ of certiorari is:
A. a reversal by an appeals court of a lower court decision
b. a refusal to review a lower court decision
c. a reduction in damages awarded by the trial court
d. an order granting review of a case - ANSWERD

1. The particular geographical area within a judicial district where a suit should be
brought.
a. jurisdiction
b. in rem
c. venue
d. exhaustion doctrine - ANSWERC

1. In personam jurisdiction:
a. refers to jurisdiction over the parties in a case
refers to jurisdiction over the parties in a case
b. can be based on the subject matter of the case
c. is based on constitutional standards of residence
d. is only applied in federal courts - ANSWERA

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