Intentional infliction of emotional distress causes

Intentional infliction of emotional distress causes

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)


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