14 Jun The legal requirement that a party to a civil
Question
24. The legal requirement that a party to a civil lawsuit must receive notice of the alleged violation of law and a hearing is known as:
a. Res judicata
b. Due process of law
c. Appellate review
d. Stare devises
25. Which of the following forms of speech is afforded no protection by the first amendment?
a. Commercial speech.
b. Defamatory speech and obscenity.
c. Nonverbal, symbolic communication.
d. Speech critical of the government.
26. The legal doctrine which requires courts to adhere to legal decisions in previous cases and to apply those decisions to latter cases is known as:
a. Stare decisis
b. Precedent
c. The case holding
d. Procedural due process
e. Judicial review
27. If a plaintiff is from Ohio, a defendant is from Michigan, and the incident involving them occurred in Ohio, a U.S. 6thDistrict Court exercising diversity of citizenship jurisdiction, would most likely apply the substantive law of the state of:
a. Michigan
b. Ohio
c. Defendant’s choice of law
d. None of the above, the federal common law would apply in a diversity case
e. None of the above
28. Which of the following justifications is not a valid reason for upholding a state regulation which affects interstate commerce?
The state statute serves a legitimate purpose such as protecting the health, safety or welfare of the state’s citizens.
The statute protects local industry from out-of-state competition.
The statute applies equally to interstate and intrastate commerce.
d. None of the above are valid reasons.
29. In a civil suit, the plaintiff must prove the case:
a. By a preponderance of the evidence
b. Beyond a reasonable doubt
c. Beyond a shadow of a doubt
d. None of the above. The defendant bears the burden of negating the plaintiff’s prima facie case
30. The power to impose a binding decision that resolves a dispute is conferred upon a(n):
Mediator Arbitrator
a. Yes No
b. No Yes
c. No No
d. Yes Yes
31. Tom, a plaintiff, sues both Sandy and Lexis for damages arising from a keg party gone wrong. If Sandy were to file separate complaints against Tom and Lexis, the complaints would be described as:
a. Counterclaims
b. Cross-claims
c. Third-party complaints
d. A counterclaim and cross claim
e. An affirmative defense
32. Legally admissible testimony and documents offered at a trial to prove any facts alleged in the pleadings are known as:
a. Burdens of proof
b. Materials of importance
c. Documents of legal import
d. Evidence
33. A state’s “police power” is the source of statutory requirements such as:
Building codes
Zoning ordinances
Fire and health codes
Interstate commerce standards
e. All but d, above
34. A state statute requiring state residents to pay $45 for fishing license, and non-residents to pay $90 for the same license would be considered unreasonable discrimination under the:
Import-Export Clause
Supremacy Clause
Contract Clause
Commerce Clause
e. None of the above
35. In a criminal trial, the prosecution bears the burden of proving that the defendant committed the crime:
a. With a minimum of intent
b. With the aim of personal profit
c. By a preponderance of the evidence
d. Beyond a reasonable doubt
36. In common law, when a ruling establishes a new legal direction, it is called a:
a. Precedent
b. Social Contract Theory
c. Judicial Review
d. Consequence
37. The legal right to exclude others from interfering with what you own is:
a. The Defensible property right
b. The definition of property rights and includes property rights you have in yourself
c. The right to self-incrimination
d. All of the above are correct
38. Most crimes include which of the following elements?
a. the state of being
b. a criminal act (actus reus)
c. a criminal intent (mens rea)
d. b or c but not both
e. b and c
39. In the case: United States v. Hilton Hotels a purchasing agent employed by defendant Hilton Hotels Corporation threatened to boycott a supplier to the hotel. The threat was a criminal violation of the federal Sherman Act. Defendant and two of its managers had told the purchasing agent not to participate in the boycott.
Which of the following statements best describes the possible liability a corporation may face as a result of an employee’s criminal activity?
a. A Corporation can be shielded from liability for actions of their employees provided the actions are within the scope of the employee’s employment.
b. A Corporation can be shielded from liability for the actions of their employees only if the corporation can prove that the employee received appropriate direction from corporate management.
c. A Corporation may be held guilty of a criminal act committed by its employee in the scope of his employment even though the action was contrary to general corporate policy and express instructions to the agent.
d. Punishment of individual employees responsible for committing a criminal act is deemed an effective deterrent, therefore the corporation should be shielded from such actions.
40. Which of the following is not an example of an inchoate crime:
a. Attempt
b. Bribery
c. Solicitation
d. Conspiracy
41. The U.S. Constitution has two amendments pertaining to Due Process. They are the 5th and 14thamendments. Why are there two?
a. The 14th amendment supersedes the 5th amendment.
b. The 5th amendment pertains to the Federal Government while the 14th amendment pertains to the State Government.
c. The 14th amendment finished what the 5th amendment started
d. None of the above are correct
42. The levels of a criminal offences include all but which one of the following?
a. Misdemeanor
b. Tyranny
c. Felony
d. Treason
43. Within the field of ethics, which of the following best describes formalism:
a. If an action is deemed unethical, there is no circumstance under which it will become ethical.
b. If an action is deemed unethical, only Congress can override it.
c. If an action does not produce the most good, the action should not be undertaken.
d. Formalism carefully defines exceptions to all ethical actions.
44. Once a precedent is established, our legal system maintains a reasonably high level of predictability and consistency via the philosophy of:
a. Court order
b. Stare Decisis
c. Res Ipsa Loquitor
d. First impression
45. Criminal law: the set of rules and principles that protect society as a whole and are enforced by the:
a. government and remedial in nature.
b. government and punitive in nature.
c. victims of crime and are punitive in nature.
d. filing of a civil lawsuit
46. In the Erie Railroad v Thompkins case, Tompkins was struck and injured by a train operated by the Erie RR. while walking along tracks in Pennsylvania. Tompkins is a citizen of Pennsylvania and the Erie RR is a New York corporation. The trial and appellate courts ruled in favor of Thompkins and ignored the common law of Pennsylvania. What did the U.S. Supreme Court say?
a. The U.S. Supreme Court affirmed the lower courts’ rulings stating that a state’s common law is not relevant to federal cases.
b. Federal Courts must apply the substantive common law of the state in which the issue arose. ( the Erie Doctrine )
c. Federal Courts may create their own Federal Common Law to be considered along with state common law.
d. Federal Courts have no jurisdiction over railroad companies.
47. You have been charged with a criminal offense. Which of the following procedures could you elect to use in order to resolve the issue:
a. Arbitration
b. Mediation
c. Negotiation
d. Remediation
e. None of the above
48. What is increasingly regarded as the single most important element to the foundation of wealthy nations?
a. Laws that are applicable to the citizenry but not the applicable to the law makers.
b. An adequately enforced legal system with equally applied laws.
c. A strong emphasis on legal realism.
d. None of the above
49. In the Granholm v. Heald case, both Michigan and New York statutes regulate marketing of alcoholic beverages through a three?tier distribution system requiring producers to sell their products only to state licensed wholesalers who then may sell the products to state licensed retailers for sale to consumers. Both statutes included exemptions. The Michigan law allowed wineries located in Michigan to ship their wine directly to consumers without using the state distribution system. The New York law allowed wineries that produced wine from New York grown grapes to ship directly to consumers and allowed out of state wineries with a physical site (“branch, factory, office or storeroom”) in New York to ship their wines directly to New York consumers without using the state distribution system.
The ruling of the court in this case stated that both Michigan and New York:
a. Both states’ laws are proper in that they defend instate businesses from out of state competition.
b. Both states’ laws are in accord with the Commerce Clause, Article 1, section 8 of the U.S. Constitution.
c. Discriminate against interstate commerce and in favor of intrastate commerce.
d. None of the above are correct
50. Which of the following is based upon protecting society as a whole with a minimum set of standards of conduct and punishment for those who fail to meet those standards?
a. Civil law.
b. Common Law.
c. Criminal Law.
d. Adminstrative Law.
e. Constitutional Law.
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