POSC 209 EXAM QUESTIONS AND ANSWERS
When can a federal court can have jurisdiction over a civil case? - Answers - If a
question of state law is involved, but the parties are residents of different states
or
if a question of federal law is involved
Maryland District courts (and comparable courts in other states) typically handle all of
the following types of cases EXCEPT:
a. Landlord-Tenant cases
b. Misdemeanor criminal cases
c. Family law cases
d. Civil lawsuits in which the amount of damages sought is small - Answers - c. Family
law cases
Which of the following is NOT one of the functions of the U.S. Constitution?
a. Enumerates powers of Congress.
b. Enumerates all powers of state governments.
c. Provides that certain individual rights are protected.
d. Enumerates the powers of the executive branch. - Answers - b. Enumerates all
powers of state governments.
Which of the following rights is not explicitly protected by the First Amendment?
a. Freedom of the press
b. Free exercise of religion
c. Right to privacy
d. Right to peaceably assemble - Answers - c. Right to privacy
What does strict liability apply to in tort law? - Answers - Inherently dangerous activities,
such as the use of explosives
What is the burden of proof for a plaintiff in a civil lawsuit? - Answers - Preponderance
of the evidence
What is the party that is sued in a civil lawsuit is known as? - Answers - the Defendant
Which of the following is NOT a method of discovery in civil litigation?
a. Interrogatories
b. Mediation
c. Requests for Production
d. Depositions - Answers - b. Mediation
, What are Circuit Courts in the federal court system? - Answers - Intermediate appellate
courts
What damages does the plaintiff recover in contributory negligence? - Answers - Plaintiff
cannot recover damages if they acted at all negligently
What damages does the plaintiff recover in a state that uses comparative fault? -
Answers - Plaintiff recovers damages from the defendant based off of their % of
responsibility
What is an example of an intentional tort? - Answers - False imprisonment
What is NOT an example of an intentional tort? - Answers - Negligence
What does "Stare decisis" generally refer to? - Answers - The practice of following
precedent
What is the difference between compensatory damages and punitive damages? -
Answers - Compensatory damages compensate the plaintiff for harm suffered; punitive
damages punish the defendant for bad behavior.
Identify and describe three methods of discovery used in civil cases. - Answers -
Interrogatories—Written questions sent by one party to another
Requests for production—requests that opposing party produce documents or tangible
things relevant to the case
Depositions—witness testimony given under oath, outside of court
What is the difference between vertical precedent and horizontal precedent? - Answers
- Vertical precedent—following the decisions of a higher court
Higher court—a court following its own past decisions
What categories of people generally cannot make an enforceable contract? - Answers -
Minors, Persons with mental disabilities, Persons in a coma
A grand jury is used in criminal cases to: - Answers - Determine whether probable cause
exists to charge someone with a crime.
A preliminary hearing is used in criminal cases to: - Answers - Determine whether
probable cause exists to charge someone with a crime.
True or False: A contract that is unfair to one party may still be enforceable. - Answers -
True
How are most criminal cases resolved? - Answers - through plea bargaining
When can a federal court can have jurisdiction over a civil case? - Answers - If a
question of state law is involved, but the parties are residents of different states
or
if a question of federal law is involved
Maryland District courts (and comparable courts in other states) typically handle all of
the following types of cases EXCEPT:
a. Landlord-Tenant cases
b. Misdemeanor criminal cases
c. Family law cases
d. Civil lawsuits in which the amount of damages sought is small - Answers - c. Family
law cases
Which of the following is NOT one of the functions of the U.S. Constitution?
a. Enumerates powers of Congress.
b. Enumerates all powers of state governments.
c. Provides that certain individual rights are protected.
d. Enumerates the powers of the executive branch. - Answers - b. Enumerates all
powers of state governments.
Which of the following rights is not explicitly protected by the First Amendment?
a. Freedom of the press
b. Free exercise of religion
c. Right to privacy
d. Right to peaceably assemble - Answers - c. Right to privacy
What does strict liability apply to in tort law? - Answers - Inherently dangerous activities,
such as the use of explosives
What is the burden of proof for a plaintiff in a civil lawsuit? - Answers - Preponderance
of the evidence
What is the party that is sued in a civil lawsuit is known as? - Answers - the Defendant
Which of the following is NOT a method of discovery in civil litigation?
a. Interrogatories
b. Mediation
c. Requests for Production
d. Depositions - Answers - b. Mediation
, What are Circuit Courts in the federal court system? - Answers - Intermediate appellate
courts
What damages does the plaintiff recover in contributory negligence? - Answers - Plaintiff
cannot recover damages if they acted at all negligently
What damages does the plaintiff recover in a state that uses comparative fault? -
Answers - Plaintiff recovers damages from the defendant based off of their % of
responsibility
What is an example of an intentional tort? - Answers - False imprisonment
What is NOT an example of an intentional tort? - Answers - Negligence
What does "Stare decisis" generally refer to? - Answers - The practice of following
precedent
What is the difference between compensatory damages and punitive damages? -
Answers - Compensatory damages compensate the plaintiff for harm suffered; punitive
damages punish the defendant for bad behavior.
Identify and describe three methods of discovery used in civil cases. - Answers -
Interrogatories—Written questions sent by one party to another
Requests for production—requests that opposing party produce documents or tangible
things relevant to the case
Depositions—witness testimony given under oath, outside of court
What is the difference between vertical precedent and horizontal precedent? - Answers
- Vertical precedent—following the decisions of a higher court
Higher court—a court following its own past decisions
What categories of people generally cannot make an enforceable contract? - Answers -
Minors, Persons with mental disabilities, Persons in a coma
A grand jury is used in criminal cases to: - Answers - Determine whether probable cause
exists to charge someone with a crime.
A preliminary hearing is used in criminal cases to: - Answers - Determine whether
probable cause exists to charge someone with a crime.
True or False: A contract that is unfair to one party may still be enforceable. - Answers -
True
How are most criminal cases resolved? - Answers - through plea bargaining
