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1. Which one of the following is the Formal mediation requires the parties
primary way that formal to submit their dispute to an agreed-
mediation differs from a pretrial upon outside mediator, but the parties
settlement conference? do not necessarily select who will
conduct a pretrial settlement
conference. (Incorrect. Though
mediators, formal and informal, are
often judges, formal mediation involves
seeking the assistance of a neutral
intermediary to assist the resolution of
the dispute.)
2. The state court is dealing with a Threshold case. (When courts
case involving an unusual encounter situations for which they can
domestic animal. They can find find no prior case or previous law that
no prior case or previous law directly applies, the unprecedented
, that directly applies, in their state situations are called threshold cases.)
or any other state. This case is
known as a
3. Jack was the defendant in a No, because Jack disputes Emily's
lawsuit against Emily. Emily's allegations. (A motion to dismiss
properly-formed complaint argues that the plaintiff has failed to
alleged that Jack made a series state a claim upon which relief can be
of embarrassing mistakes that granted and a motion for judgment on
led to the accidental destruction the pleadings generally requires an
of Emily's boat. The way Jack admission of the other party's facts and
remembers it, Emily sunk her allegations.)
own boat with her own
incompetence. Jack disputes
almost every one of Emily's
allegations. Aside from voluntary
dismissal by Emily, is there any
way Jack can win the case
before trial?
4. The U.S. constitutional system is The legislative branch has the power
one of various checks and to approve or deny the executive
balances to governmental appointment of judges, and it has the
power. Which one of the ability to pass constitutional laws that
following describes how the may negate judicial decisions. (The
, legislative branch checks the legislative branch has the power to
judicial branch? approve or deny the executive
appointment of judges, and it has the
ability to pass constitutional laws that
may negate judicial decisions.)
5. Which one of the following legal The civil-law system (The civil-law
systems relies on scholarly system relies on scholarly
interpretations of written codes interpretations of written codes and
and constitutions, rather than on constitutions, rather than on court
court decisions? decisions. ("Common-law system" vs.
"civil-law system" should not be
confused with "criminal law" vs. "civil
law." The former describe entire legal
systems, while the latter describe
classifications of U.S. law.)
6. The Twenty-sixth Amendment to 18 (The earliest legal voting age for a
the U.S. Constitution sets the West Virginia citizen with unpaid traffic
minimum voting age at 18. tickets who had not registered for
Assume that, after the military conscription is 18. Any law that
amendment was ratified, the violates the U.S. Constitution, whether
U.S. Congress passed a law that state or federal, is void.)
prohibited the right to vote for
anyone under the age of 21 who
, had not registered for military
conscription. West Virginia
likewise passed a law that
limited the minimum voting age
to 19 for all West Virginia
citizens. The U.S. President then
issued an Executive Order that
forbade any person under the
age of 20 with unpaid traffic
tickets from voting. The earliest
legal voting age for a West
Virginia citizen with unpaid traffic
tickets who had not registered
for military conscription is
7. Scott is presented as a witness Competent (Scott's testimony may be
for the plaintiff in a trail. Carla, challenged on the basis of
the plaintiff, alleges that she was competence. He is repeating a
seriously injured when she was statement (hearsay), but does not
struck by a vehicle driven by have personal knowledge of whether
Luke, who was under the the statement is true.)
influence of alcohol at the time.
Scott testifies that Luke had
been drinking heavily at happy