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Question 1. 1. (TCO 1) The power of government to regulate is sometimes referred to as (Points : 3)
preemption.
jurisprudence.
jurisdiction.
supremacy.
federalism.
Question 2. 2. (TCOs 3, 5, and 6) Intentional infliction of emotional distress causes (Points : 3)
mental suffering.
general damages.
special damages.
negligence.
mental disorder.
Question 3. 3. (TCOs 3, 5, and 6) The Uniform Commercial Code controls (Points : 3)
contracts for the sale of goods.
contracts involving interstate commerce.
contracts involving banks.
contracts for the sale of real property.
None of the above
Question 4. 4. (TCOs 10 & 11) Which of the following is generally not a type of court-related ADR? (Points : 3)
Early neutral evaluation
Binding arbitration
Nonbinding arbitration
Summary trial
None of the above; they are all common types of court-related ADR
Question 5. 5. (TCOs 1 & 2) The theory is based on the belief
that laws are created by men, and are therefore subject to pitfalls
created by men. (Points : 3)
The natural theory of law
Legal positivism
Legal realism
Jurisprudence
All of the above
Question 6. 6. (TCOs 1 & 2) Which of the following is not an exception to the warrant requirement? (Points : 3)
Plain-view doctrine
Hot pursuit
Exigent circumstances
Exclusionary rule
None of the above
Question 7. 7. (TCOS 1 & 2) Common law is derived from (Points : 3)
decisions made by a judge.
how people would commonly decide an issue.
the English legal system.
All of the above
None of the above
Question 8. 8. (TCOs 3, 5, & 6) Which of the following does not
indicate an ownership interest in real property? (Points : 3)
Fee simple
Life estate
Joint tenancy
Month-to-month tenancy
Community property
Question 9. 9. (TCOs 3, 5, & 6) The term securities is used to describe (Points : 3)
a financial interest in a business.
only shares of stock in a corporation.
only a partnership interest in a general partnership.
only a partnership interest in a limited partnership.
None of the above
Question 10. 10. (TCOs 1 & 2) Criminal defendants are not required to present evidence unless they claim _____. (Points : 3)
self-defense
insanity
intoxication
Both A & B
None of the above
Question 11. 11. (TCOs 8 & 11) Which of the following are not secondary sources? (Points : 5)
Treatises
Ordinances
Digests
Periodicals
Form books
Question 12. 12. (TCOs 8 & 11) Information in a legal encyclopedia is arranged (Points : 5)
alphabetically.
chronologically.
numerically.
randomly.
None of the above
Question 13. 13. (TCOs 8 & 11) The official reporter for U.S. Supreme Court cases is (Points : 5)
Supreme Court Reporter.
United States reports.
Lawyer’s Edition.
The Supreme Court .homeworkminutes.com/question/view/18255/Devry-Laws310-final-exam-Spring-2014#”>website.
Westlaw.
Question 14. 14. (TCOs 8 & 11) A topic sentence (Points : 5)
is another term for thesis paragraph.
can be used in lieu of a thesis paragraph.
introduces issues or subissues and connects them back to the thesis paragraph.
All of the above
None of the above
Question 15. 15. (TCOs 8 & 11) Id. and supra are examples of (Points : 5)
shorthand ways of citing authorities.
abbreviations for certain courts.
Latin terms that describe legal principles.
terms that should never be used in a formal legal memorandum.
latin terms that have nothing to do with the law.
Question 16. 16. (TCOs 8 & 11) Legal research finding tools include: (Points : 5)
Legal Dictionaries
Legal encyclopedias
Statutes
All of the above
None of the above
Question 17. 17. (TCOs 8 & 11) Stare decisis means (Points : 5)
case law.
reporter.
similarities.
precedent.
review.
Question 18. 18. (TCO 7) When transacting business online, one of the
best ways to protect yourself from being a victim of identity theft is
(Points : 5)
to not pay for anything online.
to not provide your entire social security number on any website.
to use a fake name when buying something.
to not give out your e-mail address and then not be traced.
None of the above
Question 19. 19. (TCOs 10 & 11) In preparing a first draft of a legal document, you should (Points : 5)
reread the directions.
begin in a logical fashion.
complete one section before moving on to another section.
periodically go back and reread directions.
All of the above
Question 20. 20. (TCO 2) Sources of law include (Points : 5)
Statutes
Case law
Administrative law
all of the above
None of the above
Question 21. 21. (TCOs 4, 9, and 11) In civil litigation, parties use interrogatories to: (Points : 5)
Send questions to the opposing party
As a means of discovery
To learn more about the other party’s case
All of the above
None of the above
Question 22. 22. (TCOs 10 & 11) Filing an unjustified criminal
complaint against an individual leads to the tort of (Points : 5)
negligence.
civil-rights violation.
malicious prosecution.
slander per se.
fraud.
Question 23. 23. (TCOs 3, 5, & 6) An advantage of a corporation is (Points : 5)
limited liability for the owners.
unlimited life of the corporation.
ease of transferability of ownership interests.
All are advantages of a corporation.
Question 24. 24. (TCOs 10 & 11) A procedure often used by
businesses in which disputing parties present their dispute before a
special jury in non-binding trial is known as (Points : 5)
mini-trial.
summary trial.
binding arbitration.
nonbinding arbitration.
early neutral evaluation.
Question 25. 25. (TCOs 4, 9, and 11) The Fourth Amendment
requires that law enforcement must demonstrate probable cause before the
issuance of a search warrant. What are the other requirements? .
(Points : 10)
Question 26. 26. (TCO 7) What are some of the ways that users
of the Internet are accessing private information? What strategies have
you implemented in order to protect your information from misuse?
(Points : 10)
Question 27. 27. (TCO 7) How does the Internet create challenges in protecting a copyright? (Points : 10)
Question 28. 28. (TCOs 8 & 11) Michael Bloomberg used his
position as Mayor to control the amount of soda people could buy as an
initiative to battle obesity in New York City. Name two other examples
of government involvement in creating law to essentially act as a parent
to consumers. (Points : 10)
Question 29. 29. (TCOs 1 & 2) What is the purpose of the exclusionary rule? (Points : 10)
Question 30. 30. (TCO 1) What do we mean when we say that in
the area of criminal law, the powers of the federal government and the
state governments are concurrent? (Points : 10)
Question 31. 31. (TCOs 3, 5, & 6) If a party alleges defamation, what would he or she have to prove? (Points : 10)
Question 32. 32. (TCO 7) Until recently, it seems as though
people could say whatever they wanted to on the Internet and there was
no type of legal recourse. This has begun to change; however, as there
have been a number of lawsuits and even criminal prosecutions based on
comments made by people on social media. In one example, a Missouri
mother was prosecuted for posting comments on a teenager’s Facebook page
which led to the teenager committing suicide. Discuss whether you
believe that a person’s social media comments rise to the level of
criminal behavior. Why do you feel this way? If you would not prosecute
this mother, do you believe that she should be held accountable in some
way? How and why? What are some of the challenges with criminal
prosecution based on internet conduct? Should any governmental entity
regulate conduct on the internet? (Points : 20)
Question 33. 33. (TCO 1) If you are presented with a legal
issue for analysis, what are the steps you can take to find out how to
resolve that issue? What would be the resources you would use and how
would you go about finding those resources? (Points : 20)