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1. Which of the following is NOT an element generally required to establish a claim alleging the common law civil wrong for intentional infliction of emotional distress?
A) The defendant engaged in extreme and outrageous conduct
B) The defendant acted intentionally or recklessly
C) The victim suffered distress as a result of the defendants conduct
D) The victim was an employee of the defendant
2. A company files a civil lawsuit against one of its directors for insider trading. At the end of the trial, a court orders the director to refrain from purchasing or obtaining the stock of a particular corporation. Which of the following BEST describes this type of remedy?
A) Injunction
B) Punitive damages
C) Declaratory relief
D) Monetary relief
3. Which of the following statements concerning the appointment of expert witnesses at that is accurate?
A) Generally the court selects the primary expert witnesses in adversarial jurisdictions.
B) Generally, only the parties may select expert witnesses in inquisitional jurisdictions.
C) Generally, the court appoints the primary expert witnesses in inquisitorial jurisdictions.
D) Generally, only the parties may select experts to introduce testimony in adversarial jurisdictions
4. Which of the following statements about the appeals process in cranial cases is MOST ACCURATE?
A) In civil law jurisdictions appellate courts are generally not permitted to make their own legal conclusions when reviewing a case
B) Appellate courts will usually reverse a conviction even if the trial court ' s error did not affect the outcome of the case
C) In common law jurisdictions, appellate courts are generally not permitted to make their own factual determinations when reviewing a case
D) Appellate courts will usually hear an appeal even if the petition was not filed in a timely manner
5. Which of the following statements regarding civil lawsuits in most jurisdictions is CORRECT?
A) All of the above are correct
B) Civil lawsuits begin with the filing of a pleading, usually in the jurisdiction in which the defendant resides or where the claim arose
C) The plaintiff's initial filing with the court does not typically need to include the specific facts on which the claim relies.
D) The plaintiffs initial filing does not typically need to contain a summary of the evidence
Solutions:
| Question # 1 Answer: D | Question # 2 Answer: A | Question # 3 Answer: C | Question # 4 Answer: C | Question # 5 Answer: B |
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