CET EXAM QUESTIONS WITH
COMPLETE SOLUTIONS
Federal judiciary - Correct Answers -one system operates throughout country w one set
rules
Supreme Court - Correct Answers -Highest. Final interpreter of Constitution. Strike
down acts of Congress or state laws is called judicial review.
Judicial opinions not issued in advance
Below Supreme Court est by Congress - Correct Answers -circut court of appeals, each
responsible for certain states. Each overseen by Supreme Court Justice
Two or more circuit courts can decide appeals similar in nature "on all fours" - Correct
Answers -if contradictory, Supreme Court will conform to keep federal law unitary
Lowest Tier of federal judiciary - Correct Answers -federal district courts.
almost all federal law begins here because of general jurisdiction. Each state has at
least one. Morea based on population.
Have power to issue writs of mandamus to compel official or agency to perform duty.
Can also issue injunctions to forbid acts
United States Code (statutory law) - Correct Answers -federal statues are found in
(united states code is where the federal statutes abode)
State enactments are found (statutory law) - Correct Answers -own code books(state
Enactments have their own code)
body of principles which are authoritive because they are ancient and customary.
Often viewed as encompassing all law common to everyone - Correct Answers -
common law
From time immemorial
or
Judge-made laws
Remedies to winninf plaintiff - Correct Answers -specifice performace where losing
defendant must pay pecuniary damages, lost wages, for damaged property;special
damages for pain and suffering; punitive to punish defandant and warn others.
Monetary
,larger body of common law consist of torts(wrongs or injuries) - Correct Answers -biting
dog, negligent damage, battery, trespass, nuisance, libel, invasion, unfair business
practice. Uniform Commercial Code enacted in most states to ensure uniformity among
jurisdictions.
res ipsa loquitur - Correct Answers -the thing speaks for itself--little evidence required.
(Raj needs a little liquor to speak for himself)
nonsuit - Correct Answers -a legal action that cannot be maintained (wrinkled suit is not
maintained)
prima facie. - Correct Answers -at first appearance, present at least some evidence
( I always prima my facie before a first appearance)
administrative law is quasi-statutory, meaning - Correct Answers -.i.e. law pass to
regulate adoption; state allow to decide how, when, who.
Code of Federal Regulations CFR - Correct Answers -Each state has own regulations to
implement its statues
statutory law - Correct Answers -rigid-file appeal in 90 days or lose(statutory law is rigid;
do it in90 or burn your bridges)
principles of equity - Correct Answers -allow rigidity of statutory law to be relaxed if no
fault of own(principles of equity relax the rigidity if it's not your fault you can sing this
ditty0
legal fiction - Correct Answers -calling vines trees to adhere to law....
black letter - Correct Answers -literal statements found in that statutes (black letter
statements found on the plaque of that statutes/statue)
Courts that can decide a matter with or without a written opinion - Correct Answers -
state and federal appellate courts, and the Supreme Court
published findings of judges and jury verdicts are - Correct Answers -made so by
reading them aloud in court
published decisions - Correct Answers -offically recgonized volumes printed and bound
most cited published decisions are - Correct Answers -federal
fed second F.2d - Correct Answers -Referes to second set of federal volumes
lawyers making reference to prior cases are - Correct Answers -citing precedents
, How Statutory law, federal, and state are cited - Correct Answers -according to the
rules,
they are numbered and lettered differently from jurisdiction to jurisdiction
court reportes must know own jurisductions statutory forms - Correct Answers --
Court opinions are cited by - Correct Answers -case name, volume no, court's name
and term(year of decision)
Smith v. Thomas 146U.S.7852(2011)
dicta (singular Dictum) - Correct Answers -extraneous comments which cannot be cited
as precedents( the more dicta you get, the dumber they are and can't be cited)
benchmark or landmark decisions - Correct Answers -significant rules. may affect long-
cherished principles, establish new legal standards
Sheparding - Correct Answers -checking if a prior opinion is still valid
Shepards Citiations is a reference. LexisNexis or Westlaw are Internet sites.
arbitration - Correct Answers -resolution to save cost, time gaining popularity
cause of action - Correct Answers -take someone to court because you feel wrong and
it is valid
who files a complaint - Correct Answers -plaintiff
complaint - Correct Answers -sets out allegation of wrongdoing to defendant
Defandant is not offically involved until receiving a - Correct Answers -complaint, and
until then a case cannot proceed
a complaint is served via - Correct Answers -sheriff, marshal, private processsor
summons - Correct Answers -how a defandant is called to court
how defendant responds to summons - Correct Answers -answering complaint-reason
he thinks relief should not be granted to plaintiff
cross-complaint - Correct Answers -defendant files in response to summons as
defendant believed he was wronged
how a matter is placed on the calendar - Correct Answers -assigned a docket no
class action - Correct Answers -party or group of people sharing sufficient interest in
outcome of cause.(my class threw a party because we shared the same major and
interst)
COMPLETE SOLUTIONS
Federal judiciary - Correct Answers -one system operates throughout country w one set
rules
Supreme Court - Correct Answers -Highest. Final interpreter of Constitution. Strike
down acts of Congress or state laws is called judicial review.
Judicial opinions not issued in advance
Below Supreme Court est by Congress - Correct Answers -circut court of appeals, each
responsible for certain states. Each overseen by Supreme Court Justice
Two or more circuit courts can decide appeals similar in nature "on all fours" - Correct
Answers -if contradictory, Supreme Court will conform to keep federal law unitary
Lowest Tier of federal judiciary - Correct Answers -federal district courts.
almost all federal law begins here because of general jurisdiction. Each state has at
least one. Morea based on population.
Have power to issue writs of mandamus to compel official or agency to perform duty.
Can also issue injunctions to forbid acts
United States Code (statutory law) - Correct Answers -federal statues are found in
(united states code is where the federal statutes abode)
State enactments are found (statutory law) - Correct Answers -own code books(state
Enactments have their own code)
body of principles which are authoritive because they are ancient and customary.
Often viewed as encompassing all law common to everyone - Correct Answers -
common law
From time immemorial
or
Judge-made laws
Remedies to winninf plaintiff - Correct Answers -specifice performace where losing
defendant must pay pecuniary damages, lost wages, for damaged property;special
damages for pain and suffering; punitive to punish defandant and warn others.
Monetary
,larger body of common law consist of torts(wrongs or injuries) - Correct Answers -biting
dog, negligent damage, battery, trespass, nuisance, libel, invasion, unfair business
practice. Uniform Commercial Code enacted in most states to ensure uniformity among
jurisdictions.
res ipsa loquitur - Correct Answers -the thing speaks for itself--little evidence required.
(Raj needs a little liquor to speak for himself)
nonsuit - Correct Answers -a legal action that cannot be maintained (wrinkled suit is not
maintained)
prima facie. - Correct Answers -at first appearance, present at least some evidence
( I always prima my facie before a first appearance)
administrative law is quasi-statutory, meaning - Correct Answers -.i.e. law pass to
regulate adoption; state allow to decide how, when, who.
Code of Federal Regulations CFR - Correct Answers -Each state has own regulations to
implement its statues
statutory law - Correct Answers -rigid-file appeal in 90 days or lose(statutory law is rigid;
do it in90 or burn your bridges)
principles of equity - Correct Answers -allow rigidity of statutory law to be relaxed if no
fault of own(principles of equity relax the rigidity if it's not your fault you can sing this
ditty0
legal fiction - Correct Answers -calling vines trees to adhere to law....
black letter - Correct Answers -literal statements found in that statutes (black letter
statements found on the plaque of that statutes/statue)
Courts that can decide a matter with or without a written opinion - Correct Answers -
state and federal appellate courts, and the Supreme Court
published findings of judges and jury verdicts are - Correct Answers -made so by
reading them aloud in court
published decisions - Correct Answers -offically recgonized volumes printed and bound
most cited published decisions are - Correct Answers -federal
fed second F.2d - Correct Answers -Referes to second set of federal volumes
lawyers making reference to prior cases are - Correct Answers -citing precedents
, How Statutory law, federal, and state are cited - Correct Answers -according to the
rules,
they are numbered and lettered differently from jurisdiction to jurisdiction
court reportes must know own jurisductions statutory forms - Correct Answers --
Court opinions are cited by - Correct Answers -case name, volume no, court's name
and term(year of decision)
Smith v. Thomas 146U.S.7852(2011)
dicta (singular Dictum) - Correct Answers -extraneous comments which cannot be cited
as precedents( the more dicta you get, the dumber they are and can't be cited)
benchmark or landmark decisions - Correct Answers -significant rules. may affect long-
cherished principles, establish new legal standards
Sheparding - Correct Answers -checking if a prior opinion is still valid
Shepards Citiations is a reference. LexisNexis or Westlaw are Internet sites.
arbitration - Correct Answers -resolution to save cost, time gaining popularity
cause of action - Correct Answers -take someone to court because you feel wrong and
it is valid
who files a complaint - Correct Answers -plaintiff
complaint - Correct Answers -sets out allegation of wrongdoing to defendant
Defandant is not offically involved until receiving a - Correct Answers -complaint, and
until then a case cannot proceed
a complaint is served via - Correct Answers -sheriff, marshal, private processsor
summons - Correct Answers -how a defandant is called to court
how defendant responds to summons - Correct Answers -answering complaint-reason
he thinks relief should not be granted to plaintiff
cross-complaint - Correct Answers -defendant files in response to summons as
defendant believed he was wronged
how a matter is placed on the calendar - Correct Answers -assigned a docket no
class action - Correct Answers -party or group of people sharing sufficient interest in
outcome of cause.(my class threw a party because we shared the same major and
interst)
