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WHO WANTS TO BE WHO WANTS TO BE A UNITED STATES A UNITED STATES SUPREME COURT SUPREME COURT JUSTICE? JUSTICE? Stages of a Case Court Structure Weight of Authority

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Page 1: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

WHO WANTS TO BE WHO WANTS TO BE A UNITED STATES A UNITED STATES SUPREME COURT SUPREME COURT

JUSTICE?JUSTICE?

Stages of a Case

Court Structure

Weight of Authority

Page 2: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

Rules Four students play fast fingers.

The fastest correct winner plays, “Who wants to be a U.S. Supreme Court Justice.”

The player has two life lines, 50/50 and pole the audience.

Points are awarded for correct answers. If the player misses a question he or she receives no points

Top two Justices get taken out to lunch at the 15th Street Dinner.

Page 3: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

Points will be awarded for 5 questions as follows:

Question 1 10 Question 2 25 Question 3 50 Question 4* 100 Question 5* 200

You’re a U.S. Supreme Court Justice!

* These Questions are harder and have not been covered in class.

Page 4: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

FAST FINGERS #1

WRITE YOUR NAME ON YOUR PAPER.

You need not write out the words, use the letters.

READY?

Page 5: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

Put the following stages of a civil lawsuit in order (start to finish)

A. Appeal B. Verdict C. Pleadings (complaint/answer) D. Discovery

Page 6: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

The stages of a civil lawsuit in order (start to finish) are

C. Pleadings (complaint/answer) D. Discovery B. Verdict A. Appeal

Page 7: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

1) The party who files a complaint in a civil lawsuit is called

A. The Defendant B. The Accused C. The Plaintiff D. Judge Judy

Page 8: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

1) The party who files a complaint in a civil lawsuit is called

C. The Plaintiff

Page 9: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

2) The trial court in the Federal Court System is called

A. The Court of Appeals B. The District Court C. Family Court D. Froggy went a courting

Page 10: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

2) The trial court in the Federal Court System is

B. The District Court

Page 11: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

3) An Interrogatory is

A An oral examination of a witness or opposing party under oath

B A written question that one party poses to the other

C. A drink a Jackie’s

D. A request that a party admit liability

Page 12: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

3) An Interrogatory is

B. A written question that one party poses to the other

Page 13: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

4) A party can challenge the bias of a potential juror by means of a

A. Preemptory challenge B. challenge for charge C. challenge for cause D. challenge for proof

Page 14: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

4) A party can challenge the bias of a potential juror by means of a

C. challenge for cause

Page 15: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

5) The initial allegations in a criminal case are referred to as

A. The complaint B. A cause of action C. An information D. A pleading

Page 16: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

5) The initial allegations in a criminal case are referred to as

C. An information

(or indictment)

Page 17: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

Fast Fingers #2

READY?

Page 18: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

Rank these television shows in the order of their debut episode, from earliest to latest

A. Ally McBeal B. West Wing C. Law & Order D. Judging Amy E. L.A. Law

Page 19: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

The order of their debut episode, from earliest to latest is

E. L.A. Law C. Law & Order A. Ally McBeal D. Judging Amy B. West Wing

Page 20: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

1) Law review articles are

A. Mandatory Authority B. Primary Authority C. Secondary Authority D. Good bathroom reading

Page 21: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

1) Law review articles are

C. Secondary Authority

Page 22: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

2) Alabama is part of which Federal Circuit?

A. The 5th

B. The 007th

C. The 13th

D. The 11th

Page 23: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

2) Alabama is part which Federal Circuit?

D. The 11th

Page 24: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

3) How many federal districts are there in Alabama?

A. 0 B. 1 C. 2 D. 3

Page 25: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

3) How many federal districts are there in Alabama?

D. 3

Page 26: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

4) A claim made by the defendant against the plaintiff in the same lawsuit is a

A. Boomerang action B. I’m rubber your glue defense C. Back-at-you claim D. Counter-claim

Page 27: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

4) A claim made by the defendant against the plaintiff in the same lawsuit is a

D. Counter-claim

Page 28: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

5) Kansas Opinions are reported in which of the following reporters

A. Northwestern B. Atlantic C. Northeastern D. Pacific

Page 29: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

5) Kansas Opinions are reported in which of the following reporters

D. Pacific

Page 30: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

Fast Fingers #3

READY?

Page 31: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

You are before an Alabama Federal District Court arguing for a particular interpretation of an Alabama statute. Put the following sources of authority in the order ranging from the most to least authoritative

A. 9th Circuit Court of Appeals interpreting thesame statute.

B. 11th Circuit Court of Appeals interpreting the same statute.

C. An explanation of the statute in a legal treatise.

D. Alabama Supreme Court interpreting thestatute.

Page 32: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

The following sources of authority in the proper order ranging from the most to least authoritative are:

D. Alabama Supreme Court interpreting thestatute.

B. 11th Circuit Court of Appeals interpreting thesame statute.

A. 9th Circuit Court of Appeals interpreting the same statute.

C. An explanation of the statute in a legal treatise.

Page 33: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

1) In a jury trial, who decides issues of law

A. The Judge B. The parties C. The Jury D. Matlock

Page 34: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

1) In a jury trial, who decides issues of law

A. The Judge

Page 35: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

2) All other things being equal, which of the following is most authoritative?

A. A case B. A statute C. A legal periodical D. Ally McBeal

Page 36: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

2) All other things being equal, which of the following is most authoritative?

B. A statute

Page 37: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

3) The Alabama Court of Criminal Appeals is bound by decisions from

A. None of the below B. Alabama Circuit Courts C. Alabama Supreme Court D. Alabama Court of Civil Appeals

Page 38: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

3) The Alabama Court of Criminal Appeals is bound by decisions from

A. Alabama Supreme Court

Page 39: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

4) A motion in limine is designed to

A. Limit the selection of jurors who maynot be impartial

B. Settle certain evidentiary questionsbefore trial

C. Convince a judge to decide the case as a matter of law

D. Make you better at doing the limbo

Page 40: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

4) A motion in limine is designed to

B. Settle certain evidentiary questionsbefore trial

Page 41: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

5) Which one is a post-trial motion?

A. Motion for summary judgment B. Motion in limine C. Motion for directed verdict D. Motion for judgment N.O.V.

Page 42: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

5) Which one is a post-trial motion?

D. Motion for judgment N.O.V.

Page 43: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

FAST FINGERS #4

Ready?

Page 44: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

Upon entering from the back entrance (where the bike racks are), and then turning to your right, put the following areas of the

Law School in order

A. The Library B. The 1L Board C. The Student Lounge D. The Bookstore

Page 45: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

Upon entering from the back entrance, put the following areas of the Law School in

order

B. The 1L Board C. The Student Lounge D. The Bookstore A. The Library

Page 46: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

1) Another name for the judgment of a case along with material facts is

A. A verdict B. Dicta C. A holding D. A summation

Page 47: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

1) Another name for the judgment of a case along with material facts is

C. A holding

Page 48: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

2) Questions involving a will are typically resolved by

A. Family Courts B. Housing Courts C. Probate Courts D. Small Claims Courts

Page 49: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

2) Questions involving a will are typically resolved by

C. Probate Courts

Page 50: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

3) In matters of state law, which of the following is mandatory authority, binding an

Alabama Circuit Court

A. A Federal District Court in Alabama B. An Alabama Probate Court C. The Alabama Court of Civil Appeals D. Judge Wapner’s Court

Page 51: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

3) In matters of state law, which of the following is mandatory authority, binding an

Alabama Circuit Court

C. The Alabama Court of Civil Appeals

Page 52: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

4) Alabama Opinions are reported in which of the following reporters

A. Red-neck Reporter B. Pacific Reporter C. Southeastern Reporter D. Southern Reporter

Page 53: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

4) Alabama Opinions are reported in which of the following reporters

D. Southern Reporter

Page 54: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

5) Before American courts merged the dual court system,what courts stood in contrast to

the law courts in England in applying a system of equity

A. Common Law Courts B. Chancery Courts C. Equestrian Courts D. Torrie Courts

Page 55: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

5) Before American courts merged the dual court system,what courts stood in contrast to

the law courts in England in applying a system of equity

B. Chancery Courts

Page 56: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

FAST FINGERS #5

READY?

Page 57: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

Place the following Federal Judicial Circuits in order starting from West to East

A. 7th B. 8th C. 9th D. 10th

Page 58: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

Place the following Federal Judicial Circuits in order starting from West to East

C. 9th D. 10th

B. 8th

A. 7th

Page 59: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

1) Although they all have some law making functions, which of the following branches

of government has the most?

A. Judicial B. Legislative C. Executive D. all equal

Page 60: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

1) Although they all have some law making functions, which of the following branches

of government has the most?

B. Legislative

Page 61: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

2) Which of the following opinions are most persuasive?

A. Dissenting B. Concurring C. Majority D. Split

Page 62: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

2) Which of the following opinions are most persuasive?

C. Majority

Page 63: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

3) Put the following Alabama courts in order from the highest court to the lowest.

A. Court of Civil Appeals B. District Courts C. Supreme Court of Alabama D. Circuit Courts

Page 64: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

3) Put the following Alabama courts in order from the highest court to the lowest.

C. Supreme Court of Alabama A. Court of Civil Appeals D. Circuit Courts B. District Courts

Page 65: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

4)What refers to an appellate court’s decision to send a case back

to a lower court?

A. Review B. Reject C. Remand D. Affirm

Page 66: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

4) What refers to an appellate court’s decision to send a case back

to a lower court?

C. Remand

Page 67: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

5) If a defendant pleads a counter-claim, then the plaintiff must respond with a

A. A reply B. A response C. An answer D. A request

Page 68: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

5) If a defendant pleads a counter-claim, then the plaintiff must respond with a

A. A reply

Page 69: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

FAST FINGER #6

READY?

Page 70: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

Put the following primary sources of law in the hierarchical position from highest to

lowest

A. Regulations B. Common Law C. Constitution D. Statute

Page 71: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

Put the following primary sources of law in the hierarchical position from highest to

lowest

C. Constitution D. Statute A. Regulations B. Common Law

Page 72: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

1) A party making an appeal may be referred to as

A. the respondent B. The appellee C. The appellant D. None of the above

Page 73: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

1) A party making an appeal may be referred to as

C. The appellant

Page 74: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

2) Issues of state law have a last resort in

A. That state’s Federal District Court B. That state’s Federal Court of Appeals C. The U.S. Supreme Court D. That state’s supreme court

Page 75: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

2) Issues of state law have a last resort in

D. That state’s supreme court

Page 76: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

3) If a state’s supreme courts adopts a restatement of law, the restatement becomes

what kind of authority?

A. Primary B. Secondary C. Tertiary D. Fourzees

Page 77: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

3) If a state’s supreme courts adopts a restatement of law, the restatement becomes

what kind of authority?

A. Primary

Page 78: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

4) Which of the following is not a form of discovery?

A Production of documents B. Request for Admission C. Physical examination of persons D. Request for summation

Page 79: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

4) Which of the following is not a form of discovery?

D. Request for summation

Page 80: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

5) A decision by the 3th Circuit Court of Appeals is binding precedent on

A. Federal District Courts in Pennsylvania

B. The 11th Circuit Court of Appeals C. Federal Districts Courts in New York D. The U.S. Supreme Court

Page 81: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

5) A decision by the 3th Circuit Court of Appeals is binding precedent on

A. Federal District Courts in Pennsylvania

Page 82: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

THE END

Page 83: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

Even if a plaintiff proves his or her burden of proof, a remedy will be denied if the

opposing part can prove

A. A demurrer B. An affirmative defense C. A service response D. Res ipsa

Page 84: WHO WANTS TO BE A UNITED STATES SUPREME COURT JUSTICE? Stages of a Case Court Structure Weight of Authority

Even if a plaintiff proves his or her burden of proof, a remedy will be denied if the

opposing part can prove

B. An affirmative defense