QuestionQuestion 1.1. (TCO 1) The power of government to regulate is sometimes referred to as (Points :

01 May QuestionQuestion 1.1. (TCO 1) The power of government to regulate is sometimes referred to as (Points :

Question
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) In general, injured workers cannot sue employers under (Points : 3)

workers’ compensation law.

tort law.

negligence.

peculiar risk doctrine.

assumption of the risk.

Question 3.3. (TCOs 3, 5, and 6) The “Golden Arches” is an example of something that is entitled to protection under (Points : 3)

patent law.

copyright law.

trade secret law.

trademark law.

All of the above

Question 4.4. (TCOs 10 & 11) Which of the following is not found in a complaint? (Points : 3)

Caption

Allegations

Denials

Prayer

Signature of attorney

Question 5.5. (TCOs 1 & 2) Crimes can be committed against (Points : 3)

property.

persons.

the public.

B and C.

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) In order for a crime to be committed, there must be the following: (Points : 3)

actus reus and mens rea.

a weapon.

an accomplice.

None of the above

All of the above

Question 11.11. (TCOs 8 & 11) If you are unfamiliar with the area of law you are researching, you should begin the research with (Points : 5)

case law.

statutes.

secondary sources.

primary sources.

newspapers.

Question 12.12. (TCOs 8 & 11) We look to statutes to provide (Points : 5)

concise statements of the law.

a detailed summary of the law.

summaries of important cases.

guidance for the public.

references to secondary sources.

Question 13.13. (TCOs 8 & 11) Which element of a case brief is the most important? (Points : 5)

Rules

Analysis

Facts

Issues

Conclusions

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) When citing authorities, you should use (Points : 5)

a legal treatise.

a legal encyclopedia.

A Uniform System of Citation.

a state style manual.

either C or D.

Question 16.16. (TCOs 8 & 11) The purpose behind legislation to mandate safety in consumer products is because (Points : 5)

it aims to protect consumers from hazardous products or services.

it provides a means for consumers to seek a remedy after being injured by a dangerous product.

it is required by federal law.

it was developed by governments to compensate injured consumers.

of both B and D.

Question 17.17. (TCOs 8 & 11) Stare decisis means (Points : 5)

case law.

reporter.

similarities.

precedent.

review.

Question 18.18. (TCO 7) Works that may be copyrighted could include: (Points : 5)

Paintings

musical composition

choreography

None of the above

All 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 3) If an employee is driving a company van and runs a red light causing serious injury to the other driver, the employer could be held liable under what theory? (Points : 5)

Contributory negligence

respondeat superior

res ipsa loquitur

all of the above

None of the above

Question 21.21. (TCOs 4, 9, and 11) Advantages of alternative dispute resolution include: (Points : 5)

You are picking your own judge

It can save parties time and money

You can use a free attorney

All of the above

None of the above

Question 22.22. (TCOs 10 & 11) The law will not allow a person to escape liability for dangerous activities by simply (Points : 5)

leaving the state.

hiring an independent contractor to perform for them.

declaring bankruptcy.

changing his or her procedures after an injury has occurred.

declaring that the injured person assumed the risk.

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) Which of the following frequently offer arbitration services? (Points : 5)

Private judges

The court

The American Arbitration Association

None of the above

All of the above

Question 25. 25. (TCOs 4, 9, and 11) How does the use of trademarks influence consumer behavior? Name a trademark or service mark with which you are most familiar and why you use this product. (Points : 10)

Question 26. 26. (TCO 7) First Amendment protection includes words and actions. However, the First Amendment protection is not absolute. Provide an example of protected symbolic speech. Provide an example of First Amendment speech that is not protected. (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) What is the best way to use a legal encyclopedia when conducting legal research? (Points : 10)

Question 29. 29. (TCOs 1 & 2) What is the purpose of the exclusionary rule? (Points : 10)

Question 30. 30. (TCO 1) State and federal agencies such as the IRS and the FDA have rules that can have the same force and effect as law. How are those regulations created? (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) Most people assume that if they find something on the Internet, they are free to use it without intellectual property considerations. Is this true? How has the Internet changed the way companies protect their intellectual property? What are some of the ways that people improperly use intellectual property? How are companies challenged in trying to protect their intellectual property? (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)