solution

Question 1: What evidence does a jury use in determining the amount of money for emotional damages that have no assigned monetary value?

A) A court appointed psychologist will determine the appropriate amount of money for emotional damages

B) The jury does not determine emotional damages as the judge sets all noneconomic damages through his judgment

C) An economist will estimate the discounted present value of the emotional damage claims

D) The jury will use the testimony of psychologists and psychiatrists to set a range of damages and award an amount within that range

Question 2: Which of the following is a form of pretrial discovery that utilizes written questioning of witnesses rather than sworn, recorded oral testimony?

A) Notary Statements

B) Interrogatories

C) Voir Dire

D) Depositions

Question 3: ____________ is a form of alternative dispute resolution which results in a(n) __________ resolving the conflict between the two parties.

A) Conciliation; judgment

B) Litigation; settlement agreement

C) Arbitration; award

D) Mediation; accord and satisfaction

Question 4: Which of the following legal theories states that whenever the facts of the case are similar, the court should give the same result?

A) Stare Decisis

B) Caveat emptor

C) Res Judicata

D) Voir dire

Question 5: You run a bakery (Paula’s Pies) in your hometown of Peanutbutter Pie, Pennsylvania. You order equipment through an internet sales transaction with Danny’s Doodads, a business located in Delaware where the owner Danny resides. Based on these facts, which state’s court would definitely have personal jurisdiction?

A) Pennsylvania, because the plaintiff resides there

B) Plaintiff can choose to bring her suit in any state

C) Delaware, because defendant resides there

D) Either Pennsylvania or Delaware, plaintiff can choose

Question 6: Ed is injured in a car crash. A friend warns him that old claims lose automatically. What is Ed’s friend worried about?

A) Statute of limitations, which requires the filing of a complaint within a certain period of time

B) Statute of limitations, which requires plaintiff to notify defendant by serving him with paperwork.

C) Statute of limitations, which requires a lawsuit be completed within a certain period of time

D) Statute of limitations, which limits the number of times that a plaintiff can sue

Question 7: You manage a hotel. You fire an employee for alleged theft from a guest room. The employee threatens to sue for back wages and to get her job reinstated. Job reinstatement would be an example of what type of damage request?

A) Compensatory

B) Punitive

C) Equitable

D) Nominal

Question 8: Retailers now utilize _______websites that tailor inventory and pricing information to a particular geographical area by using zipcodes or GPS data.

A) Passive

B) Dynamic

C) Interactive

D) Selective

Question 9: Certification of a class action lawsuit requires that the

A) Plaintiffs all have the exact same damage claims

B) Plaintiff has injuries caused by the joint action of multiple defendants

C) Defendant fears multiple copycat suits and seeks joinder of all similar cases to avoid bias

D) Defendant has affected numerous people in a common way

Question 10: Contractual clauses used to clarify the location of a future lawsuit are called

A) Stare decisis

B) Conflict of law

C) Choice of law

D) Choice of forum

Question 11: When two parties from different states are involved in a legal issue involving large amounts of money, the case might qualify for a special type of jurisdiction within the federal court system. It is called diversity jurisdiction and takes the case to ________ court to avoid ____.

A) chancery; the jury process

B) district; bias

C) circuit; monetary damages

D) appellate; bias

Question 12: The EEOC has cited a company for failure to maintain diversity within the workplace and has mandated the company maintain an Affirmative Action Plan.

A) This is an example of equitable damages

B) This is an example of nominal damages

C) This is an example of compensatory damages

D) This is an example of punitive damages

Question 13: Internal investigations are best made by

A) In house counsel; thereby keeping the matter private and any evidentiary materials protected as work product

B) In house management; thereby keeping the matter private and assuring that managers information qualifies under fiduciary duty

C) A blend of in-house and external investigators to ensure adequate coverage of all major concerns

D) Outside experts; thereby assuring an unbiased review that will not immediately result in discovery under work product doctrine

Question 14: Which of the following damages values the ability to interact with the family unit?

A) Loss of enjoyment of life

B) Emotional damages are not a collectable form of damage due to lack of ability to fairly estimate value

C) Emotional pain and suffering

D) Loss of consortium

Question 15: The legal doctrine of remittitur allows the

A) Judge to reduce the arbitrator’s award based on bias of the arbitrator

B) Judge to reduce the jury’s verdict based on sympathetic reaction to wrong committed

C) Jury to reduce the damages requested by the plaintiff based on his/her own contribution to the incident

D) Jury to increase the damages requested by the plaintiff based on the egregious nature of the incident

Question 16: A state court can assert _______ jurisdiction over a defendant based on property owned by the defendant within that state, for example outlet store locations.

A) Stare decisis

B) Subject matter

C) In rem

D) In personam

Question 17: In order to ensure the appropriate preservation of evidence for legal and regulatory purposes, a company should have

A) policies ensuring quick destruction of any potentially damaging documents

B) an annual purge of all information with an effective date more than three years prior

C) external legal counsel on retainer

D) an updated and enforced document retention plan

Question 18: Which of the following most accurately describes the process of mediation?

A) Mediation is the negotiation process between the parties involved in a dispute

B) Mediation is a process involving a third party facilitator and two parties involved in a dispute

C) Mediation is a process used only in divorce cases for the determination of child custody arrangements

D) Mediation is a process involving a third party decision maker and two parties involved in a dispute

Question 19: Over the recent years, federal laws requiring the disclosure of nutritional information on foods has been expanded from canned and other packaged goods to now include fast food and prepared to order restaurant dining. This expanded disclosure is in response to the obesity epidemic. In particular, a goal of the new disclosures is to ensure that the nutritional data is not just randomly posted, but readily available before ordering takes place. Which underlying public policy rationale would apply to these new disclosures?

A) protect workers

B) promote public welfare

C) promote consumer welfare

D) promote economic growth

Question 20: What are damage caps?

A) minimum threshold of damage necessary to make a legal claim actionable at court (thereby avoiding frivolous lawsuits)

B) caps are used in class actions to set the maximum amount of damages when dealing with a large plaintiff pool

C) limits on the amount of damages (particularly punitive damages ) that can be awarded in a lawsuit

D) specific damage amounts necessary to move from state to federal court