1. The Most accurate statement regarding appellate court is: a.

Appellate courts often hear new evidence and testimony b. Appellate courts generally accept the factual findings of the trial court c. Only the federal court system has appellate courts d. Appellate courts hear only criminal cases 2. Advantages of Alternative Dispute Resolution include: a. ADR is faster than litigation b. ADR keeps the parties talking rather than fighting c. ADR is less expensive than litigation d. All of the above are advantages of ADR 3. Jurisdiction is: a. The study of the law b. The authority of a court to decide a particular type of case c. A federal court concept d. Applicable only to appeals court 4. Federal Jurisdiction based upon a federal question includes cases based on: a. The United States Constitution b. A federal statute c. A federal treaty d. All of the above 5. Common law refers to: a. Law that is the same or similar in all the states b. Law made when judges decide cases and then follow those decisions in later cases c. Law made by legislatures in the form of statutes d. The legal systems of France, Germany and Italy 6. The three branches of government in the United States are: a. The executive, legislative, and administrative b. The executive, legislative, and statutory c. The executive, legislative, and judicial d. The executive, legislative, and international 7. The Doctrine of Stare decisis: a. Makes the legal process more expensive b. Is an equitable remedy c. Makes the law more predictable d. Is unimportant to the common law 8. All powers not granted to the federal government by the U.S Constitution are retained by a. The states or the people b. Congress c. The president d. Federal administrative agencies

9. The Minnesota legislature passed a law requiring that employers allow each employee adequate time within each four consecutive hours of work to utilize the nearest convenient restroom. This law is: a. An executive order b. An ordinance c. A statute d. A stare decisis 10. Curtis filed a lawsuit against Ulhoff for failure to repair $1000 according to the term of a promissory note. The trial ended before it began with the trial judge granting a motion for summary judgment in favor of Curtis. Ulhoff has appealed, and the Supreme Court of Iowa has remanded the case. This means: a. Curtis automatically wins because he won in the lower court b. Ulhoff automatically wins because he lost in the lower court c. Neither party wins because the case is being thrown out d. We dont know who wins yet because the case is being returned to the trial for a new trial 11. Roberto sued Monica for injuries received in a traffic accident. If Monica does not respond to the complaint and summons served by Roberto within time limits, Roberto may obtain a: a. Judgment on the pleadings b. Summary judgment c. Pretrial conference d. Default judgment 12. In a civil case, the plaintiff must prove the case: a. By a preponderance of the evidence b. By clear and convincing evidence c. Beyond a reasonable doubt d. None of the above, the burden of proof is on the defendant 13. When an appellate court hears a case, it may: a. Affirm the decision b. Reverse the decision c. Modify the decision d. All the above are correct 14. After answering a summons and complaint, Mike received a set of written questions from the plaintiffs attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called: a. A request for admission b. A request for the production of documents c. A deposition d. Interrogatories 15. A civil case generally proceeds as follows: a. Answer, complaint, discovery, trial, verdict b. Complaint, answer, trial, discovery, verdict

16.

17.

18.

19.

20.

c. Complaint, answer, discovery, trial, verdict d. Discovery, complaint, answer, trial, verdict Ethics is the study of: a. Sovereignty immunity b. How people should act c. Respondeat superior d. Victimization The president of the united states a. Creates federal common law b. Oversees administrative agencies c. Determines the constitutionality of statutes d. Passes statutes The United States Supreme Court has the power to: a. Appoint judges to serve on the supreme court b. Declare an act of congress unconstitutional c. Issue executive orders d. Ratify treaties The doctrine of precedent a. Is recognized political power who citizens obey b. Requires that judges decide current cases based on previous rulings c. Is a letter from the administration ordering a court to hear the case d. Authorizes the president to make treaties with foreign nations Which of the following are discovery methods? a. Interrogatories b. Request for admission c. Physical or mental examinations d. All of the above