LAW 160 FINAL
A circuit court judge's recent decision to afford a 'Like' on Facebook 1st Amendment protection is an example of strict constructionism. T or F
False
A court can never exercise jurisdiction over an out-of-state defendant who has only done business in the state over the Internet. T or F
False
A lawsuit involving a federal question must originate in a federal court. T or F
False
Appellate courts regularly seat juries, hear witness testimony, receive exhibits into evidence. T or F
False
Because the Constitution does not specifically a right to privacy, this right is denied to people. T or F
False
Confidentiality is another way to refer to the attorney-client privilege. T or F
False
Courts never depart from precedent. T or F
False
Criminal defendants always receive court appointed attorneys they are not required to pay for. T or F
False
Defendants must be represented by attorneys at the arraignment phase of criminal proceedings. T or F
False
Dissenting opinions are of no judicial value and are a huge waste of time and resources. T or F
False
Graduation from a bachelors degree program, completing law school and passing the bar exam are the only steps required to become a licensed attorney in the State of Michigan. T or F
False
Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights. T or F
False
The Bill of Rights confers absolute rights, not subject to interpretation by the United States Supreme Court. T or F
False
The defendant in the lower case is always the appellant on appeal. T or F
False
The difference between an attorney and a lawyer is that an attorney may appear in courtrooms while a lawyer may not. T or F
False
The majority opinion is always written by the Chief Justice. T or F
False
Voir dire is a process for presenting evidence in a case. T or F
False
The LSAT is required of law school applicants only when the applicant's major is not pre-law. T or F
False; always required no matte the major
what do you need in order to make an arrest?
Probable cause
According to the supremacy clause:
The authority of the federal government, whether granted via the Constitution or federal statutes, is superior to the authority of state government where the federal and state authority conflict.
A dissenting opinion is one in which:
The judge authoring the opinion does not agree with the decision reached by the other judges hearing the case.
4th amendment protections are based on a person's reasonable expectation of privacy T or F
True
A federal law that conflicts with the U.S. Constitution will be deemed unconstitutional. T or F
True
A lawyer has an ethical obligation to avoid filing frivolous lawsuits.
True
A paralegal assisting a pro per party with the completion of court documents could be committing unauthorized practice of law if the paralegal expresses his or her own independent opinion regarding the outcome of the case. T or F
True
A state constitution is supreme within the state's borders so long as it does not conflict with the U.S. Constitution or a federal law. T or F
True
According to the exclusionary rule, evidence gathered in violation of a defendant's 4th amendment rights will not be admitted in a court proceeding against her. T or F
True
Concurrent jurisdiction exists when both federal and state courts have the authority to hear a particular case. T or F
True
Generally, opposing counsel is not permitted to communicate directly with another attorney's client. T or F
True
In the vast majority of circumstances, applicants are eligible to attend law school only after completing a 4-year degree. T or F
True
Judges use precedent when deciding a case in a common law legal system. T or F
True
Police powers, including regulations for the general health, safety, morals and welfare of the public, are generally reserved powers of the state. T or F
True
The Supreme Court's reference to a 'right of privacy,' despite the failure of any such right to be found in the Constitution, is an example of judicial activism. T or False
True
The necessary and proper clause of the Constitution is a means by which the federal government exercises its implied powers. T or F
True
The powers to coin money and declare war are express powers of the federal government. T or F
True
The power of taxation is an example of:
a concurrent power
The Honorable Ned Stark agreed with the decision of the Court on the case before the bench but chose to wrote his own opinion explaining his reasoning. This is:
a concurring opinion
Jim agrees to pay Margaret, an attorney, a flat fee of $3,000 in exchange for her assistance in filing for divorce. The funds will be held in an account and Margaret will make withdrawals from the account as she performs the work necessary for Jim's case. This is an example of:
a retainer fee
Federalism refers to:
a union of sovereign states under the umbrella of a national, centralized government.
Hawaii enacts a state law that violates the U.S. Constitution. This law can be enforced by: a.No one. b.The federal government only. c.The state of Hawaii. d.The United States Supreme Court only.
a. no one
Kemp files a lawsuit against Linus in an Arkansas state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to the Arkansas Court of Appeals. After its review of Kemp versus Linus, the appellate court can:
affirm, reverse or remand all or part of the lower court's decision
An arbitrator must be:
agreed upon by the parties.
De novo review is:
an appeal treated like an entirely new proceeding following an initial decision by an administrative agency.
The federal government and the state governments constitute the U.S. legal system. This system is based on the legal system of: a.Ancient Greece b.England c.France d.Canada
b. England
As a judge, the Honorable William Potter applies common law rules. These rules develop from: a.federal and state statutes. b.proposed uniform laws. c.court decisions. d.administrative regulations
c. court decisions.
According to Judge Jaklevic, Miranda rights apply when there is:
custody and interrogation
The legislature of the state of Missouri enacts a new statute that sets standards for the liability of businesses selling defective products. This statute applies: a.In all states. b.Only in Missouri and its border states. c.In all states but only to matters not covered by other states' laws. d.Only in Missouri.
d. only in missouri
The Texas state legislature and the U.S. Congress enact laws. These laws constitute: a.administrative law. b.case law. c.stare decisis. d.statutory law.
d. statutory law
When the United States Supreme Court reaches a decision on an issue and the plaintiff is unhappy with the result, he can
do nothing
According to 'checks and balances' . . .
each branch of government has some power to limit the actions of the other branches.
According to Judge Jaklevic, a person has a reasonable expectation of privacy in the records maintained by the local bank related to the person's account. T or F
false
Discovery in criminal cases allows for broad exchange of information including but not limited to toxicology reports, police reports and compelling Defendant to testify at a deposition. T or F
false
The 4th amendment protection against unwarranted searches and seizures is abosolute and cannot be restricted in any way. T or F
false
Moby, a resident of New Jersey, has an accident with Ogden, a resident of New York, while driving through that state. Ogden files a suit against Moby in New York. Assume New York has a long arm jurisdiction statute pertaining to non-resident motorists. Regarding Moby, New York has:
in persona jurisdiction
A legal citation:
is an abbreviation or code describing where the case (or law) was published and can be located.
Mediation is:
less formal than arbitration
The burden of proof in a criminal proceeding is:
the prosecutor must prove defendant's guilt beyond a reasonable doubt
Justice Blackmun's recognition of the fundamental right to privacy implied by the 1st, 9th and 14th amendments and the penumbras of the Bill of Rights is an example of judicial activism. T or F
true
