Legal Studies Test 1

According to ___, judges in current cases follow whenever possible the interpretation of law determined by judges in prior cases. a. stare decisis b. Constitutional realism c. Statuary construction d. Constitutional relativism e. Legal realism

A

A valuable object given by a debtor to a creditor to secure a loan is referred to as the _____. a. Collateral b. Attachment c. Lien d. Easement e. Reversion

A

Judicial review is: a. The right of a court to review legislation and declare it unconstitutional b. The right of a legislature to pass statutes that overrule court decisions c. The right of an appellate court to overrule a lower courts decision d. The right of the exec branch to enforce or not enforce judicial decisions e. The right of a court to create laws

A

Quasi-scrutiny tests are made on cases involving classification based on ____ a. Gender b. Age c. Race d. National origin e. Height

A

The burden of proof in most criminal cases is: a. Beyond a reasonable doubt b. Preponderance of evidence c. Clear and convincing proof d. Circumstantial evidence e. Judgment not with standing the verdict

A

Typically the winner at the trial court level is called the ____ on the appeal. a. Appellee b. Appellant c. Counter plaintiff d. 3rd party e. Magistrate

A

Which of the following is intangible property? a. A patent b. A car c. Oxygen d. A house e. Gold

A

Which of the following is true about freedom of speech? a. Covers both verbal and written b. It exists to protect majority from minority c. Its protection relates to private action that restricts our ability to express ourselves d. It covers written communication but not conduct or actions e. It is an absolute constitutional guarantee

A

Danny has 5 pitiful dogs. they bark constantly and terrify the neighbor, terry, when terry tries to sell his house, no one will even look at it for fear of the dogs. if terry takes danny to court, what should he claim that danny has established a. a public nuisance a private nuisance c. an adverse possession d. an eminent domain e. an accession

B

If a person involved in case involving freedom of the press is a public official or figure, a plaintiff seeking damages for emotional distress caused by offensive publication must prove ___ in order to recover damages. a. Slander b. Actual malice c. Common law revenge d. Vilification e. Traducement

B

In addition to proving a case or controversy, what must the plaintiff prove to have standing to sue? a. Power of attorney b. A personal stake in the resolution c. At least 100,000 in damages d. Gross negligence e. Pain and suffering

B

In trial the ___ is the opportunity for the lawyers to give the jury the overall picture of the case and inform the jury of the facts they expect to prove and of the witnesses the expect to call. a. Deposition b. Opening statement c. Verdict d. Summation e. Interrogatory

B

Larry loses his watch in a city park. Frieda fins the watch lying in th grass while walking through the park. Frieda discovers larrys name and address engraved on the back of the watch. Which of the following is correct (assume no city statutes exist regarding lost property)? a. Frieda may keep the watch because it is misplaced property b. Frieda may keep the watch because it is lost property c. Frieda must contact larry and tell him that she has his watch d. Frieda must turn the watch over to whoever runs the park e. larry may sue frieda for the watch

B

Mike has a car accident and maria saves his life. to show his appreciation, mike gives maria a life estate in one of the homes he won. maria lives there for a while and the accepts a job in another state so she gives the property to her sister jackie. Jackie owns the property until: a. she dies b. Maria dies c. Mike dies d. both Mike and Maria die e. both Maria and Jackie die

B

Most lawsuits begin at the ____ level. a. Appellate court b. Trial court c. Supreme court d. Magistrates court e. State supreme court

B

Parties to litigation are entitiled, as a matter of right, to _____ appeal(s) of their case by a higher court. a. 0 b. 1 c. 2 d. 5 e. Unlimited

B

The citizens united decision was met with opposition from a number of individual and groups concerned about: a. The influence of legislatures in the judicial process b. The influence of corporate money in political elections c. The erosion off civil liberties d. The influence of alcohol e. The corruption of voter registration laws

B

The federal courts have original jurisdiction over all of the following matters EXCEPT: a. Questions of federal law b. Suits between citizens of the same state c. Controversies among the states d. When the US is a party e. Cases arising out of the US constitution

B

Those who believe in judicial restraint believe that social, political, and economic change in society should result from ____ rather than court action. a. Dispute resolution market interventions b. The political process c. Quiet introspection d. Governmental cooperation

B

What types of laws divide counties or municipalities, into use districts designated as residential, commercial, or industrial? a. Purchase money security interest b. Zoning ordinance c. Adverse possession d. Eminent domain e. Partitioning

B

When judges decide appeals from trial courts, make decisions on legal issues, they write their decision or ___, setting out reasons. a. Citations b. Opinions c. Codes d. Statutes e. ordinances

B

At the state level, the hierarchy of law sources begins with the state ____. a. Act b. Statute c. Constitution d. Citation e. Commercial code

C

So significant is the role of judges in the US that they determine the meaning of the constitution and can declare void the legislation of Congress and the acts of the president. This illustrates that the legal system in the US is based on _____. a. Civil law b. Religious law c. Common law d. Hybrid law e. Constitutional law

C

The party who files a civil action suit is called the ____ a. Defendant b. Appellee c. Plaintiff d. Appellant e. Respondent

C

Which of the following is true about the strict scrutiny approach? a. A classification will be an acceptance of equal protection b. A law creating different classification will survive an equal protection challenge c. Classifications that are subject to this approach are presumed to be unconstitutional d. This approach is used when classification are partial suspect or the rights involved are not fundamental e. This approach is used when classifications are rationally connected to a permissible government objective

C

___ is a courts power over the issues involved in the case. a. Power of attorney b. Judicial restraint c. Subject matter jurisdiction d. Judicial activism e. Res judicta

C

A series of written questions concerning the lawsuit sent to the opposing parties are known as: a. Depositions b. Requests for production c. Request for an admission d. Interrogatories e. Affidavits

D

After the complaint is filed, the first thing the defendant must file is the _____. a. Writ b. Notice of appeal c. Request for discovery d. Answer e. Deposition

D

Once the courts decision is final, the decision is conclusive as to all issues between the parties. This is called: a. Voir dire b. Chancery c. Execution d. Res judicta e. Nolo contender

D

Under the ____, courts may be called upon to decide if a state law is invalid because it conflicts with a federal law. a. Minimum rationality approach b. Exclusion clause c. Strict scrutiny approach d. Supremacy clause e. Contract clause

D

What is a writ of certiorari? a. The underlying principle of a case b. The process of finding out the facts of a cases c. An oath administered to a witness requiring him to speak the truth d. A request for permission to file an appeal with the US Supreme Court e. A plea wherein the defendant agrees not to contest the charges

D

Which of the following is most likely to be a function of a judge? a. Determining the relevant facts b. Presenting evidence to the jury c. Serving as representative advocates to the courts d. Applying the law to the facts e. Arguing the law to the court

D

___ property is an ownership fence which applies to resources like land that more than one individual owns jointly. a. Private b. Civil c. Public d. Common e. Tort

D

A _ deed promises the grantee (usually the buyer) that the grantor (seller) has good ownership and the full power to convey it a. Special warranty b. Pass title c. Quitclaims d. Freehold e. Warranty

E

A lawyers first duty is: a. To his or her client b. To make money c. To defeat the opposing lawyer d. To apply law to the facts e. The administration of justice

E

When a tenant in common dies, his or her share of the property ____ a. Passes to the state government b. Passes to the remaining tenants in common c. Passes to the highest bidder d. The federal gov't e. Passes to his or her heirs

E

When deciding on the jury panel, a party in a lawsuit can challenge a prospective juror on the basis of: a. The prospective juror race b. The v prospective juror gender c. The jurors lack of bias towards the case d. The prospective juror ethnicity e. Relationship to the opposing party

E

Which of the following can only apply to real property? a. Confusion b. Gifts c. Accession d. Bailments e. Easements

E

Which of the following is true of the role of jurors? a. They determine the applicable rules of law relevant to the case b. The present the evidence and arguments to the juries and judges c. The apply the law to the facts d. They apply constitutional limitations and guarantees e. They determine the facts from conflicting evidence

E

Which of the following statements are true of tort law? a. It involves the recognition of exclusive right in both tangible (physically touchable and intangible resources such as copyrights, patents, trademarks, etc. b. It covers the rules of how owners transfer resources by exchanging them c. It specifies various offenses against the proper order of the state d. It covers the legal principles that apply to government agencies, bureaus, boards or commissions e. It establishes tiles for compensation when an owners legal boundaries are wrongfully crossed by another

E

Which of the following states that government may not act in a manner that is arbitrary, capricious or unreasonable? a. Procedural clause b. Contract c. Exclusion d. Limitation e. Due process

E

___ cases involve whether proper notice has been given and a proper hearing has been conducted. a. Equal protection clause b. Contract c. Exclusion d. Limitation e. Procedural due process

E