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Which one of the following is the primary way that formal mediation differs
from a pretrial settlement conference? - 🧠ANSWER ✔✔Formal mediation
requires the parties to submit their dispute to an agreed-upon outside
mediator, but the parties do not necessarily select who will conduct a
pretrial settlement conference. (Incorrect. Though mediators, formal and
,informal, are often judges, formal mediation involves seeking the
assistance of a neutral intermediary to assist the resolution of the dispute.)
The state court is dealing with a case involving an unusual domestic
animal. They can find no prior case or previous law that directly applies, in
their state or any other state. This case is known as a - 🧠ANSWER
✔✔Threshold case. (When courts encounter situations for which they can
find no prior case or previous law that directly applies, the unprecedented
situations are called threshold cases.)
Jack was the defendant in a lawsuit against Emily. Emily's properly-formed
complaint alleged that Jack made a series of embarrassing mistakes that
led to the accidental destruction of Emily's boat. The way Jack remembers
it, Emily sunk her own boat with her own incompetence. Jack disputes
almost every one of Emily's allegations. Aside from voluntary dismissal by
Emily, is there any way Jack can win the case before trial? - 🧠ANSWER
✔✔No, because Jack disputes Emily's allegations. (A motion to dismiss
argues that the plaintiff has failed to state a claim upon which relief can be
granted and a motion for judgment on the pleadings generally requires an
admission of the other party's facts and allegations.)
,The U.S. constitutional system is one of various checks and balances to
governmental power. Which one of the following describes how the
legislative branch checks the judicial branch? - 🧠ANSWER ✔✔The
legislative branch has the power to approve or deny the executive
appointment of judges, and it has the ability to pass constitutional laws that
may negate judicial decisions. (The legislative branch has the power to
approve or deny the executive appointment of judges, and it has the ability
to pass constitutional laws that may negate judicial decisions.)
Which one of the following legal systems relies on scholarly interpretations
of written codes and constitutions, rather than on court decisions? -
🧠ANSWER ✔✔The civil-law system (The civil-law system relies on
scholarly interpretations of written codes and constitutions, rather than on
court decisions. ("Common-law system" vs. "civil-law system" should not be
confused with "criminal law" vs. "civil law." The former describe entire legal
systems, while the latter describe classifications of U.S. law.)
The Twenty-sixth Amendment to the U.S. Constitution sets the minimum
voting age at 18. Assume that, after the amendment was ratified, the U.S.
Congress passed a law that prohibited the right to vote for anyone under
the age of 21 who had not registered for military conscription. West Virginia
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, likewise passed a law that limited the minimum voting age to 19 for all West
Virginia citizens. The U.S. President then issued an Executive Order that
forbade any person under the age of 20 with unpaid traffic tickets from
voting. The earliest legal voting age for a West Virginia citizen with unpaid
traffic tickets who had not registered for military conscription is -
🧠ANSWER ✔✔18 (The earliest legal voting age for a West Virginia citizen
with unpaid traffic tickets who had not registered for military conscription is
18. Any law that violates the U.S. Constitution, whether state or federal, is
void.)
Scott is presented as a witness for the plaintiff in a trail. Carla, the plaintiff,
alleges that she was seriously injured when she was struck by a vehicle
driven by Luke, who was under the influence of alcohol at the time. Scott
testifies that Luke had been drinking heavily at happy hour on the day of
the accident. Under cross-examination, Scott admits that he was not
actually at the happy hour, but that a number of co-workers had told him
about Luke's drinking that day. Scott's testimony may be challenged under
which one of the following conditions under the rules of evidence? -
🧠ANSWER ✔✔Competent (Scott's testimony may be challenged on the
basis of competence. He is repeating a statement (hearsay), but does not
have personal knowledge of whether the statement is true.)