BLAW 301 EXAM 1 REVIEW QUSTIONS
Venue refers to the:
A.subject matter of a case.
B.procedure for appealing a case.
C.basis for selecting an attorney.
D.most appropriate location for a trial. - Answer -D.most appropriate location for a trial.
In a suit against Kathy, Lon obtains specific performance. This is:
A.an equitable remedy and a B.remedy at law.
C.a remedy at law only.
D.an equitable remedy only.
E.not a remedy. - Answer -D.an equitable remedy only.
Destiny and Enzo engage in a business transaction for the creation and baking of a
cake and other pastries and desserts for Destiny's wedding dinner and reception. When
a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. If Enzo
files a motion to dismiss, and the court denies it:
A.Destiny will be given time to file an amended complaint.
B.Enzo will be given time to file another response.
C.Destiny will have a judgment entered in her favor.
D.Enzo will have a judgment entered in his favor. - Answer -B.Enzo will be given time
to file another response.
David is considering suing his neighbor Trevor for damages to his property that David
believes were caused by Trevor. David seeks advice from attorney Alice regarding his
potential lawsuit against Trevor. Alice can be expected to discuss all of the following
with David except:
A.The probability of David succeeding if the case goes to trial.
B.That they can ignore the procedural rules and file the lawsuit in any court and at any
time they want to.
C.How long it will take to resolve the case through the litigation process.
D.The advantages and disadvantages of filing the lawsuit in a particular court. - Answer
-B.That they can ignore the procedural rules and file the lawsuit in any court and at any
time they want to
Vince, from Illinois, was attending a concert in Michigan. Vince's obnoxious behavior
irritated Troy, who was from Indiana. Troy asked Vince to settle down. Vince responded
with an obnoxious comment and Troy shoved Vince. Vince fell to the ground and broke
his arm. Vince wants to sue Troy for the injuries that Vince suffered. Assume Troy's
action constitutes the crime of battery. Vince may file a criminal suit against Troy.
A.True
B.False - Answer -B.False
The U.S. Constitution does not mention the power of judicial review.
, A.True
B.False - Answer -A.True
Harley filed a civil lawsuit against Davidson in a Pennsylvania state trial court. Harley
wants to appeal the case to a Pennsylvania state appellate court. To initiate the appeal,
Harley's attorney must:
A. file a notice of appeal with the clerk of the Pennsylvania state trial court.
B. file a notice of appeal with the clerk of the Pennsylvania state appellate court.
C. file a complaint with the clerk of the Pennsylvania state appellate court.
D. send the record on appeal to the Pennsylvania state appellate court. - Answer -A.
file a notice of appeal with the clerk of the Pennsylvania state trial court.
Inferior Company sells products that are poorly made. Jack, who has never bought or
used an Inferior product, files a suit against Inferior, alleging that its products are
defective. The firm's best ground for dismissal of the suit is that Jack does not have:
A. jurisdiction.
B. standing.
C. certiorari.
D. sufficient minimum contacts. - Answer -B. standing.
Appellate courts generally focus on questions of fact, not of law.
A. True
B. False - Answer -B. False
While Congress was not meeting, the president appointed two members to the National
Labor Relations Board. A party averse to the NLRB asserts that the president's
appointment of the two members violated the Recess Appointments Clause of the U.S.
Constitution. Which branch of government has authority to decide whether the
president's action was constitutional or unconstitutional?
A. The executive branch
B. The legislative branch
C. The judicial branch
D. No branch of government may review the president's actions. - Answer -C. The
judicial branch
Gilbert wants to initiate a suit against Healthways Insurance Company by filing a
complaint. The complaint should include:
A. a statement refuting any defense that the defendant might assert.
B. a motion for judgment on the pleadings.
C. an explanation of the proof to be offered at trial.
D. a statement alleging the facts showing the court has jurisdiction. - Answer -D. a
statement alleging the facts showing the court has jurisdiction.
In a suit against Sandy, Taylor obtains a remedy. In the U.S. legal system, this remedy
will most likely be:
A. damages.
Venue refers to the:
A.subject matter of a case.
B.procedure for appealing a case.
C.basis for selecting an attorney.
D.most appropriate location for a trial. - Answer -D.most appropriate location for a trial.
In a suit against Kathy, Lon obtains specific performance. This is:
A.an equitable remedy and a B.remedy at law.
C.a remedy at law only.
D.an equitable remedy only.
E.not a remedy. - Answer -D.an equitable remedy only.
Destiny and Enzo engage in a business transaction for the creation and baking of a
cake and other pastries and desserts for Destiny's wedding dinner and reception. When
a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. If Enzo
files a motion to dismiss, and the court denies it:
A.Destiny will be given time to file an amended complaint.
B.Enzo will be given time to file another response.
C.Destiny will have a judgment entered in her favor.
D.Enzo will have a judgment entered in his favor. - Answer -B.Enzo will be given time
to file another response.
David is considering suing his neighbor Trevor for damages to his property that David
believes were caused by Trevor. David seeks advice from attorney Alice regarding his
potential lawsuit against Trevor. Alice can be expected to discuss all of the following
with David except:
A.The probability of David succeeding if the case goes to trial.
B.That they can ignore the procedural rules and file the lawsuit in any court and at any
time they want to.
C.How long it will take to resolve the case through the litigation process.
D.The advantages and disadvantages of filing the lawsuit in a particular court. - Answer
-B.That they can ignore the procedural rules and file the lawsuit in any court and at any
time they want to
Vince, from Illinois, was attending a concert in Michigan. Vince's obnoxious behavior
irritated Troy, who was from Indiana. Troy asked Vince to settle down. Vince responded
with an obnoxious comment and Troy shoved Vince. Vince fell to the ground and broke
his arm. Vince wants to sue Troy for the injuries that Vince suffered. Assume Troy's
action constitutes the crime of battery. Vince may file a criminal suit against Troy.
A.True
B.False - Answer -B.False
The U.S. Constitution does not mention the power of judicial review.
, A.True
B.False - Answer -A.True
Harley filed a civil lawsuit against Davidson in a Pennsylvania state trial court. Harley
wants to appeal the case to a Pennsylvania state appellate court. To initiate the appeal,
Harley's attorney must:
A. file a notice of appeal with the clerk of the Pennsylvania state trial court.
B. file a notice of appeal with the clerk of the Pennsylvania state appellate court.
C. file a complaint with the clerk of the Pennsylvania state appellate court.
D. send the record on appeal to the Pennsylvania state appellate court. - Answer -A.
file a notice of appeal with the clerk of the Pennsylvania state trial court.
Inferior Company sells products that are poorly made. Jack, who has never bought or
used an Inferior product, files a suit against Inferior, alleging that its products are
defective. The firm's best ground for dismissal of the suit is that Jack does not have:
A. jurisdiction.
B. standing.
C. certiorari.
D. sufficient minimum contacts. - Answer -B. standing.
Appellate courts generally focus on questions of fact, not of law.
A. True
B. False - Answer -B. False
While Congress was not meeting, the president appointed two members to the National
Labor Relations Board. A party averse to the NLRB asserts that the president's
appointment of the two members violated the Recess Appointments Clause of the U.S.
Constitution. Which branch of government has authority to decide whether the
president's action was constitutional or unconstitutional?
A. The executive branch
B. The legislative branch
C. The judicial branch
D. No branch of government may review the president's actions. - Answer -C. The
judicial branch
Gilbert wants to initiate a suit against Healthways Insurance Company by filing a
complaint. The complaint should include:
A. a statement refuting any defense that the defendant might assert.
B. a motion for judgment on the pleadings.
C. an explanation of the proof to be offered at trial.
D. a statement alleging the facts showing the court has jurisdiction. - Answer -D. a
statement alleging the facts showing the court has jurisdiction.
In a suit against Sandy, Taylor obtains a remedy. In the U.S. legal system, this remedy
will most likely be:
A. damages.
