Common law consists of laws enacted by federal and state legislatures.

True

False

False

Laws enacted by federal and state legislatures are called statutory laws.

Publications containing statutes are called court orders.

True

False

False

Publications containing statutes are called codes.

In civil law actions, a defendant will usually serve jail time if he or she is found guilty.

True

False

False

If a defendant is found guilty in a civil case, the restitution is usually monetary in nature. Civil cases do not result in prison sentences.

A felony is a more serious crime than a misdemeanor.

True

False

A State Supreme Court is higher than a State Superior Court.

True

False

____________ law consists of regulations developed by state and federal agencies to implement rules in specific areas.

The three branches of government are legislative, judicial, and __________.

_________ law affects relations between individuals, corporations, government entities, and other organizations.

A(n) _________ court oversees the distribution of a person's estate upon death.

One must retain the services of an attorney in order to file a claim in Small Claims Court.

True

False

False

Attorneys are not usually used in Small Claims Court.

A _________ is an order to appear in court. If you do not show, a penalty will occur.

A summons is a written record of oral testimony made before a public officer for use in court.

True

False

False

This is a description of a deposition.

A court order for release of records does not require the permission of a client.

True

False

Small claims courts usually have juries while trial courts do not usually have juries.

True

False

False

Small claims courts do not have juries; trial courts may have juries.

An expert witness may testify as to the proper standard of care in a certain community as it relates to the facts presented in a case.

True

False

A physician can testify as an expert witness in an action brought against him or her.

True

False

A [x] is a person or group bringing forth an action in litigation. A [y] is a person or group accused in a court action.

x= plaintiff

y= defendant

Court action between private parties, corporations, government bodies or other organizations. Compensation is usually monetary.

 Findings or decision of a jury

The person or group initiating the action in litigation

Type of crime less serious than a felony

Court action brought by the state against individual(s) or groups of people accused of committing a crime; punishment is usually imprisonment or a fine.

A serious crime such as murder, larceny, assault, or rape.

Person trained in medicine who can testify in a court of law as to what the professional standard of care is in the same or similar communities.

The person or group accused in a court action.

An order to appear in court under penalty for failure to do so.

The procedure of calling someone before a court to answer a charge.

Which of the following best describes litigation?

a. A serious crime such as murder, larceny, assault, or rape.

b. Person or group accused in a court action

c. A lawsuit; a contest in court

d. Court action between private parties.

c. A lawsuit; a contest in court

In a civil case, an order from the court directing an official to notify the defendant where and when to appear in 

court is called a(n)

a. arraignment

b. summons

c. court order

d. deposition

b. summons

An example of a misdemeanor is

a. theft of a small amount of property

b. disputing a bill from a physician

c. larceny (theft of a large amount of money)

d. rape

a. theft of a small amount of property

All trial court proceedings involve juries.

True

False

False

Usually trial courts have a jury, but the parties to a trial may waive (voluntarily give up) their rights to a trial.

The process by which a person is ordered to appear in court or else face a penalty is called a

a. summons

b. deposition

c. subpoena

d. cross-examination

c. subpoena

The type of law which governs relations between individuals, corporations, governmental entities, and other 

organizations is called

a. criminal law

b. administrative law

c. probate law

d. civil law

d. civil law

The process by which a written record of oral testimony made before a public official is entered into court 

proceedings is called a

a. subpoena

b. summons

c. deposition

d. court order

c. deposition

Which of the following actions can be tried in a state court?

a. bank robbery or racketeering

b. an issue about free speech

c. civil actions between parties living in different states

d. drunk driving cases

d. drunk driving cases

Which type of court oversees the distribution of a person's estate?

a. probate

b. small claims

c. State Superior Court

d. State Court of Appeals

a. probate

Statutory law is derived from

a. customs and judicial decisions which attempt to apply general principles to specific situations.

b. the enactment of laws by congressional and state legislative bodies.

c. regulations provided by administrative agencies to implement rules in their areas of operation.

d. judge-made law or case law.

b. the enactment of laws by congressional and state legislative bodies.

Which of the following is not true of an expert witness serving in a trial?

a. An expert witness is necessary if the subject of the court action is beyond the general understanding of the average layperson.

b. An expert witness must be reputable, honest, and impartial

c. An expert witness cannot be paid for his or her services

d. An expert witness may testify as to what the accepted standard of care is in a similar community

c. An expert witness cannot be paid for his or her services

In Alaska, small claims court has jurisdiction over cases when the plaintiff seeks monetary judgment up to $2,000.

True

False

False

In Alaska, the limit is $10,000.

A person can be tried in both civil courts and criminal courts for the same issue.

True

False

In civil actions, which of the following remedies usually apply?  Choose ALL that are correct.

a. imprisonment

b. probation

c. community service

d. monetary or property restitution

d. monetary or property restitution

A claim filed in small claims court often involves which of the following?  Choose ALL that apply.

a. representation by an attorney

b. an action to collect unpaid debts

c. imprisonment of the defendant if found guilty

d. a verdict by jury

b. an action to collect unpaid debts

Which of the answers below is true for a court order.  Choose ALL that are correct.

a. It does not require a client's permission for release of records.

b. It is required for release of records containing information regarding substance abuse, mental health, or dangerous communicable diseases.

c. It has the same force as a subpoena

d. none of the above

a. It does not require a client's permission for release of records.

b. It is required for release of records containing information regarding substance abuse, mental health, or dangerous communicable diseases.

Frank enters his physician's office and slips and falls when he approaches the reception desk.  He suffers a simple fracture of the left ankle.  When the receptionist comes to his aid, they discover that there is water on the floor from melting snow where he fell.  Frank later takes legal action and sues the physician for medical fees and loss of wages for the time he missed from work due to his injuries.  As the plaintiff, he must prove that his physician was negligent.

Which type of law applies here?

a. felony

b. civil

c. criminal

d. misdemeanor

b. civil

Frank enters his physician's office and slips and falls when he approaches the reception desk.  He suffers a simple fracture of the left ankle.  When the receptionist comes to his aid, they discover that there is water on the floor from melting snow where he fell.  Frank later takes legal action and sues the physician for medical fees and loss of wages for the time he missed from work due to his injuries.  As the plaintiff, he must prove that his physician was negligent.

The physician may be subject to jail time if he is found guilty of negligence.

True

False

False

Because this is a civil law proceeding, the physician would likely have to pay monetary damages if the plaintiff prevails.

Frank enters his physician's office and slips and falls when he approaches the reception desk.  He suffers a simple fracture of the left ankle.  When the receptionist comes to his aid, they discover that there is water on the floor from melting snow where he fell.  Frank later takes legal action and sues the physician for medical fees and loss of wages for the time he missed from work due to his injuries.  As the plaintiff, he must prove that his physician was negligent.

Which of the following is a possible outcome of the legal action?

a. dismissal of the complaint due to a technical error

b. trial by jury

c. settlement out of court

d. a, b, and c

e. a and b

d. a, b, and c

Frank enters his physician's office and slips and falls when he approaches the reception desk.  He suffers a simple fracture of the left ankle.  When the receptionist comes to his aid, they discover that there is water on the floor from melting snow where he fell.  Frank later takes legal action and sues the physician for medical fees and loss of wages for the time he missed from work due to his injuries.  As the plaintiff, he must prove that his physician was negligent.

If the case goes to trial, the parties may waive their right to a jury trial.

True

False

Frank enters his physician's office and slips and falls when he approaches the reception desk.  He suffers a simple fracture of the left ankle.  When the receptionist comes to his aid, they discover that there is water on the floor from melting snow where he fell.  Frank later takes legal action and sues the physician for medical fees and loss of wages for the time he missed from work due to his injuries.  As the plaintiff, he must prove that his physician was negligent.

Frank must prove beyond a reasonable doubt that the physician's office was negligent in not providing a safe 

environment.

True

False

False

In civil cases, all the plaintiff needs to prove is that there is a preponderance of evidence supporting the claim. In criminal cases, proof beyond a reasonable doubt is needed.