1) Which of the following is a distinguishing feature of a common law legal system? A. An appeal process
B. The making of law by the judges and the following of precedent C. The sole source of law is a comprehensive civil code
D. Requiring guilt be proven beyond a reasonable doubt
2) Which of the following is true about litigatingcommercial disputes? A. A few states have established specialized trial courts for commercial disputes. B. Businesses generally dislike the concept of specialized trial courts for commercial disputes because the large numbers of consumers who sue businesses in these courts have led the judges to become generally biased against businesses. C. Commercial disputes, because of their specialized nature, are first heard at the appellate court level. D. Nearly all states have specialized trial courts that hearcommercial disputes. 3) The school of jurisprudence that believes that free market forces should determine the outcome to lawsuits is: A. The Critical Legal Studies school
B. The Law and Economics school
C. The Sociological school
D. The Command school
4) Which of the following is true with regards to arbitration? A. The arbitrator’s decisions are never binding.
B. Many states have adopted the General Arbitration Doctrine in an effort to promote arbitration of disputes at the state level. C. Arbitrators enter awards after reaching a decision.
D. More formal evidentiary rules are applied to arbitration hearings. 5) This form of alternative dispute resolution allows both parties to see the strengths and weaknesses of both sides of the case. A. Fact-finding
D. Judicial referee
6) ________ is a form of alternative dispute resolution that is often used when the parties involved do not want to face one another. A. Mini-trial
7) What is the result of the “effects on interstate commerce” test? A. Commercial speech protections apply only to speech that has an effect on interstate commerce. B. Prior to enacting laws, states were required to indentify any effects that the law might have on interstate commerce. C. The federal government can regulate a business activity that takes place within a single state if the activity has an effect on interstate commerce even though the regulated activity itself does not involve interstate commerce. D. The federal government can regulate all interstate commerce that actually crosses state lines. 8) If there is an area of interstate commerce that the federal government has not chosen to regulate, the states can: A. Regulate in that area so long as it first gets the requisite approval from Congress. B. Not regulate in that area because states cannot pass laws affecting interstate commerce. C. Regulate in that area so long as the state law does not unduly burden interstate commerce. D. Regulate without restriction in that area.
9) What are sellers responsible to provide for regarding the assembly of products they sell? A. Adequate instructions for use of the product
B. Adequate instructions for safe assembly and use of the product. C. Adequate instructions for safe assembly
10) If a plaintiff voluntarily enters into or participates into a risk activity that results in injury, what is the most likely defense that he or she may use to a defendant’s claim that the plaintiff assumed the risk? A. Defendant assumed the risk under the “danger invites rescue” doctrine B. Defendant was negligent per se
C. Contributory negligence
D. Comparative negligence
11) Which of the following is true about comparativenegligence and contributory negligence? A. Comparative negligence is used with intentional torts and contributory negligence is used with unintentional torts. B. In order to avoid liability for an unintentional tort, the defendant must prove the presence of both defenses. C. They are two names for the same defense.
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