01 May Questionlaw310 midtermQuestion 1.1.(TCOs 1 & 2) Rules of court usually contain(Points : 5)
Question
law310 midterm
Question 1.1.(TCOs 1 & 2) Rules of court usually contain(Points : 5)
a: civil substantive law.
b: civil procedural law.
c: criminal substantive law.
d: criminal procedural law.
e: Both b and d
Question 2.2.(TCO 1) Administrative regulations come from(Points : 5)
a: federal boards, departments, commissions, and agencies.
b: state boards, departments, commissions, and agencies.
c: federal courts.
d: state courts.
e: Both a and b
Question 3.3.(TCO 1) The Incorporation Doctrine(Points : 5)
a: is another phrase for checks and balances.
b: refers to the application of the Bill of Rights to the states.
c: is derived from an interpretation of the 14th Amendment.
Both b and c
Both a and b
Question 4.4.(TCO 1) The statement, “We hold these truths to be self-evident, that all men are created equal,” is found (Points : 5)
in the original Constitution.
in the Equal Protection Clause of the 14th Amendment.
in the Preamble to the Constitution.
in the Declaration of Independence.
in the Bill of Rights.
Question 5.5.(TCO 1) The Equal Protection Clause (Points : 5)
has always been held to prohibit the practice of separate but equal.
prohibits a school from considering race in its admissions policies.
is found in the 14th Amendment.
All of the above
is contained in the Declaration of Independence.
Question 6.6.(TCOs 1 & 2) Which of the following is not a defense to a criminal charge? (Points : 5)
Duress
Self-defense
Diminished capacity
Mistake
All of the above
Question 7.7.(TCOs 3, 5, and 6) Which of the following is not a type of negligence action? (Points : 5)
Liability of landowners
Automobile accidents
Professional negligence
Intentional infliction of emotional distress
Defective products
Question 8.8.(TCOs 3, 5, and 6) Which of the following is not a defense to negligence? (Points : 5)
Assumption of the risk
Contributory negligence
Comparative negligence
Immunity
Self-defense
Question 9.9.(TCOs 3, 5, and 6) Actual authority of partners to enter contracts on behalf of the partnership (Points : 5)
means that authority is implied because the conduct of the parties has reasonably led third persons to believe that such authority exists.
means that other partners have approved the contract.
always exists for all partners.
All of the above
None of the above
Question 10.10.(TCOs 10 & 11) The ADR proceeding involving an out-of-court hearing before a neutral party who listens to two or more disputing parties and renders a decision resolving the dispute is known as (Points : 5)
arbitration.
mediation.
negotiation.
mini-trial.
early neutral evaluation.
11. (TCOs 1 & 2) What type of factors influence the laws and legal system of a given country? (Points : 10)
Question 12. 12. (TCO 1) Why is the U.S. Supreme Court called the Supreme Court? (Points : 10)
Question 13. 13. (TCOs 1 & 2) What are the rights afforded a criminal defendant pursuant to due process? (Points : 10)
Question 14. 14. (TCO 1) What clause of the Constitution was used to enable Congress to pass the Civil Rights Act of 1964, and why did they use this clause? (Points : 10)
Question 15. 15. (TCOs 3, 5, & 6) What are the elements of negligence? (Points : 10)
Question 16. 16. (TCOs 3, 5, & 6) What is necessary between parties to have a bilateral contact? (Points : 10)
Question 17. 17. (TCO 1) Based on your understanding from your text of the criminal system as it relates to juvenile offenders, what are some of the issues facing the courts when determining how to deal with juvenile crime? (Points : 20)
Question 18. 18. (TCOs 10 & 11) What are the types of discovery that parties may use in a civil lawsuit? Provide examples of each type of discovery and how it could be helpful to a party’s case? Why is the same type of discovery not allowed in criminal cases? (Points : 20)
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