Question 1. The court resolves disputes by
making new laws to meet the situation.
asking the legislature to make a new law to meet the situation.
applying existing constitutional, statutory, and case law to the situation.
applying only existing case law or precedent to the situation.
None of the above
Question 2. Punitive damages are also known as
special damages.
medical damages.
personal damages.
exemplary damages.
extraordinary damages.
Question 3. The Uniform Commercial Code controls
contracts for the sale of goods.
contracts involving interstate commerce.
contracts involving banks.
contracts for the sale of real property.
None of the above
Question 4. If a defendant makes a claim against a co-defendant in federal court, it is known as a
counterclaim.
cross-claim.
third-party action.
cross complaint.
demurrer.
Question 5. Crimes can be committed against
property.
persons.
the public.
B and C.
all of the above
Question 6. The warrant is intended to protect persons from
overeager law enforcement behavior.
bad informants.
exigent circumstances.
All of the above
None of the above
Question 7. Juries in criminal cases must render a unanimous verdict because
the Constitution requires it.
a person's liberty is at stake.
juries are in the best position to decide if someone is guilty.
Both a and b
None of the above
Question 8. Which of the following indicates a non-ownership interest in real property?
Mortgage
Deed of trust
Lien
Lease
All of the above
Question 9. Corporations are formed by filing which document with the secretary of state?
Bylaws
Articles of incorporation
Stock permit
Partnership agreement
Shareholder agreement
Question 10. Criminal defendants are not required to present evidence unless they claim _____.
self-defense
insanity
intoxication
Both A & B
None of the above
Question 11. Relevant facts are sometimes called
key facts.
focus facts.
explanatory facts.
important.
precedent.
Question 12. Before comparing your facts and issues with case law, it is important that you properly identify
important precedent.
facts and issues in your client's situation.
judicial history.
the question presented.
explanatory facts.
Question 13. The thesis paragraph should not
set forth the client's problem.
state the legal issue.
explain in detail the legal rules governing the issues.
state the legal conclusions.
None of the above
Question 14. "The actions were quickly regretted by her" is an example of
active voice.
passive voice.
use of unnecessary words.
ambiguous terms.
None of the above
Question 15. Consumer protection legislation
was developed largely as a response to marketing practices and changes in technology.
was developed as a result of consumer pressure for laws regulating manufacturers.
was developed as a result of pressure by manufacturers for regulation.
is a right guaranteed under the U.S. Constitution.
None of the above
Question 16. The government has an interest in ensuring that safe products are sold because
it ensures that manufacturers produce goods which are defect-free.
the consumer gets a higher-quality product.
it expects that manufacturers produce goods so that they perform as expected.
All of the above
None of the above
Question 17. Some secondary sources are referred to as
annotations.
dictionaries.
finding tools.
research manuals.
indexes.
Question 18. Works that may be copyrighted could include:
Paintings
musical composition
choreography
None of the above
All of the above
Question 19. The case brief is often the first step in preparing a formal written analysis, often called
a legal memorandum.
precedent.
stare decisis.
case report.
None of the above
Question 20. If an employee is driving a company van and runs a red light causing serious injury to the other driver, the employer could be held liable under what theory?
Contributory negligence
respondeat superior
res ipsa loquitur
all of the above
None of the above
Question 21. A defense to copyright infringement could include:
Contributory negligence
fair use
the material is not on the internet
All of the above
None of the above
Question 22. The law will not allow a person to escape liability for dangerous activities by simply
leaving the state.
hiring an independent contractor to perform for them.
declaring bankruptcy.
changing his or her procedures after an injury has occurred.
declaring that the injured person assumed the risk.
Question 23. An advantage of a corporation is
limited liability for the owners.
unlimited life of the corporation.
ease of transferability of ownership interests.
All are advantages of a corporation.
Question 24. Which of the following frequently offer arbitration services
Private judges
The court
The American Arbitration Association
None of the above
All of the above
Question 25. How does the use of trademarks influence consumer behavior? Name a trademark or service mark with which you are most familiar and why you use this product.
Question 26. First Amendment protection includes words and actions. However, the First Amendment protection is not absolute. Provide an example of protected symbolic speech. Provide an example of First Amendment speech that is not protected.
Question 27. How does the Internet create challenges in protecting a copyright?
Question 28. What is the best way to use a legal encyclopedia when conducting legal research?
Question 29. How does the plaintiff in a civil case differ from a plaintiff in a civil case?
Question 30. What is meant by the term bicameral legislature?
Question 32. Before a court can resolve a legal dispute, the court must have jurisdiction. What are the the components of jurisdiction and how are they defined?
Question 33. If you are presented with a legal issue for analysis, what are the steps you can take to find out how to resolve that issue? What would be the resources you would use and how would you go about finding those resources?