mgt

In a criminal trial, the standard of proof - beyond a reasonable doubt - would have a certainty range of: A. 99 percent. B. 51 percent. C. 1 percent. D. 49 percent. E. 70 percent.

A

Legal realism is like legal positivism in the belief that the: A. Law is the product of human making. B. Outcome of any legal dispute depends upon who is in the position to exercise power under law. C. Social and economic considerations of a case should be brought to bear in legal decision making. D. Judges do not use any factors other than the written law when rendering decisions. E. Judicial interpretation is necessary and was contemplated by our Founding Fathers as a built-in check and balance to the other branches of government.

A. Law is the product of human making.

What is considered a more serious loss in a criminal case? A. Loss of liberty B. Loss of one's assets C. Loss of business D. Loss of reputation E. Loss of ownership

A. Loss of liberty

Andrew and Danielle are the original parties to a contract but they subsequently agree that Julie should take the place of Danielle and assume all of her rights and duties under the contract, in place of Danielle, and that Andrew would not sue Danielle in the event of a breach. This arrangement is called a: A. Novation B. Accord and Satisfaction. C. Assignment. D. Delegation.

A. Novation

Under the ADA, an employer is required to bump a qualified candidate for an open position as a reasonable accommodation for A. an existing employee who is unable to perform the essential functions of his/her current position who meets all of the minimum qualifications of the open position B. an existing employee who is unable to perform the essential functions of his/her current position who meets all of the minimum and preferred qualifications of the open position C. an existing employee who is unable to perform the essential functions of his/her current position who is requesting to be put into the open position because s/he likes this position better than his/her current position D. None of the above

A. an existing employee who is unable to perform the essential functions of his/her current position who meets all of the minimum qualifications of the open position

The standard of proof in a criminal trial is: A. beyond a reasonable doubt. B. reasonable suspicion. C. preponderance of the evidence. D. clear and convincing evidence. E. plaintiff's burden.

A. beyond a reasonable doubt.

An opinion that expresses agreement with the majority's outcome, but not their reasoning, is called a: A. concurring opinion. B. dissenting opinion. C. majority opinion. D. nonconforming opinion. E. memorandum opinion

A. concurring opinion.

When someone is charged with committing a crime, he/she is charged by the government in a(n): A. indictment. B. covenant. C. class-action. D. due process. E. novation.

A. indictment.

Punitive damages are: A. money damages awarded to punish the defendant for gross and wanton negligence and to deter future wrongdoing. B. money damages whose amount the parties designate during the formation of a contract for the injured party to collect as recompense upon a specific breach. C. money damages to recompense for economic losses, or losses stemming from injuries. D. very small damages awarded to show that the loss suffered was technical rather than actual. E. pre-established damages for cases where calculating a correct sum is deemed difficult.

A. money damages awarded to punish the defendant for gross and wanton negligence and to deter future wrongdoing.

Which of the following do not enjoy any protection under the First Amendment? A. obscenity B. commercial speech C. symbolic speech D. flag burning

A. obscenity

According to the Fourth Amendment requirements, the government must first obtain a search warrant to search a particular area for particular items if there is a reasonable expectation of privacy in the area to be searched. The search warrant is issued only on: A. probable cause. B. reasonable grounds. C. benefit of assumption. D. reasonable suspicion. E. substantive due process.

A. probable cause.

According to _____, before a government can move to take away life, liberty, or property, the defendant is entitled to at least adequate notice, a hearing, and a neutral judge. A. procedural due process B. the doctrine of prior restraint C. the Establishment Clause D. the Free Exercise Clause E. substantive due process

A. procedural due process

After a particular legal issue has been decided in a jurisdiction, there is a high probability that subsequent cases that present the same legal issue will use the same rule of law generated from already-decided cases regarding the same legal issue. This policy is known as _____. A. stare decisis B. bicameral C. unconstitutional D. vice laws E. enabling legislation

A. stare decisis

Negligence is distinguished from intentional torts in that: A. there is a lack of intent to cause harm. B. the tortfeasor knows with substantial certainty that certain consequences will result from the act. C. it involves assault and battery. D. it involves conscious wrongdoing. E. there is neither intent nor carelessness.

A. there is a lack of intent to cause harm.

Under common law, shareholders could sue a company that conducted business beyond the scope of its articles. These actions are called: A. ultra virus B. actus reus C. quid pro quo D. respondeat superior E. mens rea

A. ultra virus

Which method is most preferable in terms of receiving property? A. warranty deed B. stolen C. voluntary bailment D. quitclaim deed

A. warranty deed

Attorney-client privilege would be invoked in which of the following scenarios: A. A husband, who is an attorney, refuses to disclose information shared with him by his wife in a confidential email. B. An attorney refusing to disclose an admission of guilt provided by his client during a conversation in his office. C. A physician refuses to reveal whether his patient is truly amnesiac. D. A district attorney refusing to turn over evidence that he knows will cause the government to lose a case against a serial polluter. E. A rabbi refusing to disclose the crime confessed to him by a penitent

B. An attorney refusing to disclose an admission of guilt provided by his client during a conversation in his office.

_____ is a constitutional guarantee of fairness by procedure. A. Chattel mortgage B. Due process C. Restitution D. Forfeiture E. Strict scrutiny

B. Due process

_____ means fundamental fairness and decency: A. Equal protection B. Due process C. Privileges and immunities D. Prurient interest

B. Due process

is a constitutional guarantee of fairness by procedure. A. Chattel mortgage B. Due process C. Restitution D. Forfeiture E. Strict scrutiny

B. Due process

Lauren, a private individual, files a defamation suit against the Mesabi Daily News. Recording star Emily files a defamation suit against the Mesabi Daily News. To recover damages, actual malice must be shown in the action brought by: A. Lauren only. B. Emily only. C. Lauren and Emily. D. Lauren or Emily.

B. Emily only.

The U.S. Constitution created the structure of the federal government by distinguishing which three branches? A. City, state, federal. B. Executive, legislative, judicial. C. Legislative, judicial, administrative. D. International, tribal, state. E. Public, private, procedural.

B. Executive, legislative, judicial.

A voidable contract means that a contract does not exist at all. A. TrueB. False

B. False

An attorney who becomes aware that his or her client intends to commit perjury is required to remain quiet about the act due to attorney-client privilege. A. TrueB. False

B. False

Contrary to popular belief, there is an actual statute that makes sexual harassment illegal. A. TrueB. False

B. False

Cybercrimes do not include activities like hacking and identity theft. A. TrueB. False

B. False

Discrimination is always illegal. A. TrueB. False

B. False

During Justice Scalia's interview with 60 Minutes, he stated that judicial activists believe the Constitution must be interpreted as it was meant when it was written, whereas originalists believe that the Constitution must be interpreted in light of society's needs. A. TrueB. False

B. False

For common-law contracts, the primary issue is whether the parties intended to enter into a binding agreement. A. TrueB. False

B. False

If the state cannot prove its case, then the defendant will be released and he/she may be tried for that crime again. A. TrueB. False

B. False

In Roe v. Wade, judicial activists believe that Roe has no constitutional foundations to stand on since there is no right to privacy mentioned in the Constitution. A. TrueB. False

B. False

In the Dred Scott v. Sanford case, the Supreme Court refrained from using the power of judicial review to strike down legislation. A. TrueB. False

B. False

Persons visiting the United States temporarily, such as tourists and students, as well as undocumented aliens, are not entitled to the full protections of the U.S. Constitution while subject to U.S. law. A. TrueB. False

B. False

Since product liability is strict liability, the plaintiff's comparative negligence is a defense. A. TrueB. False

B. False

Substantive law describes the legal rules that must be followed. A. TrueB. False

B. False

The Foreign Corrupt Practices Act (FCPA) outlaws grease payments. A. TrueB. False

B. False

The Statute of Frauds requires all types of contracts to be in writing to be enforceable. A. TrueB. False

B. False

The Supreme Court's jurisdiction is mandatory, not discretionary. This means the justices do not have a choice in choosing the cases they want to hear. A. TrueB. False

B. False

The Unauthorized Access to Stored Communications Act has a broad sweep, therefore, many prosecutions have occurred under this Act. A. TrueB. False

B. False

Title VII applies to employers with more than 10 employees. A. TrueB. False

B. False

Title VII prohibits all discrimination. A. TrueB. False

B. False

The U.S. Chief Supreme Court Justice is: A. Anthony Kennedy. B. John Roberts. C. Clarence Thomas. D. Steven Breyer.

B. John Roberts.

Which of the following statements about religious discrimination is true? A. The law makes it illegal to treat an employee unfavorably because of his/her religious beliefs. B. The law extends protection only to major religions such as Buddhism, Christianity, and Islam. C. Employees sometimes can be required to participate in any religious activity as a condition of employment. D. The law strictly does not extend its protection to anyone who has sincerely held moral beliefs. E. Employers must reasonably accommodate an employee's religious beliefs or practices irrespective of how it affects the employer's operation of

A. The law makes it illegal to treat an employee unfavorably because of his/her religious beliefs.

Which of the following statements about religious discrimination is true? A. The law makes it illegal to treat an employee unfavorably because of his/her religious beliefs. B. The law extends protection only to major religions such as Buddhism, Christianity, and Islam. C. Employees sometimes can be required to participate in any religious activity as a condition of employment. D. The law strictly does not extend its protection to anyone who has sincerely held moral beliefs. E. Employers must reasonably accommodate an employee's religious beliefs or practices irrespective of how it affects the employer's operation of business.

A. The law makes it illegal to treat an employee unfavorably because of his/her religious beliefs.

A neutral third-party decision maker has power to resolve disputes in arbitration and litigation, but not in negotiation or mediation. A. TrueB. False

A. True

A state law that discriminates against out-of-state commerce, or places an undue burden on interstate commerce, would violate the dormant commerce clause. A. TrueB. False

A. True

A warranty deed is where a grantor promises she owns what she says she owns, and if this is not true, a person can sue her for breach of promise. A. TrueB. False

A. True

An artist who has brought a claim against a gallery for failure to provide appropriate lighting during a recent exhibit (as guaranteed in a contract) would have standing to litigate. A. TrueB. False

A. True

Common law governs contracts for services and also contracts not otherwise governed by the Uniform Commercial Code. A. TrueB. False

A. True

Contracts are a form of private law because the terms contained within a contract bind the relevant parties, not the public as a whole. A. TrueB. False

A. True

Defamation can take place against goods or products instead of people. A. TrueB. False

A. True

Defense of others is a reasonable and proportionate force used to defend another person from harm or injury. A. TrueB. False

A. True

Exploiting a known sensitivity in a child, the elderly, or pregnant women can constitute intentional infliction of emotional distress. A. TrueB. False

A. True

Mineral rights are rights to the substances beneath the actual surface of the land. A. TrueB. False

A. True

Product misuse is a defense to strict product liability. A. TrueB. False

A. True

Standing requires that a case be brought at the right time and by the right person. A. TrueB. False

A. True

States are permitted to tax, but only if the activity taxed has a nexus to the state. A. TrueB. False

A. True

The 1866 Civil Rights Act provides victims of race discrimination several advantages over Title VII. A. TrueB. False

A. True

The primary purpose of retailers such as Wal-Mart is to sell personal property. A. TrueB. False

A. True

The rules of subject matter jurisdiction dictate whether a case is heard in state or federal court. A. TrueB. False

A. True

There is no liability for defamatory remarks left on a Facebook wall. A. TrueB. False

A. True

To be considered sexual harassment, the harassment must be so severe that it alters the conditions of the victim's employment. A. TrueB. False

A. True

When physical touching is absent, courts sometimes permit the tort of intentional infliction of emotional distress to be claimed. A. TrueB. False

A. True

A law violates the Establishment Clause if it is: A. Racially motivated B. Motivated by religion C. Discriminatory towards immigrants D. Unfair to non-English speakers

B. Motivated by religion

The University of Dayton is not bound to comply with the due process clause because: A. Universities of a certain size are exempt B. Private entities are exempt C. Universities with a certain endowment are exempt D. All of the above

B. Private entities are exempt

The destruction of key evidence before a trial is called: A. admission B. Spoliation C. request for production D. interrogatory

B. Spoliation

What is the principle that courts should follow precedents? A. Civil law. B. Stare decisis. C. Statutory law. D. Procedural law. E. Substantive law.

B. Stare decisis.

Which of the following best describes extraordinary rendition? A. The division and sharing of power between state and federal governments B. The capture and transfer of suspected criminals from one country to another for interrogation C. The right to seek release from unlawful detention by petitioning a neutral judge D. The doctrine that certain information on national security is so sensitive that it cannot be disclosed in court E. The theory in constitutional law that the president controls the entire executive branch, totally and completely

B. The capture and transfer of suspected criminals from one country to another for interrogation

Which of the following statements about the Uniform Commercial Code (UCC) is true? A. The UCC article 2 governs contracts for services and securities. B. The UCC article 1 governs contracts between merchants and the sale of goods. C. The UCC seeks to provide uniformity to contract law among the different states. D. The UCC contract formation includes offer, acceptance, and consideration. E. The UCC governs land and houses.

C. The UCC seeks to provide uniformity to contract law among the different states.

A lawyer's first duty is to: A. The judge B. The client C. The administration of justice D. The public

C. The administration of justice

Identify the correct statement about the Unauthorized Access to Stored Communications Act. A. Hacking into an e-mail account provider is not prohibited by this act. B. Hacking into a home computer or a business computer is prohibited by this act. C. The courts have a narrow reading of the law, therefore only a few prosecutions have occurred under this Act since its enactment. D. Courts have held that Internet service providers are "electronic communications devices" that are covered by this act. E. It is a federal statute that carries punishments for compromising computers used in interstate commerce or communication.

C. The courts have a narrow reading of the law, therefore only a few prosecutions have occurred under this Act since its enactment.

While stranded on a tropical island, Brooks perfects a recipe for a delicious mango papaya smoothie. Upon his miraculous rescue and return to San Francisco, Brooks decides to protect his recipe with trade secret protection. In order to do so, he must: A. apply with the Federal Trade Secrets Agency B. apply with the Copyrights and Patents Office C. take steps to keep his recipe secret from the public D. none of the above

C. take steps to keep his recipe secret from the public

Judges who adhere to the judicial activist philosophy believe: A. that any right not listed in the Constitution does not exist. B. they do not have the power to "invent" a new right. C. that the Constitution is a "living document." D. in preserving the original meaning of the Constitution. E. that their role is to strictly interpret the Constitution and nothing more.

C. that the Constitution is a "living document."

In Liebeck v. McDonalds, Liebeck acquired 3rd degree burns on her legs when scalding coffee was spilled on her lap A. when Liebeck attempted to simultaneously drive and drink the coffee B. when McDonald's passed Liebeck the coffee through the drive-thru window C. while Liebeck was sitting in the passenger seat in a parked car D. while Liebeck was paying for the coffee inside the restaurant

C. while Liebeck was sitting in the passenger seat in a parked car

A subsidiary, a company wholly owned or controlled by another company, is formed to hold real property so that premise liability is limited to that real estate subsidiary only. TrueFalse

true

The judges who criticized Roe v. Wade believed that: A. Judges have a role in shaping a "more perfect union" as described in the Constitution. B. The Constitution is a "living document" and should be interpreted in light of society's needs. C. Their role is to safeguard the voice of the minority groups and the oppressed and to deliver the promise of liberty in the Constitution to all Americans. D. The Constitution must be interpreted as it was meant when it was written as opposed to how society would interpret the Constitution today. E. The constitution should be broadly construed.

D. The Constitution must be interpreted as it was meant when it was written as opposed to how society would interpret the Constitution today.

Which law provides that anyone who blows the whistle on a federal contractor committing fraud on the government can personally receive a portion of any amount recovered, up to 25 percent? A. The Ethics in Government Act B. The Freedom of Information Act C. The Privacy Act D. The False Claims Act E. The Sarbanes-Oxley Act

D. The False Claims Act

Which of the following laws requires federal law enforcement officials to seek a search warrant from a secret court before carrying out wiretapping? A. The Regulatory Flexibility Act B. The Civil Rights Act C. The REAL ID Act D. The Foreign Intelligence Surveillance Act E. The Uniform Custodial Trust Act

D. The Foreign Intelligence Surveillance Act

Which of the following requires certain contracts to be in writing and signed by the defendant to be enforceable against the defendant? A. Good Samaritan law B. The statute of limitations C. Parol evidence D. The Statute of Frauds E. The mandatory arbitration clause

D. The Statute of Frauds

Which of the following is true about the standard of proof in a criminal trial? A. The protections afforded to a criminal defendant are less when compared to those afforded to defendants in a civil proceeding. B. The standard of proof in a criminal trial is a constitutional guarantee of fairness by procedure. C. The defendant in a criminal case stands to lose much less when compared to a defendant in a civil case. D. The defendant in a criminal case does not have to prove anything, because the burden is on the government to prove its case. E. The standard of proof in a criminal trial requires the plaintiff to prove the case only by a preponderance of the evidence.

D. The defendant in a criminal case does not have to prove anything, because the burden is on the government to prove its case.

Which of the following is true about the tort of assault? A. In assault, the contact or touching does not have to be in person. B. It is a completed battery. C. Physical injuries are required for assault. D. It is any unconsented touching, even if physical injuries are not present. E. A sense of apprehension is enough for assault.

E. A sense of apprehension is enough for assault.

Which of the following is a major advantage of sole proprietorships? A. If sole proprietors seek funding from banks, down payment requirements typically are low. B. Banks don't require any form of personal collateral to guarantee loans to sole proprietors. C. A range of options are available for raising working capital for sole proprietors. D. It is always possible to bring in others to the business in a sole proprietorship. E. Autonomy in a sole proprietorship comes with total ownership of the business's finances.

E. Autonomy in a sole proprietorship comes with total ownership of the business's finances.

is a theory of liability under employment law that alleges an employer acted intentionally to discriminate against the employee because of the employee's membership in a protected class. A. Adverse impact B. Retaliation C. Disparate impact D. Contributory negligence E. Disparate treatment

E. Disparate treatment

Which of the federal agencies deals with employment discrimination? A. HUD B. USCIS C. OSHA D. NLRB E. EEOC

E. EEOC

Marketers must take great care not to engage in deceptive advertising practices, lest their employer run afoul of the: A. Privacy Act. B. Sarbanes-Oxley Act. C. Ponzi Scheme. D. Regulation Z. E. Federal Trade Commission Act.

E. Federal Trade Commission Act.

Identify a true statement about judicial review. A. A power used by Congress as a means of checking the judiciary. B. The absolute power of the president to name federal judges. C. The president can hold any act of the federal judges to be unconstitutional. D. A power that rests with each of the more than eight hundred federal judges. E. First used in Roe v. Wade case to strike down legislation.

E. First used in Roe v. Wade case to strike down legislation.

With reference to the bicameral legislature in the United States, the _____ retains the exclusive right to originate bills raising revenue (taxation). A. House of Lords B. House of Commons C. Senate D. Chamber of Lords E. House of Representatives

E. House of Representatives

What is the exclusionary rule? A. It occurs when the government induces someone to commit a crime that he/she had no previous propensity to commit. B. It may be used by persons who have not yet reached the age of majority. C. It is specifically applicable when the defendant lacks the capacity to understand that his actions were wrong. D. It prohibits the government from prosecuting the same defendant for the same crime after he/she has already stood trial for it. E. It is a means to suppress evidence that was obtained illegally.

E. It is a means to suppress evidence that was obtained illegall

What is the exclusionary rule? A. It occurs when the government induces someone to commit a crime that he/she had no previous propensity to commit. B. It may be used by persons who have not yet reached the age of majority. C. It is specifically applicable when the defendant lacks the capacity to understand that his actions were wrong. D. It prohibits the government from prosecuting the same defendant for the same crime after he/she has already stood trial for it. E. It is a means to suppress evidence that was obtained illegally.

E. It is a means to suppress evidence that was obtained illegally.

Who can own property? A. People, including children B. Corporations C. Trusts D. Only A E. Only A, B, and C

E. Only A, B, and C

Which of the following is an example of the tort of battery? A. Attempting to throw a baseball at another person B. Holding a gun to a person's head without firing C. Throwing something at one person that causes a nearby person to be placed in apprehension D. Moving one's fist toward another person without actually hitting E. Picking up a chair and hitting another person with it

E. Picking up a chair and hitting another person with it

Which of the following types of speech is generally recognized by courts as speech most deserving of protection? A. Confrontation speech B. Commercial speech C. Obscene speech D. Symbolic speech E. Political speech

E. Political speech

_____ implies that the state must prove the case against the defendant before the government can impose punishment. A. Due process B. Exclusionary rule C. Fair trial D. Preponderance of the evidence E. Presumption of innocence

E. Presumption of innocence

Which of the following is NOT true about the shopkeeper's privilege? A. Businesses confronted with potential thieves are permitted to detain suspects until police arrive at the establishment. B. The detention must be done in reasonable conditions. C. The business owner has the right to detain a suspected shoplifter for a reasonable period of time. D. The grounds and manner of the detention must be reasonable or the store may be liable for false imprisonment. E. Store employees are allowed to use excessive force in detaining the suspect if the suspect resists detention.

E. Store employees are allowed to use excessive force in detaining the suspect if the suspect resists detention.

Which of the following is false about whistleblowers? A. Whistleblowers face stigma associated with blowing the whistle. B. Whistleblowers are often placed in a terrible ethical dilemma. C. Whistleblower protection laws prohibit retaliatory action against whistleblowers. D. Whistleblowers have observed some wrongdoing that may harm others, and decide to "blow the whistle" to protect the potential victims. E. The Sarbanes-Oxley Act is entirely devoted to whistleblower protection.

E. The Sarbanes-Oxley Act is entirely devoted to whistleblower protection.

A case proven to have standing is the same as a finding for the plaintiff. TrueFalse

False

A corporation has no constitutional rights. TrueFalse

False

A peremptory challenge can be used to remove a juror based on gender. TrueFalse

False

A refrigerator in a garage is considered a fixture where a refrigerator in a kitchen is not. TrueFalse

False

An heir can be a BFP (bona fide purchaser). TrueFalse

False

Diversity jurisdiction cases must involve racial minorities. TrueFalse

False

One of the grand jury's job is to determine guilt or innocence in a criminal trial or liability in a civil trial. TrueFalse

False

The State of Ohio anti-discrimination statute's coverage is narrower than Title VII. TrueFalse

False

Uniform codes and journal articles are primary sources of law. A. TrueB. False

False

_____ guarantees that criminal defendants are entitled to an attorney during any phase of a criminal proceeding where there is a possibility of incarceration. A. The Fourth Amendment B. The Eighth Amendment C. The Sixth Amendment D. The Fifth Amendment E. The Twelfth Amendment

The Sixth Amendment

Mandatory retirement age is illegal under the Age Discrimination in Employment Act (ADEA), except for very high-level executives over the age of sixty-five who are entitled to a pension. A. TrueB. False

True

The Ohio anti-discrimination law covers smaller employers, 4 or more employees, whereas the Title VII federal law covers larger employers, 15 or more employees. TrueFalse

True

The duty of loyalty, one of the fiduciary duties of board members, includes a duty not to take corporate opportunities for their own purposes and a duty not to self deal. TrueFalse

True

The first time a corporation sells its shares to members of the public is called an initial public offering (IPO). TrueFalse

True

Asking complete strangers about their income: A. is customary B. may violate social norms, but does not violate the law. C. violates the law and may violate social norms D. violates the law, but does not violate social norms.

B. may violate social norms, but does not violate the law.

A method of alternative dispute resolution in which parties work to form a mutually acceptable agreement is: A. bench trial B. mediation. C. arbitration. D. litigation. E. jury trial.

B. mediation.

A motion for a judge to rule on a case based solely on the answer and complaint is called A. motion to dismiss B. motion for judgment on the pleadings C. motion for directed verdict D. motion for expedited decision

B. motion for judgment on the pleadings

Speech uttered to advocate the overthrow of government is most likely to be an example of: A. impartial speech. B. political speech. C. commercial speech. D. obscene speech. E. symbolic speech.

B. political speech.

Benefits of negotiation as a method of alternative dispute resolution include: A. no set rules. B. potential for speedy resolution. C. freedom for parties to bargain unethically. D. involvement of a neutral party. E. guaranteed resolution of conflict.

B. potential for speedy resolution.

A remedy that requires complete performance in a breach, rather than monetary damages is known as: A. nominal performance B. specific performance C. punitive performance D. voir dire E. restitution

B. specific performance

A corporation is a legal entity chartered by the state, with a separate and distinct existence from its owners. TrueFalse

True

If a tortfeasor is engaged in certain activities and someone is injured or killed, then under _____ the tortfeasor is held liable no matter how careful or careless he or she may have been. A. intentional tort B. strict liability C. the tort of negligence D. injurious falsehood E. misrepresentation

B. strict liability

Since crimes are public injuries, they are punishable only by: A. private citizens. B. the government. C. interest groups. D. the party that has been injured. E. the public.

B. the government.

A noncustodial parent has no standing to file a lawsuit against the government concerning their children's activities. TrueFalse

True

A bona fide purchaser is a purchaser who takes title in good faith, with no knowledge of competing claims to title. A. TrueB. False

. True

Identify the correct statement about the trial and appeal process. A. Attorneys do not make any arguments during the opening statement; they simply lay out what jurors can expect from the trial ahead. B. During the direct examination phase, leading questions are permitted. C. A party can make a for cause challenge against a juror, without giving any reason for the challenge. D. Once the prosecution rests its case, the defendant may make a motion for a directed verdict, which can be made only during the trial after the jury returns a verdict. E. The burden of proof in a criminal case is "preponderance of evidence" while the burden of proof in a civil case is "beyond a reasonable doubt."

A. Attorneys do not make any arguments during the opening statement; they simply lay out what jurors can expect from the trial ahead.

Which of the following statements is true regarding intentional infliction of emotional distress (IIED)? A. It is extreme conduct (measured objectively) that intentionally causes severe emotional distress to another. B. In a sense, IIED can be thought of as an assault to emotions. C. All states require the plaintiff demonstrate some physical manifestation of the psychological harm to win any recovery. D. IIED is meant to protect against both mild and extreme behaviors. E. It occurs when some form of physical touching is present in a battery.

A. It is extreme conduct (measured objectively) that intentionally causes severe emotional distress to another.

A jury determines that the plaintiff is 20% at fault for her injury. The jury determines that the total amount of damages to the plaintiff should have been $100,000, but for the plaintiff's share of the fault. How much will the plaintiff receive in a comparative negligence state? A. $20,000 B. $80,000 C. $100,000 D. Nothing

B. $80,000

Which of the following statements is true regarding states' powers? A. Federal courts have repeatedly held that state attempts to regulate Internet content (typically to prevent pornography) are constitutional. B. The state police power can interfere with Congress's power to regulate interstate commerce. C. A state law that discriminates against out-of-state commerce, or places an undue burden on interstate commerce, would violate the dormant commerce clause. D. The dormant commerce clause restricts the federal government's abilities to regulate commerce, rather than the states'. E. Courts have interpreted spending power to mean that Congress can spend money only to carry out its powers under Article I, Section 8 but not to promote any other objective.

A state law that discriminates against out-of-state commerce, or places an undue burden on interstate commerce, would violate the dormant commerce clause.

ren Olson, aspiring young swimmer, was swimming at an Arena series swim meet that Olympic swimmers often attend. Lauren happened upon Katie Ledecky and was thrilled to meet her. Clearly, Lauren wanted to get a picture for her memoir and Instagram. Click to Enlarge The image on Katie Ledecky's shirt is protected by what area of IP law: A. Copyright law B. Merchandise law C. Patent law D. Trade Secret law

A. Copyright law

Brooks, who inherited Greenacre in 2003, deeded a "life estate" in Greenacre in 2005 to George. George who died yesterday in a freak bungee jumping accident, had a will that gives "all I own when I die" to Samuel. Brooks, who is alive, has a will that leaves "all I own when I die" to Oscar. Who owns Greenacre today? A. Brooks B. George C. Samuel D. Oscar

A. Brooks

Which of the following is a legal presumption that prevents juries from second-guessing decisions made by directors, unless they are proven to act in bad faith? A. Business judgement rule B. Exclusionary rule C. Corporation by estoppel D. Conjecture E. Innocent until proven guilty

A. Business judgement rule

The Constitution places the power to tax with: A. Congress B. The President C. The courts D. None of the above

A. Congress

In the case, Heart of Atlanta Motel, the Supreme Court ruled that: A. Congress can regulate race relations based on the interstate commerce clause. B. Congress can regulate race relations based on the dormant commerce clause. C. Congress can regulate race relations even in the absence of a nexus with interstate commerce. D. Congress can regulate race relations based on the spending clause.

A. Congress can regulate race relations based on the interstate commerce clause.

A local band decides to publicly perform a song written by Maroon 5 called "Sugar" at a paid concert. If the band does this without first obtaining permission, it is: A. Copyright infringement B. Trademark infringement C. Permissible under fair use D. Permissible under fee simple

A. Copyright infringement

If a defendant doesn't answer a civil complaint, what is the result? A. Default judgment against defendant B. Bench arrest warrant issued against defendant C. Automatic 30-day stay granted for defendant D. Automatic 60-day stay granted for defendant

A. Default judgment against defendant

An acceptance is valid when the offeree: A. Deposits the acceptance in the mail B. Meets with the other party to confirm final terms C. Confirms an appointment with a notary public D. Confirms that she or he will not revoke the terms of the agreement, 24 hours in advance of the final meeting time. E. Agrees to final terms and indicates an intention to sign.

A. Deposits the acceptance in the mail

_____ is a theory of liability under employment discrimination law that prohibits an employer from using a facially neutral policy that has an unfavorable impact on members of a protected class. A. Disparate impact B. Disparate treatment C. Quid pro quo D. Comparative negligence E. Bona fide occupational qualification (BFOQ)

A. Disparate impact

_____ is a duty of care imposed on prospective buyers of real property to exercise reasonable judgment or prudence to inspect property for defects. A. Due diligence B. CERCLA C. Prior appropriation D. Procedural due process E. Substantive due process

A. Due diligence

Which of the following statements is true about limited liability? A. It is any type of investment where the investor's maximum possible losses is the amount invested. B. It is full liability for the debt and other obligations of a legal entity. C. It is an undesirable situation where if the debts of the business exceed its ability to pay, creditors may reach the personal assets of the business owners. D. With limited liability, all it takes is one successful personal injury lawsuit, not covered by insurance, to destroy years of hard work by an individual business owner. E. With limited liability, every partner in the partnership is jointly and severally liable for the partnership's debts and obligations.

A. It is any type of investment where the investor's maximum possible losses is the amount invested.

To which of the following would the attractive nuisance doctrine most likely apply? A. Piles of sand B. A meter reader C. A utility repair technician D. Rescuing someone in distress E. Giving your roommate permission to borrow your car for a day

A. Piles of sand

Chris, Travis, and Pav move in together. The rules of their apartment prohibit more than three unrelated people from living together in the same apartment. After they move in, they invite Patrick to move in with them. None of them are related to each other. After Patrick moves in, they are served with eviction papers. This is an example of the enforcement of a: A. Private law. B. Public law. C. Jurisdiction. D. Jurisprudence. E. Stare decisis.

A. Private law.

Which of the following statements is true about a bona fide occupational qualification (BFOQ)? A. The BFOQ must be directly related to an essential job function to be "bona fide." B. Customer preference is a basis for BFOQ. C. Religion, sex, and national origin are not on the list of acceptable BFOQs. D. Market realities are a basis for BFOQ. E. The law allows discrimination on race and color if there is a BFOQ reasonably necessary for normal business operations.

A. The BFOQ must be directly related to an essential job function to be "bona fide."

Which of the following laws establish strict liability for taverns, bars, and restaurants for serving alcohol to minor or visibly intoxicated persons who then cause death or injury to others? A. National Minimum Drinking Age Act B. Wine and Spirits Fair Dealing Act C. Dram shop acts D. Ultrahazardous activity acts E. Cops in shops acts

C. Dram shop acts

The Ohio civil rights statute is called: A. the Ohio Civil Rights Act of 1964. B. Ohio Revised Code 4112 C. the Ohio Civil Rights Commission D. Ohio Revised Code Employment Discrimination Statute

B

Identify the correct statement about contracts. A. Generally speaking, contracts are a form of public law. B. A contract represents mutual assent to a bargained-for exchange between parties. C. Universally, people disagree that breaching a contract carries ethical implications. D. When a legally enforceable contract is breached, the injured party cannot seek damages. E. All contracts are legally unenforceable promises.

B. A contract represents mutual assent to a bargained-for exchange between parties.

Which of the following cannot be trademarked? A. The sound of a lion's roar B. A new song by Drake C. The color pink D. The shape of a glass bottle

B. A new song by Drake

The ____ case, which held that slaves were not "persons" accelerated the country into Civil War. A. Marbury B. Plessy C. Dred Scott D. Little Rock Nine

C. Dred Scott

During the 60 Minute interview with Justice Scalia, Justice Ginsburg indicated that the Constitution evolves and should reflect changes in society. Accordingly, going back to what was meant originally when the Founding Fathers wrote "We the People ..." Justice Ginsburg indicated that women and African-Americans would not have been among the People in 1787 as they are today. What ideological camp would Justice Ginsburg fall: A. Strict Constructionist B. Judicial Activist C. Originalist D. Both A and C, but not B

B. Judicial Activist

Emily develops a new espresso machine, which she names the "Caffeine Express," so called because the machine allows coffee to be brewed in such a way as to deliver caffeine instantly into the veins of the consumer. She also writes an operating manual to be included with the product, including facts about coffee beans and featured stories on famous coffee plantations from around the world. Emily could obtain trademark protection for: A. The espresso machine only as long as it is novel and useful. B. The name only. C. The operating manual since it is not merely a compilation of facts. D. The brewing method used by the machine to deliver caffeine instantly.

B. The name only.

Jury selection is also known as: A. Jury nullification B. Voir dire C. Fungible D. Grouping

B. Voir dire

The New Deal: A. Faced much opposition from the White House and the Congress. B. Was a legislative package that rewrote the role of government, vastly increasing its size and its role in private commercial activity. C. Was President Richard Nixon's action plan to alter the relationship between the people and their government. D. Altered the makeup of the Supreme Court by increasing the number of judges and appointing new justices in the Supreme Court. E. Was never implemented due to the public's reaction.

B. Was a legislative package that rewrote the role of government, vastly increasing its size and its role in private commercial activity.

Ohio has A. no recording acts in the state B. a race recording act for oil/gas leases and mortgages, and a notice recording act for deeds C. three recording acts in the state D. none of the above

B. a race recording act for oil/gas leases and mortgages, and a notice recording act for deeds

In what manner and for how many years would a person need to adversely possess another's land in the State of Ohio? A. actually, amicably, privately, exclusively, continuously; 21 years B. actually, hostilely, openly, exclusively, and continuously; 21 years C. allegedly, friendly, openly, exclusively, and non-consecutively, 15 years D. none of the above

B. actually, hostilely, openly, exclusively, and continuously; 21 years

In Liebeck v. McDonald's, Liebeck A. immediately sued McDonald's for compensatory damages and pain and suffering without attempting mediation efforts B. attempted negotiation on her own, then later, with her attorney to be reimbursed for her hospital bills C. was barred from taking any legal action because of the statute of limitations D. was barred from taking any action because she initially filed in federal court

B. attempted negotiation on her own, then later, with her attorney to be reimbursed for her hospital bills

Strict liability torts exist because: A. there is intent to cause harm. B. businesses that engage in covered activities profit from those activities. C. people displaying the most extreme of behaviors often get away with mild penalties. D. publication of false information about a person's product leads to a sharp drop in product sales. E. persons are negligently and improperly identified as being responsible for a violation of the law.

B. businesses that engage in covered activities profit from those activities.

To prove negligence, plaintiffs have to demonstrate five elements are present. The first element is that the plaintiff has to: A. prove that the defendant's actions were the proximate cause of the plaintiff's injury. B. demonstrate that the defendant owed it a duty of care. C. demonstrate that the defendant breached a duty of care. D. prove that the defendant's conduct caused the injury. E. demonstrate legally recognizable injuries.

B. demonstrate that the defendant owed it a duty of care.

Under the _____ doctrine, workers in the United States are free to work for whomever they want to, and employers are free to hire whomever they want to, and fire them at will. A. constructive dismissal B. employment-at-will C. affirmative action D. individual freedom E. work ethic

B. employment-at-will

Tort law: A. is enforced because it protects our expectation that our promises are enforced. B. is a reflection of American societal values. C. is generally the result of legislative debate or committee reports. D. generally does not allow for the award of punitive damages. E. is the result of elected legislatures prohibiting behavior that the community finds offensive.

B. is a reflection of American societal values.

Under the ADA, an employer is A. obligated to create a new position as a reasonable accommodation. B. is not required to create a new position as a reasonable accommodation. C. required to hire a disabled applicant who does not meet the minimum qualifications of a job. D. required to provide the exact accommodation being requested by the employee.

B. is not required to create a new position as a reasonable accommodation.

The only unelected branch of government is the: A. legislative branch. B. judicial branch. C. executive branch. D. political branch. E. congressional branch.

B. judicial branch.

Original jurisdiction cases constitute: A. Cases in which the Supreme Court has no jurisdiction. B. Cases that exceed the threshold damages amount. C. A small category of cases that go straight to the U.S. Supreme Court to hear the case for a first time, rather than on appeal. D. Lawsuits that deal with state issues. E. Cases in which the state or federal jurisdiction is not clear.

C. A small category of cases that go straight to the U.S. Supreme Court to hear the case for a first time, rather than on appeal.

Unfortunately, Libby dies during surgery. Dr. Jack informs Eddie of her death, and overcome with anger and grief, Eddie spits in Dr. Jack's face and calls Dr. Jack a "wacko hacker." Eddie has committed: A. Assault only B. Battery only C. Assault and battery D. No tort because his grief is reasonable and excusable

C. Assault and battery

Which is the most expensive form of discovery: A. Interrogatories B. Requests for admissions C. Depositions D. Requests for production

C. Depositions

Defamatory speech deserves ____ protection under the First Amendment: A. the most B. medium levels of C. no D. it depends on whether it's written or spoken defamation

C. no

How many Justices must agree in order for certiorari to be granted in any case? A. Two B. Three C. Four D. Five

C. Four

Dr. Jones happens to be nearby, and renders emergency treatment to Libby while they wait for the ambulance to arrive. Dr. Jones is so distracted by all the commotion that he negligently administers the wrong dosage of a sedative to Libby, putting her immediately into a deep coma. Dr. Jones does not bill Libby for his services. In a lawsuit against Dr. Jones alleging medical malpractice, what results? A. Judgment for plaintiff, because defendant was negligent. B. Judgment for plaintiff, because defendant did not bill plaintiff. C. Judgment for defendant, because of the Good Samaritan law. D. Judgment for defendant, because he did not act in a wanton manner.

C. Judgment for defendant, because of the Good Samaritan law.

"Fundamental fairness" requires that defendants must have ________ with a jurisdiction in order to be sued. A. Res judicata B. Voir dire C. Minimum contacts D. Writ of certiorari

C. Minimum contacts

Life, liberty and the pursuit of happiness represent which philosophy? A. Legal realism B. Legal positivism C. Natural Law D. Due Process E. Color of Authority

C. Natural Law

A state may exercise which of the following to regulate the safety, health, morals and welfare of its citizens: A. Vice laws B. Enabling legislation C. Police powers D. Stare decisis E. Jurisdiction

C. Police powers

A defendant does not have to answer a complaint until what occurs? A. Voir dire B. Motion for answer C. Service of process D. Discovery

C. Service of process

What is the most common form of doing business in the United States? A. General partnership B. Corporation C. Sole proprietorship D. Limited liability company E. Limited liability partnership

C. Sole proprietorship

Which of the following acts makes it illegal for an employer to require a job applicant take a medical exam before an employment offer is made? A. The Paycheck Fairness Act B. The Age Discrimination in Employment Act (ADEA) C. The Americans with Disability Act (ADA) D. Title VII of the Civil Rights Ac

C. The Americans with Disability Act (ADA)

Which of the following acts makes it illegal for an employer to require a job applicant take a medical exam before an employment offer is made? A. The Paycheck Fairness Act B. The Age Discrimination in Employment Act (ADEA) C. The Americans with Disability Act (ADA) D. Title VII of the Civil Rights Act

C. The Americans with Disability Act (ADA)

_____ guarantees that criminal defendants are entitled to an attorney during any phase of a criminal proceeding where there is a possibility of incarceration. A. The Fourth Amendment B. The Eighth Amendment C. The Sixth Amendment D. The Fifth Amendment E. The Twelfth Amendment

C. The Sixth Amendment

Which Act requires creditors to accurately provide information concerning the costs involved in offers of credit? A. The Fair Credit Reporting Act B. Title VII of the Civil Rights Act C. The Truth in Lending Act D. The Sarbanes-Oxley Act E. The Federal Trade Commission Act

C. The Truth in Lending Act

Which of the following is true about a petit jury? A. It serves as a procedural step to prevent prosecutors from abusing their powers of arrest and indictment. B. The petit jury requirement exists at the federal level and in some, but not all, states. C. There are typically twelve members in a petit jury in criminal trials. D. It is a body of citizens examining whether someone accused of a crime should be formally charged. E. It does not determine guilt or innocence.

C. There are typically twelve members in a petit jury in criminal trials.

What was the main purpose of Title VII? A. To prevent discrimination by government agencies that receive federal funds B. To outlaw discrimination in public accommodations engaged in interstate commerce C. To integrate African Americans into the mainstream of society D. To protect women from being subject to sexual harassment in public places E. To dismantle sex segregation by integrating women into work formerly reserved for men

C. To integrate African Americans into the mainstream of society

Sawyer, an accomplished con artist, decides to deceive Libby into giving up all her money. Unknown to Libby, he slips a powerful drug into her drink to induce her into signing a contract giving him all her money. This contract is: A. Valid B. Invalid C. Voidable at Libby's option D. Voidable at Sawyer's option

C. Voidable at Libby's option

The strict scrutiny test: A. Is utilized when ordinary state interests are involved. B. Will be used on any constitutional right. C. Will be used when a fundamental right is involved. D. Dismisses any state interest in a case.

C. Will be used when a fundamental right is involved.

In the case Geier v Honda involving Federal Motor Vehicle Safety Standards (FMVSS), the Supreme Court ruled that FMVSS _______ any state attempts to regulate the installation of airbags. A. did not preempt B. further advanced C. preempted D. embraced

C. preempted

When a criminal is under the supervision of the court but is not confined, it is known as: A. injunction. B. rescission. C. probation. D. restitution. E. forfeiture.

C. probation.

An advertisement that promises "the best food in town" is an example of _____ since it is opinion. A. deception B. misrepresentation C. puffery D. tortious interference E. injurious falsehood

C. puffery

In the Liebeck v. McDonalds case, the jury awarded punitive damages to A. compensate her for the medical bills she incurred because of her injuries B. make up the difference between the initial compensatory award the jury wanted to give her, and what she was actually awarded C. send the message to McDonald's to lower the temperature of their coffee D. Both A and B E. None of the above

C. send the message to McDonald's to lower the temperature of their coffee

To correct past mistakes in treatment of women and minorities, many companies go beyond being equal opportunity employers by adopting _____. A. bona fide occupational qualification (BFOQ) B. rule of law C. affirmative action D. desegregation action E. emancipation

C. affirmative action

Article I of the Constitution establishes the legislative branch through a(n) _____. A. unicameral legislature B. multicameral legislature C. bicameral legislature D. tricameral legislature

C. bicameral legislature

Another way that title can be transferred without a deed is A. by ouster B. by chattel C. by dropping dead D. by fixture

C. by dropping dead

In a state that follows the _____, a plaintiff's own negligence, no matter how minor, bars the plaintiff from any recovery. A. statute of limitations B. right of self-defense C. contributory negligence rule D. comparative negligence rule E. defense of others

C. contributory negligence rule

Strict liability is: A. the duty of all persons to act reasonably, as established by state tort law. B. a type of tort where the defendant acts with intent to cause a particular outcome. C. imposed in certain situations without regard to fault or due care. D. the responsibility of all people to exercise a reasonable amount of care in their dealings and interactions with others. E. a breach of contract.

C. imposed in certain situations without regard to fault or due care.

Which of the following is NOT an example of an unscrupulous behavior in which a merchant might engage? A. bait and switch B. false advertising C. invitation to bargain D. race-based denial of services E. refusal to contract

C. invitation to bargain

Marbury v. Madison established: A. the right to privacy. B. the right to habeas corpus. C. judicial review. D. the Magna Carta.

C. judicial review.

President _____ decided to stack the Supreme Court in order to push through his legislative package during the great depression: A. Wilson B. Eisenhower C. Truman D. FDR

D. FDR

The State of Ohio is in the _____ Circuit, along with Michigan, Kentucky and Tennessee. A. 1st B. 9th C. 3rd D. 6th E. 7th

D. 6th

Before suing under Ohio's employment discrimination statute, an employee must first file a charge with the Ohio Civil Rights Commission. The period for an employee to file is: A. 6 months from the date of harm B. 9 months from the date of harm C. 1 year from the date of harm D. 2 years from the date of harm E. 6 years from the date of harm

D. 2 years from the date of harm

Property that has a condition or time limit on it is called: A. a life estate B. fee simple absolute C. fee simple defeasible D. A and C E. B and C

D. A and C

Which of the following are not factors for courts to consider in assessing copyright fair use: A. Purpose and character of the use B. Amount and substantiality of the portion used C. Effect and use on the potential market D. All are factors

D. All are factors

is an exception to the warrant requirement, specifically referring to a pat-down search permitted when someone is lawfully arrested. A. Stop and frisk B. Exigent circumstances C. The plain view doctrine D. Lawful arrest E. Consent

D. Lawful arrest

John and Sharon enter into an employment contract, which specifies that Sharon will be employed by John for one year at an annual salary of $45,000 plus benefits. The employment contract is an example of: A. Public law B. Primary source of law C. Theory of jurisprudence D. Private law

D. Private law

Which of the following terms cannot be "filled in" by the Uniform Commercial Code gap fillers? A. Prices B. Place for delivery C. Warranties D. Quantity E. Delivery dates

D. Quantity

If a supervisor fires a subordinate for breaking up with him or her, then which of the following has taken place? A. Hostile work environment harassment B. Reverse discrimination C. Adverse impact D. Quid pro quo harassment E. Disparate impact

D. Quid pro quo harassment

_____ prohibits discrimination related to protected characteristics in hiring and employment practices. A. Executive Order 11246 B. The Magna Carta C. The Charter of Liberties D. Title VII of the Civil Rights Act E. The Sarbanes-Oxley Act

D. Title VII of the Civil Rights Act

If a dispute arose under the Clean Water Act, and the defendant was a legal realist who believed that the judge was unduly harsh with environmental offenders, the legal realist is most likely to: A. Look to the actual words of the Clean Water Act itself to determine a likely outcome. B. Hope that the judge would not consider important issues such as clean water to human health, natural environment, etc. C. Argue that judges should not use any factors other than the written law when passing decisions. D. View the judge's personal and professional beliefs about water pollution as determinative factors. E. Believe that the law itself is far more important than the consideration of those who are in the position to enforce the law.

D. View the judge's personal and professional beliefs about water pollution as determinative factors.

Legal positivism is: A. an action taken under the law. B. a belief that humans possess certain inalienable rights that are not the products of human-made law. C. a belief that the law is less important than who is in the position to enforce it. D. a belief that the law is whatever the sovereign says it is. E. null

D. a belief that the law is whatever the sovereign says it is.

The majority opinion is: A. an opinion expressed in the friend-of-the-court brief. B. an opinion of only one judge who agrees with the outcome and reasoning employed by the court. C. an opinion written by a judge who agrees with the outcome of a case but disagrees with the reasoning behind it. D. an opinion of the court, written by a single judge and joined by other judges who voted the same way. E. an opinion of the Supreme Court that only three justices need to agree for a case to be heard.

D. an opinion of the court, written by a single judge and joined by other judges who voted the same way.

The dynamic power sharing between state and federal governments is known as: A. constitutionalism. B. liberalism. C. originalism. D. federalism. E. confederation.

D. federalism.

The most preferred ownership interest is a (an): A. life estate B. fee tail C. tenancy in common D. fee simple absolute E. fee simple defeasible

D. fee simple absolute

State laws that set forth the procedure by which out-of-state defendants can be required to appear before a local court are called: A. provisions. B. ordinances. C. regulations. D. long-arm statutes. E. orders and proclamations.

D. long-arm statutes.

A case in which the plaintiff argues that had she chosen to go into the real estate profession, she would have suffered certain financial penalties based on a recently passed law would be considered: A. dismissive B. tripe C. standing D. moot E. irrelevant

D. moot

Courts use the Miller test to determine if a speech can be categorized as _____. A. provocative B. political C. commercial D. obscene E. symbolic

D. obscene

When oil and gas are extracted from the ground, transported to another location, and then put back into the ground, they become A. an easement B. real property C. a bailment D. personal property

D. personal property

In today's world, _____ is perhaps the most common method of acquiring property. A. lease B. renting C. adverse possession D. purchase E. Inheritance

D. purchase

A minor breach is when the party has: A. strictly performed but has not substantially performed. B. not substantially performed under the terms of the contract. C. strictly performed but has not performed to the standard of personal satisfaction. D. substantially performed but has not strictly performed. E. strictly performed but has not met reasonable person standard.

D. substantially performed but has not strictly performed.

A case that involves a plaintiff claiming that injury will come from a law if it is passed would be considered: A. dismissive B. irrelevant C. moot D. unripe E. disputable

D. unripe

Which of the following statements is true about the Federal Sentencing Guidelines? A. They are mandatory guidelines that federal judges are expected to use when sentencing offenders. B. Extremely harsh penalties are mandated for relatively minor offenses, given certain circumstances. C. Several states passed their own versions of sentencing guidelines, but state trial court judges in those states need not rely on those guidelines when sentencing state offenders. D. A small number of states have passed their own versions of sentencing rules and their court judges followed these rules. E. The guidelines are only advisory due to the U.S. Supreme Court's decision in United States v. Booker, which held that a wide range of factors should be taken into consideration when sentencing offenders.

E. The guidelines are only advisory due to the U.S. Supreme Court's decision in United States v. Booker, which held that a wide range of factors should be taken into consideration when sentencing offenders.

The Civil Rights Act of 1964 has several provisions, but the most important for businesses is known widely as _____. A. Title I B. Title VIII C. Title II D. Title III E. Title VII

E. Title VII

A party that has lost at appeal may file which of the following to argue why a case should be heard by a Supreme Court. A. a writ of mandamus. B. a writ of habeas corpus. C. a writ of quo warranto. D. a writ of scire facias. E. a writ of certiorari.

E. a writ of certiorari.

A _____ is the arrangement when the rightful possessor of personal property gives the property to someone else to hold. A. gift of property B. contract of sale C. rental D. lease E. bailment

E. bailment

A corporation whose stock is held by only a small number of shareholders is a(n): A. partnership. B. publicly traded corporation. C. mutual benefit nonprofit corporation. D. sole proprietorship. E. closely held corporation.

E. closely held corporation

A corporation whose stock is held by only a small number of shareholders is a(n): A. partnership. B. publicly traded corporation. C. mutual benefit nonprofit corporation. D. sole proprietorship. E. closely held corporation.

E. closely held corporation.

If you gave your roommate permission to borrow your car for a day and he/she stole your car instead, it would be considered: A. trespass. B. fraud. C. misappropriation. D. nuisance. E. conversion.

E. conversion.

The Federal Arbitration Act of 1925 (FAA): A. gave the power to the states to require a judicial forum to resolve disputes B. requires parties to participate in arbitration (waiving their constitutional rights to go to court) when they have agreed by contract, even in state court matters (voluntary in its formation but mandatory when disputes arise) C. is declared by the U.S. Supreme Court as Congress's declaration of a national policy in favor of arbitration D. is derived from the Equal Protection Clause E. only "b" and "c" are correct

E. only "b" and "c" are corre

The Fourteenth Amendment to the Constitution: A. protects the rights that are not specifically enumerated in the Constitution. B. prohibits the government from restricting the free exercise of religion. C. prevents the government from establishing a religion. D. prohibits "cruel and unusual" punishment. E. prevents any state from depriving citizens of their rights without "due process of law."

E. prevents any state from depriving citizens of their rights without "due process of law."

A(n) _____ statute is a state statutory scheme that recognizes superior rights in real property to the party who first records the interest in the property. A. UCC B. notice C. FCPA D. long arm E. race

E. race

Because criminal law and torts have parallel causes of actions, the civil tort system allows a victim to bring a civil suit against someone for injuries inflicted on the victim by someone else. TrueFalse

True

Constitutions, statutes and judicial opinions would all be examples of primary sources of law. A. TrueB. False

True

Courts can issue injunctions if they find that irreparable harm may otherwise result. TrueFalse

True

For tax purposes, a general partnership is considered a disregarded entity (an entity that does not need to file its own tax return or pay taxes). TrueFalse

True

Which of the following is a protected class under Title VII? A. Sex B. Attractiveness C. Weight D. Age E. Disability

sex