OMGT 4313 Midterm practice Test| 180
questions with 100% Correct Answers |
Updated 2024 | Guaranteed success
Which of the following is NOT a type of pre-trial litigation discovery? ✔✔Affidavit
Pleadings in a lawsuit include which of the following? ✔✔Defendant's Answer and
Plantiff's Complaint
Federal courts of general original jurisdiction are called what? ✔✔US District Courts
XYZ Co. is involved in a trial in the US District Court located in San Francisco, CA is a decision
by the US Court of Appeals for the 8th Circuit controlling precedent in this trial? ✔✔No,
because California is in the 9th Circuit, not the 8th
How does a plaintiff initiate a lawsuit? ✔✔File a Complaint or Petition with a court
What is the most informal type of alternative dispute resolution? ✔✔Negotiation
The US Constitution grants specific powers to the US government. What happens to powers
not specifically granted to the US government? ✔✔Such powers are reserved for the states
,Star decisis requires a judge to follow the precedent established within the judge's jurisdiction.
Thus, a trial court judge in Texas is obligated to follow precedent by the highest court of which
state? ✔✔Texas
What if a Missouri state statue (codified law) conflicts with a regulation promulgated by
a federal agency? ✔✔the federal agency regulation trumps
Who rules on questions of law? ✔✔only a judge
In a trial, who determines the facts? ✔✔a jury (if a party elects to have jury); if no
party requests a jury, then the judge
A court must have two types of jurisdiction before it can properly hear a case: ✔✔Personal
jurisdiction (may the court require the defendant to appear) and subject-matter jurisdiction
(may the court hear this type of case)
Sometimes multiple courts may have jurisdiction over a lawsuit. The determination of which
court (which physical location) is most appropriate for the trial is called deciding? ✔✔venue
A party who loses in the US Court of Appeals may ask the US Supreme Court to hear an appeal of
the case. The US Supreme Court refuses to hear most such cases. However, when the US Supreme
Court does agree to hear an appeal it issues a _________ to the lower court. ✔✔writ
of certiorari
, What are the requirements for a federal trial court to exercise diversity of citizenship subject-
matter jurisdiction? ✔✔The parties to the lawsuit must be from different states and the
amount in controversy must exceed $75,000
The constitutional clause forbidding the government from limiting an individual's ability to
follow any religion is called? ✔✔The free exercise clause
Which of the following is an example of content-neutral law limiting free-speech rights?
✔✔Banning all public rallies between the hours of 10pm-7am
The US Congress properly passed a law regulating air traffic control. North Carolina passed a
conflicting law. Applying the supremacy clause which law stands? ✔✔The federal law because
of preemption
A city may pass a law restricting speech addressing specific content (e.g. religious issues) only
if the city can prove? ✔✔the city has a compelling government interest, which may only be
advanced by the law
Which of the following enjoy the right of free speech as set forth in the First Amendment?
✔✔humans in the US and Corporations in the US
Predictable defenses of unethical conduct include which of the following? ✔✔this is standard
operating procedure in this (industry, part of the world, economy); this isn't my responsibility;
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Examsplug. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $13.24. You're not tied to anything after your purchase.
