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Test Bank For The Legal and Regulatory Environment of Business Marisa Pagnattaro 18th Edition
The Legal and Regulatory Environment of Business, 18e (Pagnattaro)
Chapter 3 The Court System
1) The trial judge renders decisions that deal directly with people in conflict.
Answer: TRUE
Explanation: The trial judge renders decisions that deal directly with people in conflict. Trial judges are the main link between the law and the citizens it serves.
Difficulty: 1 Easy
Topic: Personnel
Learning Objective: 03-01 To recognize the role of key personnel associated with the courts.
Bloom’s: Remember
AACSB: Analytical Thinking
2) In cases heard before a jury, the jury functions to decide questions of law, while the judge is still present to decide questions of fact.
Answer: FALSE
Explanation: In cases heard before a jury, the jury functions to decide questions of fact. The judge is present and is still responsible for deciding questions of law. In all cases, the function of the trial judge is to determine the applicable rules of law to be used to decide a case. In cases tried without a jury, the judge is also responsible for finding the facts.
Difficulty: 1 Easy
Topic: Personnel
Learning Objective: 03-01 To recognize the role of key personnel associated with the courts.
Bloom’s: Remember
AACSB: Analytical Thinking
3) Every court, whether in the state or federal system, has rules that mandate a 12 person jury in both criminal and civil cases.
Answer: FALSE
Explanation: Historically, a jury consisted of 12 persons. Today many states and some federal courts have rules of procedure that provide for smaller juries in both criminal and civil cases.
Difficulty: 1 Easy
Topic: Personnel
Learning Objective: 03-01 To recognize the role of key personnel associated with the courts.
Bloom’s: Remember
AACSB: Analytical Thinking
4) Rule 48 of the Federal Rules of Civil Procedure states that the “court shall seat a jury of no less than twelve members.”
Answer: FALSE
Explanation: Rule 48 of the Federal Rules of Civil Procedure states that the “court shall seat a jury of not fewer than six members and not more than twelve members.” Although, historically, juries consist of twelve members, this is not required by federal procedures.
Difficulty: 1 Easy
Topic: Personnel
Learning Objective: 03-01 To recognize the role of key personnel associated with the courts.
Bloom’s: Remember
AACSB: Analytical Thinking
5) Several studies have found a discernible difference between results reached by a six-person jury and those reached by a 12-person jury.
Answer: FALSE
Explanation: Several studies have found no discernible difference between results reached by a six-person jury and those reached by a 12-person jury. As a result, many cases are tried before six-person juries today.
Difficulty: 1 Easy
Topic: Personnel
Learning Objective: 03-01 To recognize the role of key personnel associated with the courts.
Bloom’s: Remember
AACSB: Analytical Thinking
6) Many states have eliminated the requirement of unanimity in their courts in civil cases and two states have done so in criminal cases.
Answer: TRUE
Explanation: There is growing evidence that the requirement of unanimity is taking its toll on the administration of justice in the United States. Many states have eliminated the requirement of unanimity in their courts in civil cases and two states have done so in criminal cases.
Difficulty: 1 Easy
Topic: Personnel
Learning Objective: 03-01 To recognize the role of key personnel associated with the courts.
Bloom’s: Remember
AACSB: Analytical Thinking
7) Federal law has strict specifications for how many jurors are required in a jury trial at common law.
Answer: FALSE
Explanation: Historically, a jury consisted of 12 persons. Many states and some federal courts have rules of procedure that provide for smaller juries in both criminal and civil cases. Federal law does not specify the number of jurors—only the types of cases that may be brought to trial before a jury at common law.
Difficulty: 1 Easy
Topic: Personnel
Learning Objective: 03-01 To recognize the role of key personnel associated with the courts.
Bloom’s: Remember
AACSB: Analytical Thinking
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