Expert Answer :ACCT 2701 – A privilege generally involves

Solved by a verified expert :Page 1A&F 2701, Section 1Spring 2017Instructions: Please use a Scantron Card (882-E), one card per team (make certain towrite the names of all team members). For true, mark A. For false, mark b.1)a)b)c)d)2)a)b)c)d)3)a)b)c)d)4)a)b)c)d)5) a)b)c)d)6)a)b)c)d)7)a)b)c)8)a)b)c) A privilege generally involves:Private communicationAny communicationPublic communicationNone of the aboveWho may waive a privilege?The person being asked to testifyOnly the person in legal jeopardy from the information to be disclosed by the testimonyBoth A and BThe trial judgeProof or disproof of a fact in issue is:JurisdictionEvidenceBoth of the aboveVenueWhich of the following kinds of evidence would always be admissible in court?Direct evidenceCircumstantial evidenceRelevant evidenceNone of the aboveLouise has been called to testify. She saw and overhead Jason in front of an office buildingyelling – over and over for about 20 minutes – "My attorney, Tod Zuckerman, is a crook – thebastard stole my money." Zuckerman is now suing Jason for slander, Zuckerman’s attorneywants Louise to testify. Will her testimony be hearsay?YesNoYes, if it falls under an exceptionNo, if it falls under an exceptionThis document requires a witness to appear at a specific place and time.SubpoenaSubpoena duces tecumBoth A and BNone of the aboveExamination means to:Question a witness under oath in courtQuestion a witness under oath at a depositionBoth A and BThis is the final disposition of the case by a judge.VerdictJudgementBoth A and B Page 2d) None of the above9) The party who initiates the appeal is:a) The appellant or petitionerb) The appellee or respondentc) The deponentd) Always the loser10) A prima facie case:a) Means be proven at trialb) Must be established in a complaintc) Both A and Bd) None of the above11) Jurisdiction over property even though the property is not the controversy.a) In rem jurisdictionb) In personam jurisdictionc) Personam in rem jurisdictiond) Quasi in rem jurisdiction12) A case that is sufficient on its face is called:a) Beyond a reasonable doubtb) By a preponderance of the evidencec) Prima facied) Nolo contendere13) The judicial branch of government:a) Interprets the lawb) Enacts the lawc) Enforces the lawd) Creates the lawe) Both (a) and (d)14) This kind of evidence requires an inference:a) Directb) Circumstantialc) Both (a) and (b)d) None of the above15) Which of the following can be admissible?a) Directb) Circumstantialc) Direct and circumstantial can be admissibled) Neither direct nor circumstantial can be admissible16) Bob is charged with murder. Bob’s gun was used as the murder weapon. The fact that Bob’sfingerprints were on the gun is what kind of evidence as to whether he committed the murder?a). Directb). Circumstantial17) Same facts as in #16. The fact that Bob’s fingerprints were on the gun is what kind of evidenceas to whether he touched the gun?a) Directb) Circumstantial18) Denny is charged with rape. Denny’s semen was found inside the alleged victim’s vagina. Thesemen would be what kind of evidence regarding the issue of whether Denny committed rape?a) Directb) Circumstantial19). Same facts as in #18. The semen would be what kind of evidence regarding the issue ofwhether Denny had sexual intercourse with the alleged victim.a) Directb) Circumstantial Page 320. Dorothy is charged with robbery. During the robbery, the thief took a diamond ring. Dorothywas observed selling the diamond ring at a pawn shop. As to the robbery, what kind ofevidence would the attempted sale be?a. Directb) Circumstantial21. This is the questioning of a witness under oath in a deposition or a court room:a. Examinationc) Interviewingb. Hearingd) Trying22. This means legally responsible.a. Damagesc) Liableb. Jurisprudenced) Libel23. The physical location of the trial.a. Jurisdictionc) both aA and Bb. Complaintd) None of the above24. This document informs defendant that s/he is being sued and how s/he shouldrespond.a. Summonsc) Subpoenab. Complaintd) None of the above25. A valid reason to sue is called the:a. Ad damnum clausec) Jurisdictionb. Cause of actiond) None of the above26. Which of the following contains a claim by one party against another?a. Complaintc) Both A and Bb. Answerd) None of the above27. The power of a court to hear (decide) a wide range of civil and criminal matters.a. General jurisdictionc) Broad jurisdictionb. Omnibus jurisdictiond) Unlimited jurisdiction28. The power of a court to make the initial decision in a case.a. General jurisdictionc) Broad jurisdictionb. Omnibus jurisdictiond) Unlimited jurisdiction29. A federal intermediate appellate court is called the United States Courts of Appeal.This court is broken into federal ________ and is frequently called the ______ Courtof Appeals. A _____ is a collection of _________.a. Venues, Trial, Venue, Circuitsc. Circuits, Circuit, Circuit,Districts.b. Venues, Administrative, Circuit, Districtsd. Districts, Superior, SuperiorCourt, Circuits30. A case that is sufficient on its face. That is, if all the facts plaintiff alleges are provedtrue at trial, the plaintiff will deserve to be awarded damages.a. Air tight casec. Prima facie caseb. Legally sufficient cased. None of the above31. This level court has only one judge.a. Trial courtc) US Supreme Courtb. Appellate courtd) State appellate court32. Jurisdiction over the person.a. In remb. In perfectac. Subject matterd. E Pluribus Unume. None of the above Page 433. This is the trial court for federal actions.a. U.S. District Courtc) U.S. Trial Court of Appealsb. U.S. Circuit Courtd) U.S. Administrative Court ofAppeals34. Jurisdiction over property disputes.a. In remc) quasi in remb. In personamd) kind of in rem35. To stand by previous court decisions.a. Obedienceb. Disciplinec. Stare decisisd. Jurisdiction36. Jurisdiction over the controversy (type of case) is:a. Quasi in remc) Subject matterb. In personamd) Quasi in personam37. Admissible evidence is evidence that the jury must believe. T/F38. When a jury or judge finds the defendant not guilty.a. Dismissalc) Forfeitureb. Acquittald) Indictment39. The rule establishing that once a civil case has been decided on its merits it cannotbe relitigated.a. Res jurisdictionc) Collateral estoppelb. Double jeopardyd) None of the above40. This level of court hears evidence.a. Trialc) Trial and appellateb. Appellated) Administrative41. This level of court may have a jury.a. Trialc) Trial and appellateb. Appellated) None of the above42. Service of process is:a. Not required in civil casesb. The delivery of the summons and complaint upon the defendantc. Both of the aboved. None of the above43. This is jurisdiction over the controversy.a. In personam jurisdictionb. Subject matter jurisdictionc. Quasi in rem jurisdictiond. None of the above44. This is an attachment to a piece of property that prevents its sale until a judgementis satisfied.a. Lis pendensb. Lienc. Suitd. None of the above45. A lawsuit is often referred to asa. A claim for reliefb. Res judicatac. Litigationd. None of the above Page 546. What form of discovery may involve a witness who is not a party to the action?a. Interrogatoriesb. Request for productionc. Depositiond. Request for production of documents47. A privilege is:a. The right to refuse to testifyb. The right to prevent someone else from testifyingc. Both A and Bd. None of the above48. A pretrial motion that certain evidence be ruled inadmissible at rial.a. Motion for summary judgementb. Motion for directed verdictc. Motion for judgement NOVd. Motion in liminie49. A post-trial motion to reverse the jury’s decision is called a:a. Motion for summary judgementb. Motion for directed verdictc. Motion for judgement NOVd. Motion for nonsuit50. A fact that is agreed to by all parties is aa. Stipulationb. Depositionc. Examinationd. Jurisdictional statement51. This means that the jury will be allowed to hear certain evidencea. Voir direb. Panelc. Admissibiled. None of the above52. If a party loses at trial:a. No appeal may be brought in a civil case.b. Typically, he or she has the automatic right of at least one appeal.c. He or she may file a notice of appeal.d. He or she may file a writ of certiorari immediatelye. B and c.53. The official collection of documents from trial.a. The venueb. The casec. The recordd. The disposition54. This is what empowers a court to hear and decide the outcome of a legal matter.a. Jurisprudenceb. Jurisdictionc. Juristensiond. Juris secundum55. Most civil cases involve a question ofa. Guiltb. Decencyc. Damages Page 6d. Standards56. Written decision of the trial judge determining the resolution of the dispute beforethe court.a. Motionb. Opinionc. Pleadingd. Discovery57. What kind of evidence requires an inference?a. Direct evidenceb. Circumstantial evidencec. Related evidenced. All of the above58. What kind of evidence is admissible?a. Direct evidenceb. Circumstantial evidencec. Both of the aboved. None of the above59. Which carries more weight in court?a. Direct evidenceb. Circumstantial evidencec. A and b carry the same weightd. Neither A nor B carry weight60. Can a person be convicted of a crime or win a civil case based on circumstantialevidence alone?a. Yesb. Noc. Only if supported by additional direct testimonyd. Yes, but only very rarely61. Can one piece of evidence, such as a weapon, be both direct and circumstantial?a. Yesb. Noc. Only when presented by an expertd. Only when the witness is persuasive62. Admissible evidence is:a. All evidence that is relevantb. Evidence that is privilegedc. Evidence the jury will be allowed to heard. Evidence that the jury must believe63. A privilege means that:a. A witness can refuse to testifyb. A witness can present someone else from testifyingc. A privilege may involve either/both A or/and b.d. A privilege must mean either – but not both – A or b.64. Who owns a privilege?a. The person in legal jeopardyb. Only a person accused of a crimec. Any witnessd. The trial judge65. Which of the following is NOT a privilege?a. clergy/penitent Page 7b. husband/wifec. parent/childd. None of the above are privileges66. Which of the following is NOT a privilege?a. Self incriminationb. Paralegal/clientc. Employer/employeed. None of the above are privileges67. A privilege is not waivable.T/F68. One advantage of arbitration is that it provides the parties with greater opportunitiesfor discovery than litigation does. T/F69. In the United States, there are many separate courts, but only one court system.T/F70. If we are listening to witnesses testify, we must be in a trial court. T/F71. About one-half of all lawsuits settle before trial. T/F72. In a lawsuit for damages, both the plaintiff and the defendant are generally entitledto a jury. T/F73. A federal court has the power to heara. Any caseb. Any case between citizens of different statesc. Any criminal cased. Appeals of any case from lower courtse. Any lawsuit based on a federal law74. Before trial begins, if a defendant in a civil lawsuit believes that even if the plaintiffproves everything he has alleged, the law requires the defendant to win. Thedefendant shoulda. Move for a nonsuitb. Move for a mandatory verdictc. Move for recusald. Move for a directed verdicte. None of the above75. In a civil lawsuita. The defendant is presumed innocent until proven guilty.b. The defendant is presumed guilty until proven innocent.c. The plaintiff must prove her case by a preponderance of the evidence.d. The plaintiff must prove her case beyond a reasonable doubt.e. The defendant must establish his defenses by clear and convincingevidence.76. Mack sues Jasmine, claiming that she caused an automobile accident. At trial,Jasmine’s lawyer is asking her questions about the accident. This isa. An interrogatory.b. A deposition.c. Direct examination.d. Cross-examination.e. Opening statement.77. Neither the federal intermediate appellate courts nor the U.S. District Courts (thefederal trial courts) have the jurisdiction to review (accept appeals from) thedecisions of the highest state courts. T/F Page 878. The U.S. Supreme Court, which has national jurisdiction, hears appeals from the 13U.S. Courts of Appeals . Additionally, it also accepts reviews from the highest statecourts when a question about a constitutional issue or some other federal questionis involved. T/F79. Secondary authority is authority that explains the law but does not establish it . T/F80. Persuasive authority is authority that carries some weight but is notbinding/controlling/mandatory on the court. T/F81. Identify one of the co-auhors of The Federalist Papers.a. Ben Franklinb. Thomas Jeffersonc. John Adamsd. Samuel Adamse. None of the above82. The authors of The Federalist Papers had a cynical view of human nature. T/F83. A Federal court can invalidate the actions of :a. A state governorb. A state legislaturec. A presidentd. The Congresse. All of the above84. A federal court can – under the power of judicial review – strike down ,for anyreason, any action a state legislature/governor takes. T/F85. Who has the final word in interpreting the U.S. Constitution?a. Congressb. Presidentc. U.S. Supreme Courtd. None of the above86. What case ended the Jim Crow era of "separate but equal" in public education?a. Marbury v. Madisonb. Brown v. Board of Educationc. Palsgraf v. Long Island Railkroadd. Plessy v. Fergusone. None of the aboveof the above87. Civil law etablishes rules to protect society from acts of individuals that areconsidered dangerous/ potentially dangerous that they threatren peace and orderwithin a society. T/F88. To win a civil lawsuit, the plaintiff must prove the defendant’s guilt beyond areasonable doubt. T/F89. Under our civil justice system, the losing party must pay the winning party’sattorney’s fees. T/F90. In a civil lawsuit, the losing dendant faces punishment in the form of imprisonmentor fines. T/F91. Which statement below about the U.S. Supreme Court is true:a. It has national jurisdiction.b. It hears appeals from the thirteen U.S. Courts of Appeals and from thehighest state courts when a question about a constitutional issue or someother federal question is involved. Page 9c. Typically, it hears cases that concern matters of great national importanceand not cases that impact only the parties involved in the lawsuit.d. There is no absolute right of appeal to the U.S. Supreme Court.e. All of the above.92. In the United States, our ____ serve as the supreme protector of the rights of theindividual.a. Presidentb. Congressc. Judiciaryd. Presse. None of the above93. No court in the U.S. has the power to decide every kind of case. T/F94. A case can be properly brought in a certain court only if the court has jurisdictionover the _______ and over the _______ of the disputea. Case and subject matterb. Parties and subject matterc. Subject matter and typed. All of the abovee. None of the above95. Select a frequent reason why business owners often prefer arbitration overlitigation:a. To reduce legal costs.b. To reduce delay in resolution of the dispute.c. To avoid the potential of "runaway" jury awards.d. To avoid public exposure.e. All of the abvove96. An arbitrator assists the parties in reaching settlements – she is a conciliator andmessenger. T/F97. Damages (to compensate the plaintiff monetarily for the loss she sustained) is anequitable remedy. T/F98. Ethics is strongly related to the law. T/F99. The first 10 amendments to the U.S. Constitution is called the_________________.a. Big 10b. Bill of Rightsc. Magna Cartad. Supplement to the Constitutione. Addendum to the Costitution100. The U.S. Constitution is the supreme claw of the land. T/F