Chapter 1 The Nature of Law and Critical Legal Thinking
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.
1)The sources of the law in this country are the:
A) U.S. Constitution.
B) State constitutions.
C) Federal and state statutes, ordinances, administrative rules, executive orders, and judicial decisions.
D) All of the above.
2)Businesses organized in the U.S. are subject to:
A) U.S. laws.
B) Ethical duties in the conduct of its affairs.
C) Laws of countries where they operate.
D) All of the above.
3)Critical legal thinking involves:
A) Specifying the issue.
B) Identifying the key facts and applicable law.
C) Applying the law to the facts.
D) All of the above.
4)By providing a basis for compromise, U.S. law provides for settlement prior to trial in:
A) 40 percent of all lawsuits.
B) 77 percent of all lawsuits.
C) 90 percent of all lawsuits.
D)None of the above.
5)The law is:
A) Vague and variable.
B) A comprehensive, eternalized set of rules.
C) Permanent and inflexible in its application.
D) None of the above.
6)The following is an example of the natural law school of jurisprudence:
A) The Code of Hammurabi.
B) U.S. Constitution.
C) U.S. Code.
D) None of the above.
7)Some misuses and oversights of our legal system include
A) Abuses of discretion.
B) Mistakes by judges and juries.
C) Unequal application of the law.
D) All of the above.
8)Battered women's syndrome may prove self-defense in homicide cases where:
A)The defendant is especially grieved and remorseful.
B)The woman is accused of killing her husband or other male, and there is evidence is sustained violence against the women.
C) The victim was not well liked or respected in the community.
D) None of the above.
9)Precedent provides:
A)Suggested rules for deciding cases.
B)The basis for deciding similar issues in latter cases.
C)That what is decided by upper courts is not relevant or applicable to lower courts.
D) All of the above.
10) Which of the following are examples of civil law codes?
A) Corpus Juris Civilis.
B) French Civil Code.
C) German Civil Code.
D)All of the above.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11)The law is based primarily on the French civil law system.
12)A function of the law is to facilitate orderly change.
13) Administrative agencies are established to enforce and interpret statutes enacted by Congress and state legislatures.
14)The U.S. Constitution and treaties are secondary to state laws and local ordinances.
15)The Defendant is the party that brought the law suit.
16)Judges apply legal reasoning in deciding cases.
17) Administrative agencies are created by the judicial branch.
18) The Spanish and French civil law systems influence U.S. law.
19) The natural law school of jurisprudence suggests that the law is based on what is "correct."
20)The analytical school of jurisprudence suggests that the law is based on social traditions and customs developed over centuries.
Chapter 2: The American Court System
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.
1)Examples of state limited-jurisdiction trial courts include:
A)Traffic courts.
B) Juvenile courts.
C)Family-law courts.
D)All of the above
2)Federal judges are appointed by the President, with advice and consent of the Senate, for:
A)Life.
B) 14-year terms.
C) 8-year terms.
D) All of the above.
3)The 11 territorial and D.C. Circuit U.S. Courts of Appeals hear cases involving:
A)Federal claims.
B) International trade.
C)Patent and trademark.
D)None of the above.
4)Which Article and Section of the U.S. Constitution gives the President the power to appoint Supreme Court justices?
A)Article II, Section 2.
B) Article III, Section 1.
C) Article VI, Section 7.
D) None of the above.
5) A plurality decision means:
A) A majority cannot agree as to the outcome of the case.
B) A majority agree with the outcome, but not with the reasoning.
C) A tie vote is cast.
D) None of the above.
6)A Supreme Court justice who agrees with the outcome of a case, but not the reasoning, may issue a:
A) Minority opinion.
B) Dissenting opinion.
C) Concurring opinion.
D)Non-concurring opinion.
7)The Supreme Court usually decides to hear which kinds of major constitutional questions?
A)Freedom of Speech.
B)Freedom of Religion.
C)Equal protection.
D)All of the above.
8)Diversity of citizenship for jurisdictional purposes involves:
A) Citizens of different states.
B) A citizen of a state and a citizen or subject of a foreign country.
C) A citizen of a state and a foreign country where the foreign country is the plaintiff.
D) All of the above
9)For a court to have authority to hear a case:
A) The plaintiff must have standing to sue.
B) The court must have jurisdiction.
C) The case must be brought in the proper venue.
D) All of the above
10)State courts have exclusive jurisdiction for:
A)Bankruptcy.
B)Copyright.
C) Patents.
D)None of the above.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11) There are three major court systems in the U.S.
12)Decisions of limited-jurisdiction trial courts can usually be appealed to a general-jurisdiction court or appellate court.
13)The highest state court hears no new evidence or testimony.
14)The Constitution authorizes Congress to establish inferior federal courts.
15)The U.S. Court of International Trade hears cases involving federal tax laws.
16)Statements of general opinion – puffery – are not actionable under the Lanham Act.
17)The Supreme Court of the U.S. cannot come to a tie decision.
18)Cases arising under the U.S. Constitution, treaties, and federal statutes and regulations are "federal questions" for jurisdictional purposes.
19)State courts may elect to hear cases involving federal crimes.
20)If a plaintiff brings a case involving concurrent jurisdiction in a state court, the defendant can remove the case to federal court.
Chapter 3: Civil Litigation and alternative Dispute Resolution
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.
1) The complaint must:
A) Name the parties to the lawsuit.
B) Allege the facts and law violated.
C) Contain a prayer for relief.
D) All of the above.
2)Which is not a cost-benefit analysis factor?
A) The probability of winning or losing.
B) The lawyer's fees and other litigation costs.
C) The facts of the case are curious.
D) The unpredictability of the legal system.
3) Under Federal Rule of Procedure 8(a)(2), the following is required for the notice pleading:
A) A precise statement of the claim.
B) A detailed analysis of the claim.
C) A short and plain statement of the claim
D) None of the above.
4) Depositions are taken from:
A) Parties.
B) Witnesses.
C) Both of the above.
D) None of the above.
5) Why did the Norgart's lose their case?
A) The plaintiff's alleged facts were proved incorrect.
B) The defense lawyer's just put on a better case.
C) They missed the cutoff for the statute of limitations.
D) None of the above.
6) An attorney in a civil case can represent the plaintiff on the following fee basis:
A) Hourly.
B) Project.
C) Contingency fee.
D)All of the above.
7) Interrogatories are:
A)Written questions.
B) Document requests.
C)Medical examinations.
D)Depositions.
8) A motion for summary judgment asserts:
A)That the law requires only one outcome.
B)One of the parties has not presented their case well.
C)There are no factual disputes to be decided.
D)All of the above.
9) Pretrial conferences are:
A) Formal proceedings before the court.
B) Permitted by federal and most state rules.
C) To nail down all of the last minute items before going into trial.
D) None of the above.
10)Trials consist of:
A)Jury selection.
B) Opening statements.
C) Jury instructions.
D)All of the above.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11)The process of bringing, maintaining, and defending a lawsuit is called mediation.
12)The complaint must be served on the defendant by a sheriff.
13)If the defendant does not answer the complaint, it will be dismissed.
14) Most statute of limitations are from ten to twenty years, depending on the type of case.
15) During discovery, the plaintiff alone is allowed to collect information about the case.
16) So-called "e-filing" of pleadings is still something of the future.
17)Under a contingency fee arrangement, the lawyer received an hourly fee for his work on the case.
18) In a lawsuit, parties are limited to evidence that is presented during depositions.
19) Only the defendant is allowed to file pretrial motions.
20) In Boury v. Ford Motor Company a large civil award from the jury was appealed and was consequently reversed.
Chapter 4: Criminal Law and Ethics
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.
1) Criminal laws in the United States are enacted by:
A) Federal government.
B) State governments.
C) Municipal governments.
D) All of the above.
2) A person charged with a crime in the United States is:
A) Presumed guilty.
B) Presumed not-guilty.
C) Presumed innocent until proved guilty.
D) None of the above.
3)A criminal conviction requires a:
A) Magnanimous jury vote.
B) Hung jury vote.
C) Divided jury vote.
D) Unanimous jury vote.
4) The following may be imposed for a crime:
A)Imposition of a fine.
B)Imprisonment.
C)Both of the above.
D)None of the above.
5) All crimes can be classified as:
A)Felonies.
B)Misdemeanors.
C) Violations.
D)All of the above.
6) Actus reus indicates:
A)Rough actor.
B) Criminal intent.
C)Guilty act.
D) None of the above.
7)The mens rea indicates or includes:
A) Purposeful.
B) Knowingly.
C) Recklessly or with criminal negligence.
D) All of the above.
8)To inhibit identity fraud, law-enforcement officials suggest that you:
A) Unless legally required, never put your social security number on any document.
B) Obtain and review copies of your credit report at least twice each year.
C) Use passwords other than maiden names and birthdays on bank accounts.
D) All of the above.
9) Pretrial criminal procedure includes the following:
A) Arrest.
B) Information.
C) Both of the above.
D)None of the above.
10)At the arraignment proceeding, the accused may plead:
A) Guilty.
B) Not-guilty.
C) Nolo-contendere.
D)All of the above.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11) The United States has one of the most advanced and humane criminal law systems in the world.
12) The burden of proof is on the defendant to show he or she is not-guilty.
13) The list of crimes is "set in stone."
14) In a criminal lawsuit, a private party is usually the plaintiff.
15) Misdemeanors include crimes that are mala in se.
16) Mala prohibita crimes are those that are inherently evil.
17) The Model Penal Code has four levels of culpable mental state.
18) Specific intent is where the accused acted unintentionally.
19) Criminal charges may be brought even though the act was accidental.
20) Federal Rules of Civil Procedure govern all criminal proceedings in federal courts.
Chapter 5: Constitutional Law and Freedoms
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.
1) The three branches of government do not include:
A) Legislative.
B) Electoral.
C) Judicial.
D)All of the above.
2) The U.S. Constitution serves the following purposes:
A) It creates three branches of the federal government.
B) It protects individual rights.
C) Both of the above.
D) None of the above.
3) The Supremacy Clause establishes that the following are not the supreme law of the land:
A)Constitution of the U.S.A.
B) Federal laws.
C)Local laws.
D) Federal regulations.
4)The federal government may regulate:
A)Interstate commerce.
B) Intrastate commerce.
C)Both of the above.
D)None of the above.
5) The Commerce Clause gives Congress the power to regulate commerce with:
A)Foreign nations.
B)Among the several states.
C)Indian Tribes.
D) All of the above.
6)The Driver's Privacy Protection Act of 1994 prohibits:
A)Insurers, manufacturers, and direct marketers from purchasing drivers license information from states.
B) A person from disclosing personal information to police during routine stops.
C) A state from selling the personal information of a person unless the state first obtains that person's affirmative consent.
D)None of the above.
7)The first ten Amendments to the Constitution:
A) Are called the Bill of Rights.
B) Were added to the Constitution in 1791.
C) Both of the above.
D) None of the above.
8) The U.S. Supreme Court places speech into three categories:
A) Fully protected speech.
B) Limited protection speech.
C)Unprotected speech.
D)All of the above.
9) The First Amendment protects:
A) Oral speech.
B) Written speech.
C) Symbolic speech.
D)All of the above.
10)The Fourteenth Amendment provides:
A) The Equal Protection Clause.
B) The Due Process Clause.
C) The Privileges and Immunities Clause.
D) All of the above.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11) According to Woodrow Wilson, the Constitution of the United States is a mere lawyer's document.
12) Federalism means that all undelegated powers are reserved to the federal government.
13)Certain checks and balances were built into the Constitution.
14)The judicial branch has the authority to examine the acts of the other two branches of government and determine whether those acts were constitutional.
15) The executive branch can enter into treaties with foreign governments under its own authority.
16)The legislative branch of the federal government is authorized to create state courts and to determine their jurisdiction.
17)The preemption doctrine involves the concept of federal law taking precedence over state and local law.
18)In a case where the federal law does not provide for exclusive jurisdiction, the state and local governments may have concurrent jurisdiction.
19)In Geier v. American Honda Motor Company the state tort law had concurrent jurisdiction with the federal standard.
20)In Cipollove v. Liggett Group the Supreme Court found that the Federal Cigarette Labeling and Advertising Act preempted state tort court action.
Chapter 6: Torts and Product Liability
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.
1)Tort is the French word for:
A)Damages.
B) Fees.
C) Wrong.
D)All of the above.
2) Law protects persons from the unauthorized:
A)Touching.
B)Restraint.
C)Other contacts.
D)All of the above.
3)Assault is:
A) The threat of immediate harm or offensive contact.
B) Any action that arouses reasonable apprehension of imminent harm.
C) Both of the above.
D) None of the above.
4) Examples of battery, if injury occurs, include:
A)Knocking off a hat.
B) Throwing a rock.
C) Shooting an arrow.
D)All of the above.
5) Under the shopkeeper's privilege, merchants may stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if:
A) There is reasonable grounds for the suspicion.
B) Suspects are detained for only a reasonable time.
C) Investigations are conducted in a reasonable manner.
D) All of the above.
6)Defamation of character requires the plaintiff to prove that:
A) The defendant made an untrue statement of fact about the plaintiff.
B) The statement was intentionally or accidentally published to a third party.
C) Both of the above.
D) None of the above.
7) In the tort of appropriation, the plaintiff can:
A) Recover the unauthorized profits made by the offending party.
B) Obtain an injunction against further unauthorized use of their identities.
C) Both of the above.
D) None of the above.
8) Examples of the tort of invasion of the right to privacy include:
A) Reading someone else's mail.
B) Wiretapping.
C) Searching another's personal computer.
D) All of the above.
9)In a suit for malicious prosecution, the courts require plaintiffs to prove:
A) The plaintiff in the original lawsuit instituted or was responsible for instituting the original lawsuit.
B) There was no probable cause for the first lawsuit.
C) The plaintiff in the original lawsuit brought it with malice.
D) All of the above.
10)Unintentional torts require that the plaintiff prove:
A) The defendant owed a duty of care to the plaintiff.
B)The defendant breached the duty of care.
C) The plaintiff suffered injury.
D) All of the above.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11) The doctrine of transferred intent transfers the perpetrator's intent from the target to the actual victim of the act.
12) False imprisonment requires that the victim be locked up in a municipal or other official jail or prison.
13)In Wal-Mart Stores v. Goodman the civil jury found that Wal-Mart had acted reasonably.
14)Publication, in terms of defamation of character, means published in the newspaper, magazine, or in books.
15)The term for an oral defamatory statement is libel.
16) Opinions are often defamatory and actionable.
17) People normally do not have exclusive legal rights to control and profit from the commercial use of their name and personality.
18) The courts look favorably on malicious prosecution lawsuits.
19) There is no such thing as the tort of outrage.
Chapter 7: Contracts and E-Commerce
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.
1) Examples of contracts are:
A)Sales contracts.
B)Rental agreements.
C)Licensing agreements.
D) All of the above.
2)In a contract:
A) The offeree makes an offer