This is for my midterm. Legal, Law, Financial Law. Some questions may have multi


This is for my midterm. Legal, Law, Financial Law. Some questions may have multiple answers, it will say in the question to select all that apply. The file I provided also has the questions.
The pleading phase of a civil lawsuit involves
The defendent’s lawyer cross examining witnesses
The judge asking the jury to apply the law to the facts
The filing of a complaint and an answer
The plaintiff seeking evidence to prove his/her case
Jurors requesting to be excused from the jury service due to child care responsibilities
2. Which of the following statements is/are true about jury service in the United States? CHOOSE ALL THAT APPLY
A juror is meant to represent the conscience of the community
Jury service is an important part of our democratic government
The process of questioning potential jurors in order to obtain an unbiased jury is called a venire
A lawyer may automatically exclude women or people of color from the jury simply on a gut feel
Only potential jurors who do not have work or other conflicts are required to report for jury duty
3. Which statements is/are true about crimes committed by business? CHOOSE ALL THAT APPLY
A month after her father was sworn in as President, Ivanka Trump’s company wanted to obtain trademark protection in China for goods sold there. When the president of China visited the U.S., her company threw a lavish party at the Trump Tower to honor him. The Chinese government approved the trademarks a month later. These circumstances prove that Ivanka’s company violated the Foreign Corrupt Practices Act.
The death of a worker due to unsafe conditions can lead to a company being charged with murder
Individuals, but not corporations, can be prosecuted for violating the RICO Statute
The crime of money laundering involves concealing the source of money that has been obtained illegally
When a corporation commuts a bad act, it can be sued in a civil lawsuit, but it cannot be prosecuted criminally because a corporation cannot be sent to prison
4. Depositions and interrogatories are part of a legal process known as:
Discovery
The directed verdict
Pleading
Voir dire
5. In a tort case, a plaintiff can recover all of the following EXCEPT:
Punitive damages
Damages for pain and suffering
A plaintiff can recover all four of those types of damages
Noneconomic damages
Future damages
6. In criminal cases, the burden of proof is ________, while in civil cases, the burden of proff is___________.
Beyond a reasonable doubt, preponderance of the evidence
Total certainty, 50% certainty
Innocent until proven guilty, a preponderance of the evidence
A preponderance of the evidence, beyond a reasonable doubt
Beyond a reasonable doubt, beyond a reasonable doubt
7. Which of the following is/ are NOT a purpose/purposes of the criminal law in the United States? CHOOSE ALL THAT APPLY.
To enforce moral judgements
To exercise public control over private retribution
To defer wrongdoers
To provide compensation to victims
To determine whether society has been harmed
8. The question of whether police must obtain a warrant to search a cell phone after arresting its owner:
Depends on whether the cellphone is passcore protected
Has been settled. The supreme sourt has ruled that, because cell phones are like wallets and police can search wallets without obtaining a warrent, they can search cell phones without obtaining a warrant
Is settled in California, because the state enacted a statute requiring police to obtain a warrant in order to search a cell phone
None of the four substantive statements are correct
In unclear because cell phones did not exist at the time the fourth amendment was added to the Constitution
9. Robert is Marita’s boss in the accounting department at Universal Studios. He orders her to cash three checks written by customers and give the money to him. Under which of the following circumstances is Marita most likely to avoid conviction for a crime?
Marita testifies that she didn’t realize that what Robert was asking her to do was a crime
Robert accompanies her to the bank and has a loaded gun in his jacket
Marita testifies that her failure to eat breakfast that day led to a diminished capacity to make wise decisions
Robert threatens her with loss of her job if she does not commit the crime
Robert threatens to tell upper management that Marita is having an affair with the CFO if she does not commit the crime
10. The purpose of a long-term statute is to:
Determine where a state court can exercise jurisdiction over people or businesses that are not physically present in the state
Allow the high court to reach out to choose which cases it will hear
Allow cases involving state law to be heard in federal court
Allow the U.S. Supreme sourt to decide cases of international law
Allow courts to reach back far in time for relevant precedence
11. The Gonzales family was playing a game of Jarts when one of the cousins was hit in the leg by the pointed metal tip of a jart. Which outcome is most likely if the cousin sues the store where the game was purchased?
The cousin will lose because a retail store is not responsible for the design of an unsafe product
The cousin will lose because the benefit of the game is outweighed by the risk of injury
None of these four outcomes is likely under the law of product liability
The cousin will lose because there is no way to make the Jart’s game safe
The cousin will lose because he was not the purchaser of the game
12. The police most likely will be required to obtain a search warrant when they:
Pat down someone they have stopped on the street
Want to track a vehicle using a GPS device
Hear screams coming from inside a house
Want to look down at a backyard from a helicopter
Stand near someone and eavesdrop on their conversation
13. Which statements are TRUE about crimes committed in the course of doing business? Choose all that apply.
Ivanka Trump’s company wanted to obtain trademark protection in China for goods sold there. When the president of China visited the U.S., her company threw a lavish party at Trump Tower to honor him. The Chinese government approved the trademarks a month later. These circumstances prove that Ivanka’s company violated the Foreign Corrupt Practices Act.
Henry is an investment manager for Clayton Kershaw. Kershaw gave Henry $100,000 to invest in Louisville Slugger Company stock. Instead, Henry took the money and bought himself a Tesla. Henry has committed the crime of embezzlement.
Corporations can be sued in civil court, but they cannot be prosecuted criminally because a corporation cannot be sent to prison.
A human resources manager at Fresh Foods hired unauthorized workers. No one else at the company knew that the workers were not eligible to work in the U.S. Fresh Foods can be found guilty of committing a federal crime.
The RICO statute (Racketeering Influenced and Corrupt Organizations Act) cannot be used against legitimate businesses because Congress intended the law to combat organized crime.
14. A purpose of discovery is to:
encourage settlement or the case
assist the judge in investigating the case.
help parties assess the strength of a case.
give the defendant an opportunity to destroy damaging evidence before it can be presented at trial.
allow the defendant to discover who is suing him or her
15. A plainclothes police officer happened to be at a Starbucks when he overheard a conversation between Jason and Karina, who were sitting at the next table. Jason asked Karina if she would help him to rob the Wells Fargo bank down the street. If the officer arrested Jason on the spot, which crime would he most likely be charged with committing?
Jason will not be charged with any crime because the othcer did not have a warrant to arrest Jason
Conspiracy to commit robbery
Robbery
Attempted robbery
Solicitaton to commit robbery
16. The term “jurisdiction” refers to the court’s power: CHOOSE ALL THAT APPLY
To hear particular types of cases
To force a witness to testify
To hear cases that arise in certain geographic areas
To assemble a group of potential jurors
Over the defendant
17. When a neutral third party imposes a resolution on a dispute in an informal setting, this is called a:
Arbitration
Mediation
Negotiation
Adjudication
None of these terms are correct
18. Dick shoots Nino. Under what circumstances is Dick LEAST blameworthy?
While duck hunting, Dick fails to use his rifle’s safety catch. He trips over a branch and drops the rifle. The gun fires and kills Nino.
Dick and Nino are hunting when Dick decides to tease his friend Nino by shooting over his head. Dick’s aim is off and he shoots Nino in the face.
Dick, his wife, and Nino go on a duck hunting trip. Dick finds Nino in bed with his wife in the hunting cabin and shoots him.
While duck hunting, Dick eaves his rifle towards Nino to make a point as they debated Nino’s decision in the Energy Task Force case. Dick did not have the safety catch on the rifle and it discharges.
Dick and Nino are hunting. Dick sneaks up behind Nino and shoots him in the back.
19. While driving her SUV home from high school, Jennifer suffers a heart attack and runs into four people on the sidewalk, waiting for the bus, injuring them. Most likely, will Jennifer be liable for committing a tort?
Most likely Jennifer will not be liable under tort law
Yes, Jennifer will be liable under strict liability, because driving a car is abnormally dangerous
Yes, Jennifer will be liable for negligence
Jennifer will be liable only if she is over the age of 18
Yes, Jennifer will be liable for assault
20. “Actus reus” refers to the element of a crime that sets forth:
A voluntary physical act and the prohibited harm to society only
The mental state required of the actor, along with the voluntary physical act and the harm to society
The mental state required of the actor and the voluntary physical act only
The voluntary physical act only
The prohibited harm to society only
21. In the adversarial system, the role of the judge is to _________, while the role of the jury is to ___________.
Explain the applicable law to the jury, discover the truth behind the lawsuit
Determine whether the jury can consider certain evidence, appy the law to the facts
Investigate the facts of the case, renver a verdict in the case
Determine the credibility of witnesses, determine which law is relevant to the crime
Assist the parties to the lawsuit who do not have attorneys, determine the amount of damages that a defendant will have to pay
22. As a result of the U.S. Supreme Court’s decision in Miranda v. Arizona (1966):
The police are required to get a warrant if they want to search someone’s home
People who are arrested must be informed of their constitutional right s
The government will provide a lawyer to a defendant who cannot afford one
The police may no longer interrogate people who are arrested
Evidence seized without a warrant may not be admitted at trial
23. Which of the following statements correctly describe(s) the role of the appellate court? CHOOSE ALL THAT APPLY
The appellate court can decide whether the trial judge correctly decided to admit a document into evidence.
The appellate court may re-examine the evidence in order to determine if the jury reached the right verdict during trial.
The appellate court may consider whether the trial judge gave the jury the correct law to apply to the facts.
The appellate court may hear new evidence in the case.
The appellate court may determine if a witness who testified at trial was telling the truth.
24. _________ ends a trial prior to the defendant on putting his or her case.
Voir dire
Mediation
A directed verdict
Discovery
Jury’s deliberation
25. Which of the following statements about lawyers’ fees in civil lawsuits is/are TRUE?
The contingency fee system aryantages wealthy plaintifs.
The American system requires a plaintiff who loses her case to pay the attorney’s fees of the defendant
States have outlawed the contingency fee system, because it creates a conflict of interest between the client and the attorney
Both plaintiffs and defendants can hire attorneys on a contingency fee basis.
26. Which of the following statements is/are TRUE about the exclusionary rule? CHOOSE ALL THAT APPLY.
The Supreme Court has carved out a number of exceptions to the exclusionary rule.
The Fourth Amendment states that illegally seized evidence must be excluded at trial.
The exclusionary rule is controversial.
The exclusionary rule outlaws all warrantless searches.
The exclusionary rule is designed to benefit people who are the victims of illegal searches who are ultimately not charged with a crime
27. In criminal law __________, while in tort law ______________. CHOOSE ALL THAT APPLY.
The focus is on wrongdoing to an individual, the focus is on wrongdoing to society
A wrongdoer is rarely charged with a crime when his or her behavior is negligent, totally negligence is the predominant tort
The victime has the right to choose the prosecutor, the plaintiff is able to choose his own attorney
The defendant may be provided an attorney by the government, the defendant must pay for her own attorney
Money ordered to be paid by the defendant is divided between the vicitme and the government, money ordered to be paid by the defendant goes to the victim
28. Which of the following statements is TRUE regarding the duty of care in a negligence law?
The fact that a defendant’s actions injured the plaintiff proves that the defendant violated a duty of care
If a defendant can foresee an injury to a particular person, she has a duty to act reasonably towards that person
As long as a doctor practices medicine reasonably, she will fulfill the duty of care to her patients
Jim set up a trampoline in his backyard, A grandchild visiting his neighbor across the street wandered into Jim’s yard, jumped on the trampoline, and injured himself. Jim owes a duty of care to the child only if he knew that his neighbors had grandchildren.
A defendant owes a duty of care to the plaintiff only if a statute imposes such a duty.
29. Which of the following statements is TRUE about diversity jurisdiction?
It allows a plaintiff to have home court advantage in the state in which he lives
None of the fourt substantive statements currently describes diversity jurisdiction
It describes cases that begin in the state court system but end up in the United States Supreme Court
It involves cases where individuals use businesses
It provides a way for a plaintiff to use a lawsuit in federal court when the defendant lives in another state
30. Which of the following statements regarding the tort of negligence is/are TRUE?
A jury will determine whether the defendant’s conduct proximately caused the plaintiff’s injuries
The plaintiff always has the burden to prove that the defendant’s conduct was negligent
As long as a plaintiff can prove that the defendant acted unreasonably, it doesn’t matter whether the plaintiff suffered injuries from negligence
An injury is said to be proximately caused by the defendant’s conduct when “but fore” the conduct the injury would not have occured
All four of the substantive statements are true


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