9. The _____________________________clause of the US Constitution states that the Constitution and laws passed by Congress pursuant to the Constitution are superior to state laws.
10. That Courts have the right and ability to review acts of Congress and the President, known as “judicial review”, was established in the early Supreme Court case. ________________________ v. __________________________.
Part Two: Multiple Choice: 2 points each.
11. A summons is issued: a. if there is a problem with one of the pleadings previously filed b. if the complaint has been served on the defendant c. if a judgment has been entered against the defendant d. if a if a Complaint has been filed with the court
12. A deposition is: a. written statements of a party or witness prior to trial b. Oral testimony of a party or witness at trial c. Oral testimony given by a party or witness prior to trial d. Written testimony of a party or witness at trial
14. Alternative dispute resolution methods are intended to help the parties avoid a. Arbitration b. litigation c. negotiation . d. mediation
15. In ______________the opposing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve the dispute: a. Binding arbitration b. litigation c. mediation d. non-binding arbitration
PART THREE – Mark true or false. You may explain your answer if your wish – 2 points
16. _____________The State of Missouri may exercise jurisdiction over Fred, a resident of Texas, if he caused injuries in an auto accident while Fred was in Missouri.
17.___________The reason for providing federal diversity of citizenship actions was to prevent state court bias against nonresidents.
18. __________Controversies in state court must exceed $75,000.00 in order for a state court to hear them.
19. __________The US Constitution states that America is a Christian nation.
20. __________A forum selection clause allows the parties to a contract to elect where a dispute will be heard if there is a later disagreement about the contract.
21. _________Appellate courts will hear new evidence and new testimony.
22_________Administrative Law is superior to the Constitution.
23.__________The person who files a lawsuit is called the plaintiff.
24..____________A long arm statute allows a defendant to be served with a summons of one state in another state where defendant is located.
25.._____________Negotiation involves use of a neutral third party in resolving a dispute.
26._____________Stare decisis makes the law more predictable in a common law system.
27.___________Common law or case law is the collection of legal interpretations made by judges.
28.____________The categorical imperative states that an action is moral only if it would be consistent for everyone in society to act in the same way.
29.____________Ethical relativism is a theory of ethics that denies the existence of objective moral standards.
30.___________Ripeness means that a judge’s decision in the case is capable of affecting the parties immediately.
31.___________A party does not have to give any reason for a peremptory challenge during jury selection.
32.___________Natural law proponents contend that certain ethical principles supersede laws created by humans.
33. ___________In Brzonkala v. Robinson, a Virginia Tech student was allowed by the Supreme Court to sue her rapists under the Violence against Women Act passed b y the US Congress.
34. ___________The contract clause of the Constitution prohibits a state from “unreasonably interfering with private contracts, but reasonable regulations on private contracts are permissible.
35. ___________ During a traffic stop, police can demand that a driver turn over his cell phone to the police for review to see if the driver was texting while driving.
36. ____________The takings clause of the constitution prohibits a state from taking some one’s land to widen a roadway.
PART FOUR- 7 points each.