Paralegal Studies 101

Front 1

A body of law developed from custom or judicial decisions in English and U.S. courts and not attributable to a legislature is known as:

Back 1

Common law

Front 2

A court decision that furnishes an example or authority for deciding subsequent cases in which identical or similar facts are presented is called:

Back 2

A precedent

Front 3

___ is a flexible doctrine of the courts, recognizing the value of following prior decisions in cases similar to the one before the court.

Back 3

Stare decisis

Front 4

In establishing the common law, the king's courts sought to provide a uniform set of customs for:

Back 4

The entire country

Front 5

Which of the following describes the useful functions of the doctrine of stare decisis?

Back 5

Efficiency
Consistency
Stability and predictability
(All of the above)

Front 6

Occasionally, a court will depart from precedent if:

Back 6

The precedent is incorrect or clearly erroneous
It is a case of first impression
Technological or social changes have made the precedent inapplicable
(All but D)

Front 7

In the cases Brown v. Board of Education of Topeka, the United States Supreme Court held that:

Back 7

Separate educational facilities for whites and African Americans were inherently unequal.

Front 8

A case presenting a legal issue that has not yet been addressed by a court in a particular jurisdiction is known as

Back 8

A case of first impression

Front 9

When deciding cases of first impression, courts may consider which of the following factors:

Back 9

Legal principles and policies underlying previous court decisions or statutes
Fairness
Social values and customs
Public policy
(All of the above)

Front 10

The study of theories of law is often referred to as:

Back 10

Jurisprudence

Front 11

Developments in technology often outpace the law, resulting in cases for which there is no precedent. Such cases are referred to as:

Back 11

Cases of first impression

Front 12

__ are courts in which the only remedies that could be granted were money, items of value, and land, and which were distinct from courts of equity of the English king's court

Back 12

Courts of law

Front 13

Money damages are an example of a

Back 13

Remedy at law

Front 14

__ was an adviser to the king in medieval England who received petitions that could not be granted an adequate remedy at law.

Back 14

The chancellor

Front 15

A remedy allowed by courts where remedies at law are not appropriate that is based on rules of fairness, justice, and honesty is called a:

Back 15

Remedy in equity

Front 16

A court that was created to decide cases where there was no adequate remedy at law is called :

Back 16

A court of equity

Front 17

Which of the following are equitable remedies:

Back 17

Specific performance
Rescission
Injunction
(All but D)

Front 18

__ is an equitable doctrine that bars a person's right to legal action if the person has neglected, for an unreasonable length of time, to act upon his rights.

Back 18

Lachcs

Front 19

Propositions or general statements of rules of law that are frequently involved in equity cases are called:

Back 19

Equitable principles and maxims

Front 20

What is true of equity?

Back 20

Law and equity have merged, so today the same court can award both remedies

Front 21

__ is an equitable remedy requiring the performance that was specified in a contract and is granted only when money damages are inadequate and where the subject matter of the contract is unique.

Back 21

Specific performance

Front 22

__ is a remedy by which a contract is terminated and the parties are returned to the positions they were in before the contract was made.

Back 22

Rescission

Front 23

A court decree ordering a person to perform or to refrain from performing a certain act is known as:

Back 23

An injunction

Front 24

Margo, who has inherited her grandmother's house and its contents, discovers a painting in the attic and enters into a contract to sell the painting to Antiques Unlimited Inc. As Margo is loading the painting into the car, she notices the name van Gogh in the lower right-hand corner and takes the painting to an art dealer for appraisal. When Margaret learns that it is indeed a rare van Gogh painting, she refuses to sell it to Antiques Unlimited Inc. What remedy would Antiques Unlimited Inc. seek?

Back 24

Specific performance

Front 25

Mark and Mary Smithson purchase their first home and despite a thorough building inspection, discover later that the house has a cracked foundation. The seller had guaranteed in the real-estate sales contract that this condition did not exist. Mark and Mary immediately put the house up for sale, but when two years later they are still unable to sell it, they file a lawsuit against the seller. What equitable remedy would Mark and Mary seek?

Back 25

Rescission

Front 26

Lilly and John get a divorce. John constantly follows his ex-wife, harasses her, and verbally abuses her. What equitable remedy may Lily seek?

Back 26

Injunction

Front 27

Today the body of common law is referred to as the common law, judge-made law, or __.

Back 27

Case law

Front 28

A case title, or style, indicates which of the following?

Back 28

The name of the parties to the lawsuit

Front 29

Thomas v. Robertson is an example of:

Back 29

A case title

Front 30

Which of the following are true regarding case titles?

Back 30

Only the parties' last names are used
The "v" in the cases title stands for "versus"
In the trial court, the plaintiff's name appears first
Before some appellate courts, the name of the party appealing the decision is placed first
(All of the above)

Front 31

Which of the following is based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs?

Back 31

Legal realism

Front 32

The __ provides information indicating where a case, statute, constitution, or other law may be found.

Back 32

Citation

Front 33

A plaintiff or defendant in a lawsuit is called a:

Back 33

Judge(????)

Front 34

When a judge or justice agrees with the majority opinion but for different reasons and wants to make a point, the judge or justice's opinion is called a __ opinion.

Back 34

Concurring

Front 35

Which of the following amendments protects free speech on the Internet?

Back 35

The First Amendment

Front 36

The first ten amendments to the U.S. Constitution are called:

Back 36

The Bill of Rights

Front 37

Which of the following sources of law is considered to be the supreme law of the land?

Back 37

U.S. Constitution

Front 38

A judge or justice who does not agree with the majority writes a __ opinion.

Back 38

Dissenting

Front 39

In constitutional law, the role of the United States Supreme Court is to:

Back 39

Interpret and define the boundaries of the rights guaranteed by the constitution

Front 40

The First Amendment to the U.S. Constitution guarantees which of the following rights?

Back 40

The right to freedoms of religion, speech, and press
The right to peaceful assembly and to petition the government
(B and D only)

Front 41

The Fourth Amendment to the U.S. Constitution prohibits which of the following?

Back 41

Unreasonable searches and seizures of persons or property

Front 42

The Sixth Amendment of the U.S. Constitution guarantees which of the following rights?

Back 42

The right to a speedy and public criminal trial by an impartial jury

Front 43

In a criminal case, the Sixth Amendment to the U.S. Constitution guarantees the accused which of the following rights?

Back 43

The right to a speedy and public trial by an impartial jury
The right to counsel
The right to cross-examine witnesses against him
The right to solicit testimony from witnesses in his favor
(All of the above)

Front 44

The Seventh Amendment to the U.S. Constitution guarantees which of the following rights?

Back 44

The right to a jury trial in a civil case involving at least $20

Front 45

What is true about state constitutions?

Back 45

Unless in conflict with the U.S. constitution, a state constitution is supreme within the state's borders

Front 46

Julie's religion prevents her from working on Saturdays. She is told by her employer that if she does not work Saturdays, she will be fired. Julie sues, claiming that her __ rights have been violated.

Back 46

First Amendment

Front 47

A(n) __ is a written law enacted by a legislature under its constitutional law-making authority.

Back 47

Statute

Front 48

A(n) __ is an order, rule, or law enacted by a municipal or county government to govern a local matter unaddressed by state or federal legislation

Back 48

Ordinance

Front 49

__ is the systematic and logical collection and organization of a body of concepts, principles, decisions, or doctrines.

Back 49

Codification

Front 50

The body of statutory law in the United States has expanded greatly since the inception of the country. The reasons for this growth include:

Back 50

Codifying common law doctrine
The need to regulate businesses and other activities
The need for uniform laws among the states
(All of the above)

Front 51

A law that violates the U.S. Constitution or one of its amendments will be declared

Back 51

Unconstitutional

Front 52

__ is a body of law created by agencies in the form of rules, regulations, orders, and decisions used to carry out their duties and responsibilities.

Back 52

Administrative law

Front 53

__ is/are statutes enacted by Congress that authorize the creation of administrative agencies and specify the name, composition, and powers of the agency being created.

Back 53

Enabling legislation

Front 54

A system of law derived from the Roman empire and based on code law, not case law, describes what concept?

Back 54

Civil law systems

Front 55

The key difference between national law and international law is:

Back 55

National law can be enforced by government authorities
International law is enforced primarily for reasons of courtesy or expediency
(A and C only)

Front 56

The law that governs relations among nations and has customs and treaties as two of its most important sources is called:

Back 56

International law

Front 57

A state statute permitting a state to obtain jurisdiction over nonresident defendants, as long as the defendants have "minimum contacts" with the state. This defines which of the following concepts?

Back 57

Long arm statute

Front 58

Attorney Rock files an auto negligence case in the county circuit court. All of the parties are residents of the same state, and the trial will take place before the county court. What type of jurisdiction does the county court have?

Back 58

Original jurisdiction

Front 59

When deciding whether a case should be filed in state or federal court, one should:

Back 59

Evaluate the likelihood of winning in each court
Evaluate the length of time it will take each court to decide the case
Evaluate the jury pool available for each court
(All but B)

Front 60

A court having jurisdiction over proceedings concerning the settlement of a deceased person's estate is called:

Back 60

A probate court

Front 61

A Wisconsin bank wants to foreclose on a vacation home located in Petosky, Michigan. The vacation home is owned by a resident of Chicago, Illinois. In this situation, a foreclosure action could be brought in the Michigan state court on the basis of the court's jurisdiction.

Back 61

In rem

Front 62

Which of the following is true of in personam jurisdiction?

Back 62

A court may generally exercise personal jurisdiction over residents within its geographical area
Using a long arm statute, a court can exercise personal jurisdiction over nonresidents
(A and C only)

Front 63

Which of the following is true of in rem jurisdiction?

Back 63

It allows courts to exercise jurisdiction over property that is located within its boundaries

Front 64

Which of the following is true regarding subject-matter jurisdiction?

Back 64

It is a limitation on the types of cases a court can hear

Front 65

A state trial court that can hear a variety of different matters, from civil lawsuits to criminal actions to divorce and child-custody matters, is called:

Back 65

A court of general jurisdiction

Front 66

Courts whose subject matter is restricted are called courts of __ jurisdiction.

Back 66

Limited

Front 67

A court in which most cases begin and in which questions of fact are examined is called:

Back 67

A trial court

Front 68

__ is the power of a court to review cases previously tried in a lower court and to decide them without holding another trial.

Back 68

Appellate jurisdiction

Front 69

A court that reviews decisions made by lower courts, such as trial courts, is called:

Back 69

An appellate court

Front 70

John Doe was convicted of larceny from a building. His attorney believes that evidence admitted against John violates his Fourth Amendment rights. John's attorney presents the case to a(n) __ for review.

Back 70

Appellate court

Front 71

A question that pertains to the U.S. Constitution, acts of Congress, or treaties and provides a basis for jurisdiction by the federal courts is called:

Back 71

Federal-question jurisdiction

Front 72

A lawsuit between citizens of different states provides a basis for a federal court to hear the case based on __

Back 72

Diversity jurisdiction

Front 73

Diversity of citizenship cases filed in the federal district court may arise between:

Back 73

Citizens of different states

Front 74

A federal court would have diversity jurisdiction in what case?

Back 74

A driver from New Jersey seeks to recover damages from an auto accident with a driver from New York, and the accident took place in New York.

Front 75

The federal district courts have jurisdiction over which of the following types of civil cases?

Back 75

Federal questions
Diversity of citizenship
(B and D only)

Front 76

__ is a jurisdiction that exists when two different courts have the power to hear the same case, such as when a case can be heard in either a federal or state court.

Back 76

Concurrent jurisdiction

Front 77

Jurisdiction that exists when a case can be heard only in one court is called:

Back 77

Exclusive jurisdiction

Front 78

Tim Martin wants to bring a patent-infringement lawsuit agains the Widget Manufacturing Company. The only court that can hear patent-infringement cases is the federal district court because:

Back 78

Federal district courts have exclusive jurisdiction over patent and copyright infringement cases.

Front 79

The geographical district or location in which a case is tried and from which the jury is selected is called:

Back 79

Venue

Front 80

The concept of venue reflects the policy that:

Back 80

A lawsuit should be tried in the geographic neighborhood in which the incident leading to the lawsuit occurred.

Front 81

__ is the requirement that an individual must have a sufficient stake in a controversy before she can bring a lawsuit; in other words, it is the requirement that the plaintiff suffered harm.

Back 81

Standing to sue

Front 82

A controversy that is real and substantial, as opposed to hypothetical and academic, is known as:

Back 82

Justiciable controversy

Front 83

Before a plaintiff can bring a lawsuit, the plaintiff must meet which of the following requirements?

Back 83

Standing to sue
A justiciable controversy
(A and C only)

Front 84

Which of the following is true regarding the procedural rules of the courts?

Back 84

The federal court rules are set forth in the Federal Rules of Civil Procedure
State court rules vary from state to state
State court rules may vary from court to court within a state
Rules of civil procedure are different from rules of criminal procedure
(All of the above)

Front 85

Paralegals specializing in the field of litigation may perform which of the following tasks?

Back 85

Drafting a motion to dismiss a case
Drafting complaints
(A and C only)

Front 86

Electronic filing of court documents:

Back 86

Can result in reduced time and paperwork
Can place a burden on parties not having the equipment to read electronic filings
(A and B only)

Front 87

Which of the following is true of most state court systems?

Back 87

They have trial courts of limited jurisdiction
They have trial courts of general jurisdiction
They have a highest state court -- often called the state supreme court
(All of the above)

Front 88

Trial courts primarily determine:

Back 88

Questions of fact

Front 89

Which of the following is true of state appellate courts?

Back 89

Appellate courts defer to a trial court's finding of fact

Front 90

The federal court system consists of which of the following courts?

Back 90

The district court
The court of appeals
The Supreme Court
(all but A)

Front 91

The trial court on the federal level is called:

Back 91

The district court

Front 92

The U.S. district courts have jurisdiction over:

Back 92

Federal question cases
Diversity of citizenship cases
Federal criminal law
(All of the above)

Front 93

Which of the following is true of the U.S. courts of appeals?

Back 93

District court decisions are appealed to the circuit in which the district court is located
There are thirteen circuit courts of appeals
Decisions of the court of appeals may be appealed to the United States Supreme Court
(All of the above)

Front 94

The federal circuit court of appeals has authority over:

Back 94

The Court of Federal Claims

Front 95

A __ is an order issued by the Supreme Court to a lower court requiring the lower court to send the record of the case to the Supreme Court for review

Back 95

Writ of certiorari

Front 96

Which of the following is the rule of the United States Supreme Court under which the court will not issue a writ of certiorari unless at least four justices approve of the decision to issue the writ?

Back 96

The rule of four

Front 97

The resolution of disputes in ways other than those involving the judicial process is known as:

Back 97

Alternative dispute resolution (ADR)

Front 98

__ is a method of settling disputes outside of court by using the services of a neutral third party who acts as a communicating agent between the parties. This method is less formal than arbitration.

Back 98

Mediation

Front 99

The settling of a dispute by submitting it to a disinterested third party (other than the court), who renders a decision that may or may not be legally binding is called:

Back 99

Arbitration

Front 100

In the context of ADR, the decision rendered by an arbitrator is called a(n)

Back 100

Award