CMU SPRING 2024 FIRST PRACTICE EXAM

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Carnegie Mellon University *

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MISC

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Law

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Feb 20, 2024

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docx

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FIRST PRACTICE EXAM, BUSINESS SOCIETY & ETHICS True-False 1. The U.S. Supreme Court has the power to overrule one of its own precedents. True / False 2. Both federal and state courts statistics show that, despite reforms in recent decades, the number of civil jury trials in America continues to rise. True / False 3. The United States is ranked among the top 5 honorable, efficient countries in the 2022 World Justice Project’s Rule of Law Index. True / False 4. A civil defendant can file a motion requesting the judge to decide the outcome of the case without the case going to the trial stage. True / False 5. Federal regulations cannot conflict with the U.S. Constitution. True / False 6. In both federal criminal and civil trials, defendants will be appointed an attorney to represent them if they cannot afford one. True / False 7. Federal question jurisdiction exists in any suit where the plaintiff's claim is based on the U.S. Constitution, a U.S. treaty, or a federal statute. True / False 8. The only type of relief or remedy that the plaintiff in a civil action can obtain from a court is land, money, or personal property. True / False 9. Once a civil case starts in a state court system, it can never enter into the U.S. (federal) legal system. True / False 10. Critics claim that many lawsuits are less a search for justice and more a pursuit of big dollars for attorneys. True / False 11. The justices of the U.S. Supreme Court are appointed by the President to serve for as long as the term of office for the appointing President. True / False 12. Mediators are neutral third parties who are given the power to try and work out a settlement of legal disputes. True / False 13. Arbitration is often the required dispute-resolution mechanism for employee complaints, and mandatory arbitration clauses are often included in consumer transactions. True / False 14. A primary role of the Constitution is to control the relationship between the national government and the government of the states. True / False

15. Although the U.S. Supreme Court ruled in the Citizens United case that corporate free speech rights cannot be limited by corporate campaign contributions legal limits established by Congress, the Constitution can be amended to restore those legal limits. True / False Multiple Choice 21. The class action is a very useful tool for plaintiffs due to: A. The high cost of litigation B. The great uncertainty of victory C. The likelihood of small individual recoveries, complicating legal representation D. All of the above 22. The last two of the four stages of a civil lawsuit are: A. Depositions and Interrogatories. B. Pleading and Discovery C. Trial and Appellate D. Venue and Class Action 23. All of the following are American rules of law promulgated by statute EXCEPT: A. legislation by the 50 states. B. common law. C. local ordinances. D. legislation by the U.S. Congress. 24. Burg Allure is watching the jury nervously, hoping his attorney can convince them he was merely sleepwalking and did not intend to take the jewelry from the motel room. He does not think the state should have brought the case in the first place, since the rings turned out to be cubic zirconium instead of diamonds. This is a(n): A. civil trial court proceeding.

B. criminal trial court proceeding. C. appellate court proceeding. D. treason. 25. Virtually all parties seeking U.S. Supreme Court review must petition the U.S. Supreme Court for a(n) _____, which commands the lower court to forward the trial records to it. A. change of venue B. interrogatory C. stare decisis D. writ of certiorari 26. The primary information-gathering stage in the pretrial civil process is called: A. Pleadings B. Discovery C. Trial D. Appellate 27. Which of the following sets forth where the judicial power of the United States is vested? A. Article I of the Constitution B. Article II of the Constitution C. Article III of the Constitution D. Article V of the Constitution Short Answer/Essay 31. You pay federal income tax in your job as a student grader at Carnegie Mellon University, located in Pennsylvania. You are upset that the President of the United States, without declaring war, ordered the shooting down of balloons that may have been sent into U.S. airspace by China. None of the balloons were shot down in Pennsylvania. You find a lawyer in the District of Columbia, where the President resides, and that lawyer files a civil lawsuit in federal district court there. Your lawsuit claims that the President’s actions violated Article I, Section 7, Clause 11 of the U.S. Constitution, which states that only Congress has the power to declare war.

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