Worksheets2022 MOCK/MOOT FINAL
Total questions: 63
Worksheet time: 32mins
Before a federal court has power to make any rulings in any case, it must have:
Subject matter jurisdiction
Personal jurisdiction
Both of these
Neither of these
____ determines who the court has jurisdiction over.
Subject matter jurisdiction
Personal jurisdiction
Both of these
Neither of these
____ determines what claims the court has jurisdiction over.
Subject matter jurisdiction
Personal jurisdiction
Both of these
Neither of these
____ can be either federal question or diversity.
Subject matter jurisdiction
Personal jurisdiction
Both of these
Neither of these
____ requires sufficient minimum contacts.
Subject matter jurisdiction
Personal jurisdiction
Both of these
Neither of these
Most state courts are courts of _____ jurisdiction.
Limited jurisdiction
General jurisdiction
Both of these
Neither of these
Most federal courts are courts of _____ jurisdiction.
Limited jurisdiction
General jurisdiction
Both of these
Neither of these
How do we decide citizenship for individuals:
The state of their home residence
The state of their incorporation
The state of their principal place of business
The state where all of the owners reside
Corporations are citizens of:
The state of their home residence
The state of their incorporation
The state of their principal place of business
The state where all of the owners reside
Partnerships are citizens of:
The state of their home residence
The state of their incorporation
The state of their principal place of business
The state where all of the owners reside
True or False. Once the defendant(s) file a Notice of Removal, the state courts have no jurisdiction to do anything else in the case.
True
False
The notice to a defendant that it has been sued is called a _____
due process
complaint
summons
service of process
The plaintiff starts the case in federal court by filing a _____
due process
complaint
summons
service of process
What happens next if a motion to dismiss is denied:
The case is over
The defendant has 14 days to file an Answer
Neither of these
Both of these
Which of the following statements about stare decisis are true:
It is the legal concept that courts should follow precedent, even if they don’t agree with it.”
Stare decisis applies to all state courts and federal courts, except the U.S. Supreme Court. .
A decision to overrule an earlier case “should rest on some special reason over and above the belief that [the] prior case was wrongly decided.
None of these - "stare decisis" means court decisions ("decisis") must be specifically stated
A strawman argument:
is a fact or opinion that seems relevant to the issue, but really isn't
is a fallacy that attacks a position the opponent doesn’t really hold.
is a fallacy that happens when you mistake something for the cause just because it came first.
is a logical fallacy that assumes a chain of future events without really proving their likelihood.
A red herring :
is a fact or opinion that seems relevant to the issue, but really isn't
is a fallacy that attacks a position the opponent doesn’t really hold.
is a fallacy that happens when you mistake something for the cause just because it came first.
is a logical fallacy that assumes a chain of future events without really proving their likelihood.
Slippery slope:
is a fact or opinion that seems relevant to the issue, but really isn't
is a fallacy that attacks a position the opponent doesn’t really hold.
is a fallacy that happens when you mistake something for the cause just because it came first.
is a logical fallacy that assumes a chain of future events without really proving their likelihood.
Ad hominem:
is a logical fallacy that attacks the person, not the argument.
is a logical fallacy that assumes there are only two possible answers.
is a logical fallacy where a person’s argument is just repeating what they already assumed.
is a logical fallacy that assumes a chain of future events without really proving their likelihood.
False dichotomy:
is a logical fallacy that attacks the person, not the argument.
is a logical fallacy that assumes there are only two possible answers.
is a logical fallacy where a person’s argument is just repeating what they already assumed.
is a logical fallacy that assumes a chain of future events without really proving their likelihood.
Circular reasoning:
is a logical fallacy that attacks the person, not the argument.
is a logical fallacy that assumes there are only two possible answers.
is a logical fallacy where a person’s argument is just repeating what they already assumed.
is a logical fallacy that assumes a chain of future events without really proving their likelihood.
Rules of Civil Procedure:
determine admissibility.
includes opening statements, direct exam, cross-exam, closing arguments.
determine who can sue, where to sue, and how to sue
includes making appropriate restitution for students
includes writing briefs and making oral argument to appellate courts.
Mock trial:
determine admissibility.
includes opening statements, direct exam, cross-exam, closing arguments.
determine who can sue, where to sue, and how to sue
includes making appropriate restitution for students
includes writing briefs and making oral argument to appellate courts.
Moot court:
determine admissibility.
includes opening statements, direct exam, cross-exam, closing arguments.
determine who can sue, where to sue, and how to sue
includes making appropriate restitution for students
includes writing briefs and making oral argument to appellate courts.
Youth court:
determine admissibility.
includes opening statements, direct exam, cross-exam, closing arguments.
determine who can sue, where to sue, and how to sue
includes making appropriate restitution for students
includes writing briefs and making oral argument to appellate courts.
Plaintiffs start a case in federal court by filing a _____.
Motion to Dismiss
Answer
Complaint
Liability
Default Judgment
When ruling on a motion to dismiss, the judge takes the facts alleged in the complaint as _____.
Denied
Granted
Law
True
If the motion to dismiss is _____, the case is over.
Denied
Granted
Law
True
The 14th Amendment extends the Bill of Rights protections to the conduct of _____ employees.
Federal
State
14th
1983
What role does the president play in the process of appointing a U.S. Supreme Court Justice?
Confirm
Nominate
Simple majority
Majority leader
Appointment
What role does the Senate play in the process of appointing a U.S. Supreme Court Justice?
Confirm
Nominate
Simple majority
Majority leader
Appointment
What was a tactic that the minority party used to have (but doesn’t have any more) to stop an appointment to the U.S. Supreme Court?
Filibuster
Nuclear option
Super majority
Expressio unis est exclusio alterius
Cloture
What is it called when there are enough votes to stop a Filibuster?
Filibuster
Nuclear option
Super majority
Expressio unis est exclusio alterius
Cloture
What tactic eliminated the ability of the minority party to stop an appointment to the U.S. Supreme Court?
Filibuster
Nuclear option
Super majority
Expressio unis est exclusio alterius
Cloture
True or False. Under the doctrine of stare decisis, courts routinely overturn controlling precedent if they disagree with it.
True
False
The U.S. Supreme Court normally must follow the precedent that is established by:
The U.S. Supreme Court
U.S. Circuit Courts
U.S. District Courts
None of these
This type of evidence is defined as evidence that is favorable to the defendant in a criminal case:
Exculpatory
Incriminatory
Circumstantial
Testimony
Documents
The prosecutor in a criminal case has a duty to turn over this type of evidence to the defendant:
Exculpatory
Incriminatory
Circumstantial
Testimony
Documents
True or False. We like surprises at trial - that's what makes them fun.
True
False
Which of these are things that the rules are intended to "secure" about the "determination" of cases:
Just
Speedy
Inexpensive
All of these
Which of these are limits or requirements for the scope of discovery:
Relevant
Proportional
Not Privileged
All of these
True or False. The RESULT of the attorney-client privilige is often to keep relevant and important evidence away from opposing counsel.
True
False
True or False. Privilege logs are expensive to create, but they are very helpful for opposing counsel.
True
False
True or False. Information is relevant if it has any tendency to make any element of a claim more or less probable.
True
False
True or False. The law requires parties to do everything that they possibly can to preserve all relevant ESI once the duty is triggered.
True
False
Which type of objections do need to be made during depositions, to avoid waiving the objection at trial.
Substantive objections
Objections to form
True or False. A fact is genuine if reasonable jurors could disagree about it.
True
False
True or False. The court can discount a responding party’s affidavit for lack of credibility.
True
False
The ______ period is often the longest and most expensive part of court cases.
Trial
Discovery
Pleadings
Summary Judgment
True or False. Most criminal cases go to a trial, where a jury decides if the defendant is guilty.
True
False
True or False. As part of plea agreements, the defendants are allowed plead not guilty to what they have been charged with.
True
False
True or False. As part of plea agreements, the prosecutor can promise to give the defendant a shorter sentence.
True
False
If the prosecutor promises a defendant something, and the defendant relies on the promise, is the state required to honor the promise if a new attorney takes over as prosecutor?
Yes
No
Maybe
True or False. Arbitrators must be attorneys or retired judges.
True
False
Two Truths and a Lie. Pick the Lie: Which of these is normally NOT involved in picking three arbitrators:
Each party picks one arbitrator
The two arbitrators picked by the parties picks the third arbitrator
One party picks all three arbitrators
Which of these should you call by their name, instead of their role in the case:
Petitioner
Respondent
Both of these
Neither of these
True or False. Your summary of argument should include all the cases that support your argument.
True
False
True or False. You should avoid using headings and sub-headings, because they break up the flow of the brief.
True
False
For most cases, which of these is MOST likely to win the case:
Arguing that the case presents a new question of law that SCOTUS hasn't already decided
Arguing that SCOTUS should reverse or over-rule one of its prior decisions
Arguing that a prior SCOTUS decision supports your position
None of these are likely to win
Under the _____ doctrine, SCOTUS is unlikely to reverse its prior decisions.
Stare decisis
Res Ipsa
Inclusio unis
Exclusio Alterus
Is there an education requirement for SCOTUS Justices?
YES
NO
MAYBE
Which of these are part of the appeal at SCOTUS:
a jury
witnesses testifying
Neither of these
Both of these
True or False. If an attorney objects to a question during a deposition because the question calls for privleged information, the witness doesn’t answer the question until the attorneys can get a judge to rule on the objection.
True
False
