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1. The U.S. Supreme Court consists of seven Supreme Court justices. True or false 2. The United States Supreme Court reviews cases to ensure that the opinions and actions of the lower courts comply with the U.S. Constitution. True or false 3.The United States Supreme Court case Miranda v. Arizona, which states that officers must read the Miranda warnings at the time of arrest and questioning, is controlling law. This published court opinion is known as _________________ and should be followed by a future court when deciding a case with similar facts and issues. A.statutory law B.uniform statutes C.precedence D.administrative law 4.A group of environmentalists are planning a protest march. The group applied to the local city government and requested a protest permit. The city denied the application for protest permit. The environmentalists plan to file a lawsuit and will argue that the city violated its right to freedom of speech. The environmentalists' lawsuit will raise a constitutional issue. The lawsuit may be filed in the _____________ court system. A.administrative law B.probate law C.federal D.small claims 5.The Fourth Amendment regarding "unreasonable searches and seizures" is found in which source of law? A.case law B.statutes C.U.S. Constitution D.administrative law 6.If federal courts are granted exclusive jurisdiction over a subject matter, then state courts cannot hear the matter. A. True B. False 7.If a Defendant engages in systematic and continuous contacts with a jurisdiction, then the minimum contacts requirement is satisfied. A. True B. False 8.Jim lives in Nevada but owns a ranch in Texas. Jim purchased the ranch from Jack who resides in New Mexico. Three months after the purchase, Jim discovers that the ranch house is infected with termites. Jim plans to sue Jack. May Jim file the lawsuit in a Texas state court? A.No, the lawsuit must be filed in Nevada because it has exclusive jurisdiction. B.Yes, the lawsuit may be filed in Texas because Texas has in rem jurisdiction. C.No, because New Mexico has in rem jurisdiction. D.Yes, because Texas has exclusive jurisdiction. 9. Rock Star, a resident of New York, stays in New York 7 of 12 months of the year. Rock Star conducts performances in 48 of the 50 states. Rock Star does not perform in Louisiana and Nevada. Recently, he performed a concert in California. Rock Star also maintains a home in California and stays in the home whenever he performs in California. During the recent California concert, Rock Star threw his guitar into the crowd. The guitar hit Betsy in the head and resulted in a serious head injury. Betsy's medical expenses alone totaled $105,000. Betsy plans to sue Rock Star due to his negligence in California state court. _____________________ law will be binding on Betsy's lawsuit. A.California B.Nevada C.Louisiana D.New York 10. If a state and federal court have concurrent jurisdiction and the plaintiff files the action in state court, the defendant may file a _______________ and request that the matter be heard in federal court. A.Motion to Suppress B.Motion to Remove C.Motion to Quash D.Motion to Strike 11. A federal court may hear a matter if the case involves citizens of different states and the amount in dispute exceeds $75,000. A. True B. False 12.Substantive and procedural laws are similar and the terms may be used interchangeably. A. True B. False 13. As a result of the same actions or factual scenario, a person may be found not guilty in a criminal matter but ordered to pay monetary damages in a civil matter. A. True B. False 14.Jimmy rear-ended a vehicle on the Boston Expressway. Jimmy was driving 95 mph. Massachusetts law states that "if a person is driving 20 mph over the posted speed, he or she is guilty of criminal speed" and is guilty of a crime. The posted speed in the area that Jimmy traveled was 75 mph. As a result of the accident, the passenger in Jimmy's car was injured. What type of case may result from the accident? A.A criminal case because Jimmy's actions constitute a crime. B.A civil case because Jimmy's actions constitute a tort. C.Both civil and criminal cases because Jimmy's excessive speed is a crime and may also constitute a tort. D.An administrative case because Jimmy's action violates a procedural rule. 15. When categorizing a case, the legal student must determine if________________. A.the case is a criminal or civil matter B.the Constitution or federal statutes are applicable C.the parties have income and if an attorney should be appointed D.the parties are available to testify at the trial 16. The unofficial reporter contains numbered summaries of each key legal point found in the case. A. True B. False 17. All judicial opinions are published. A. True B. False 18.According to the concept of ____________ a court is bound by the previous judicial opinions issued by courts in the same jurisdiction with similar facts and legal issues. A.case briefing B.legal analysis C.stare decisis D.first impression 19.______________ constitutes the history of the proceedings and is often found at the beginning of the opinion. A.The procedural facts B.The statement of the facts C.The conclusion D.The reasoning 20. A court may review the legislative history of a statute; this practice is an example of ____________. A.prima facie case B.stare decisis C.first impression D.rules of construction
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