A. LEGAL SYTSTEM, COURTS, AND LEGISLATION-
1. All but which of the following are examples of special courts in the federal system:
a. U.S. Tax Court
b. U.S. Bankruptcy Court
c. U.S. Court of Federal Claims
d. Pierce County Superior Court
e. U.S. Court of Appeals for the Armed Forces
2. Which of the following statements IS NOT true as it relates to the authority of the U.S. Supreme Court?
a. The U.S. Supreme Court is the final authority on all matters of federal jurisdiction.
b. The primary function of the Supreme Court is one of review.
c. The key element in the Supreme Court's authority is that a federal issue must be at stake, either in the form of the parties (diversity jurisdiction) or in the constitutionality of a state or federal law.
d. Every case may be submitted to the United States Supreme Court for review.
e. All of the above statements are true.
3. Judicial review refers to the system by which each branch of government can use its specially designated powers to make sure the other branches act within their constitutionally prescribed limits.
4. The principle of stare decisis precludes the court from correcting erroneous decisions that were previously issued.
B. INTRODUCTION TO CIVIL PROCEDURE-
5. The party responding to a civil action has the initial burden of proof.
6. Equity law is the body of law developed by the courts that serves as precedent for the determination of later controversies.
7. Quasi-in-rem jurisdiction refers to the ability of a court to exercise jurisdiction over a person involved in litigation in the state in which the court is situated.
8. Subject matter jurisdiction refers to the authority of a particular court to hear a matter. If the court does not have proper subject matter jurisdiction, the judgment rendered is void.
9. Where there is diversity of the parties and the amount in controversy exceeds $75,000, the plaintiff may file his action in state court and only upon agreement of the other party, can it be removed to federal court.
10. Under the due process clause, a Washington court may not assert personal jurisdiction over a person unless:
a. The person is given adequate notice
b. The person is given an opportunity to be heard
c. The person has had "minimum contacts" with the forum state
d. A, B, & C
e. A & B
11. The doctrine of preemption precludes states from making laws on matters for which another state has already created regulations.
12. Which of the following is a remedy that can be obtained from a court of equity?
a. A maxim
b. Specific performance
c. Money damages
d. Stare decisis
C. TORTS-
13. The necessary elements of actionable negligence are: duty to exercise reasonable care; breach of duty to exercise reasonable care; foreseeable damages proximately caused by breach of duty to exercise reasonable care; and damages.
14. An independent intervening cause is a defense to the tort of negligence, if it is an unforeseeable cause, rather than a foreseeable event.
15. Strict liability in tort imposes liability without requiring any proof of lack of due care.
16. Battery is the tort of intentionally causing fear or apprehension of offensive or harmful contact in another person.
17. Libel and slander are both forms of defamation. Libel is defamation expressed orally, while slander is defamation expressed in writing or pictorially.
18. A licensee is a person invited upon the land as a member of the public or for a business purpose.
19. A trespasser is a person who enters or remains upon the land of another without permission or privilege to do so. Such individuals are entitled the same standard of care as invitees.
20. Res Ispa Loquitor refers to the direct evidence that the defendant's conduct caused the alleged harm.
D. CRIMINAL LAW-
21. Corporations may not be held criminally liable.
22. In the movie My Cousin Vinny, the officers appropriately advised the defendants of their Miranda rights.
23. If Gene mistakenly hits Audrey with his truck and kills her, when he intended to hit and kill Cerise, his intent to kill Cerise is transferred to Audrey, regardless of whether he even knew Audrey, for the purpose of fulfilling the mental element of the crime.
24. Driving under the influence is a crime while a person drives a vehicle under the influence of intoxicating liquor, marijuana, or any drug. A person is considered under the influence when the alcohol concentration is 0.02 or higher in his/her body within two hours of driving.
25. Misdemeanors are less serious crimes than felonies and punishable by a fine or imprisonment in a local jail.
26. The same conduct cannot be both a crime and a tort, which is a civil wrong.
27. Under the United States legal system, guilt is never presumed by the court.
28. The Fifth Amendment would protect a defendant from having to give blood samples to the prosecution since it would be a form of self-incrimination as interpreted by the courts.
29. Bill has had a problem with vandalism at his business, so he rigs up a spring gun at the entryway to his store, so that any after-hours intruder will be shot upon entry. Bill may legally use this deadly force to protect his business.
30. An officer may conduct a search of a person if that person looks suspicious.
31. The defendant must testify in a criminal proceeding.
32. The Fifth Amendment protects all individuals against unreasonable searches and seizures.
33. The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment.
34. Which one of the following IS NOT true of a criminal case?
a. Criminal cases are brought by the government, not by an individual.
b. In a criminal case, the defendant is presumed guilty until proven innocent.
c. A criminal conviction may result in jail and fines.
d. A criminal case requires a higher burden of proof.
35. Which of the following constitutes computer crime?
a. Theft or vandalism of computer hardware, software, or secrets.
b. Distributing child pornography via computer.
c. Implanting a malicious code.
d. All of the above.
36. The fraudulent conversion of another's property by one in lawful possession of it is:
a. robbery.
b. theft.
c. larceny.
d. embezzlement.
37. The defense of entrapment arises when:
a law enforcement official induces a person to commit a crime the person was already thinking about committing.
b. any person induces any other person to commit a crime when the person induced would not ordinarily have done so.
c. a police officer or other government official or agent acts to induce an individual to commit a crime when that individual would not ordinarily have done so.
d. law enforcement officials act aggressively to prevent a crime.
E. CONSTITUTIONAL LAW-
38. Action taken by private citizens may constitute state action if the state has encouraged the challenged private action.
39. The federal government's authority to govern economic matters flows from the Commerce Clause.
40. The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has restricted the powers of the federal government to regulate business.
41. The Commerce Clause allows the federal government to invalidate state laws that burden interstate commerce.
42. The First Amendment allows free speech in any and all circumstances.
43. The Minnesota Housing Authority plans to begin eminent domain proceedings to acquire 100 homes to rent to low-income persons. The Housing Authority wants to pay as little as possible for the homes so that it can acquire more homes in the future, but the homeowners insist they are entitled to the fair market value of the property. In a court hearing on the matter, the homeowners are likely to prevail.
44. The Wyeth v. Levine case illustrates the point that when Congress has not intended to displace all state legislation, nonconflicting state legislation is permitted.
45. The Bill of Rights restricts the power and authority of the federal government.
46. "Commercial speech" includes:
a. expressions related to the economic interests of the speaker and her audience.
b. speech proposing commercial transactions.
c. advertisements for a service.
d. All of the above.
47. The main purpose of the Bill of Rights was to:
a. enumerate all of the rights of U.S. citizens.
b. list the powers of the federal government.
c. provide for restrictions on the power of the federal government.
d. provide limitations on the powers of individuals.
48.The states may enact legislation concerning a subject in which there is a federal statute if:
a. Congress has not clearly indicated that it intends to control that subject matter.
b. the states petition the Supreme Court for permission.
c. the state legislation falls within the "necessary and proper" clause.
d. the states reserve the right at the time the federal statute is enacted.
49. All but which of the following classifications are deemed to be suspect classifications subject to the strict scrutiny analysis:
a. race
b. national origin
c. ethnicity
d. Legitimacy
50. If a law falls under the rational basis test, which of the following statements are true:
a. The state carries the burden of proof.
b. The plaintiff carries the burden of proof.
c. The regulation is presumed valid.
d. The regulation is presumed to be invalid.
e. A and C.
f. B and C.