EXAM SCRIPT 2026 FULL SOLUTION
QUESTIONS AND CORRECT ANSWERS
ALREADY PASSED
◉ What is the geographical name for the area served by each U.S.
court of appeals. Answer: Circuit
◉ Which cases arise under the U.S. Constitution, treaties, and federal
statutes and regulations. Answer: Federal question cases
◉ What is a primary function of state supreme courts. Answer:
Hearing appeals from intermediate appellate state courts
◉ What is the requirement for a federal court to hear a diversity of
citizenship case?. Answer: Two different states and the suit exceeds
$75,000
◉ What are the three branches of government in the United States?.
Answer: The executive, legislative, and judicial
◉ Which of the following is an accurate statement regarding
alternative dispute resolution (ADR)?. Answer:
,◉ A landlord is receiving constant complaints about a tenant's loud
music. He does not want to lose the tenant, and he would like to
resolve the issue. The landlord wants to hire a neutral third party to
help reach an agreement.
Which method would be the best to accomplish this?. Answer:
Mediation
◉ Talia's car is hit by William's truck after Talia has driven from her
home in New York to North Carolina. Talia is transported to a
hospital in North Carolina. Her medical and other bills total over
$100,000. Talia wants to sue in federal court.
On which type of jurisdiction will Talia base her claim?. Answer:
Diversity
◉ Commerce Clause. Answer: The clause in the Constitution (Article
I, Section 8, Clause 1) that gives Congress the power to regulate all
business activities that cross state lines or affect more than one state
or other nations.
◉ Dormant Commerce Clause. Answer: restriction on states'
authority to pass laws that substantially affect interstate commerce
,◉ Preemption Doctrine. Answer: derives from the Supremacy Clause
of the Constitution which states that the "Constitution and the laws
of the United States...shall be the supreme law of the land...anything
in the constitutions or laws of any State to the contrary
notwithstanding."
◉ Due Process. Answer: fair treatment through the normal judicial
system, especially as a citizen's entitlement.
◉ The Fifth Amendment 3 Principal Aspects:. Answer: procedural
due process, the takings clause, substantive due process
◉ Expropriation. Answer: when a domestic government seizes a
foreign company's assets without any reimbursement
◉ plea bargain. Answer: Agreement between a prosecutor and a
defendant that the defendant will plead guilty to a lesser offense to
avoid having to stand trial for a more serious offense.
◉ Liable. Answer: legally responsible
◉ Where does the burden of proof lie in a civil case?. Answer: The
plaintiff must produce a preponderance of evidence.
, ◉ The federal government has set a minimum wage for all workers.
But State A has enacted legislation making the minimum wage in
that state lower.
Is the State A legislation preempted by federal law?. Answer: Yes
◉ A woman who sells cigarettes in a state that has legalized
recreational marijuana use disagrees with legalizing marijuana. She
knows that the federal government still considers marijuana illegal.
Which action might the woman take?. Answer: The woman may
challenge the state law on the basis that it is preempted by federal
law.
◉ What is a form of due process that holds that certain rights are so
fundamental that the government may not eliminate them?. Answer:
Substantive due process
◉ Under Constitutional law, which amendment provides
fundamental guarantees in cases regarding life, liberty, or property
of U.S. citizens?. Answer: Fourteenth Amendment
◉ intentional tort. Answer: A wrongful act knowingly committed.
(ex. assault and battery)