Deck 2: Midterm Two

Question 1

The extortion of private persons is called blackmail.

Answer 1

True

Question 2

One of the factors that are part of the cost-benefit analysis of a lawsuit is the unpredictability of the legal system and the possibility of error.

Answer 2

True

Question 3

Subject-matter jurisdiction and in personam jurisdiction are the same concept.

Answer 3

False

Question 4

A majority decision is precedent for later cases.

Question 5

Most crimes require mens rea and actus reus.

Question 6

The complaint is filed by the defendant.

Question 7

Bribery is a white collar crime.

Question 8

Parties and witnesses can be deposed.

Question 9

The decision of a state supreme court is absolutely final.

Question 10

The concept of law is very broad.

Question 11

The Natural Law School of jurisprudence believes the law is a combination of social traditions and customs.

Question 12

Because of the nature of the common law system,the law is inflexible.

Question 13

A penal code is found in a jurisdiction's statutes.

Question 14

An ordinance is equivalent to a statute.

Question 15

The defendant is formally charged in court at the indictment.

Question 16

A court could consolidate the cases into one case if the same facts are alleged by several plaintiffs against the same defendant.

Question 17

Less than 80% of all cases are settled before they go to trial.

Question 18

The civil law system can be traced back to the ancient Romans.

Question 19

Every state has a general-jurisdiction trial court.

Question 20

There are 13 circuits in the federal court system.

Question 21

The Articles of Confederation was the document that first established the U.S.Federal government.

Question 22

The Bill of Rights is not applicable to the actions of state governments.

Question 23

A tenant in common may pass along that interest at death.

Question 24

Contracts entered into by minors are void.

Question 25

A contract may be made through the implication of the parties' conduct.

Question 26

"Are you interested in selling your boat for $5,000?" is an offer.

Question 27

The federal government is divided into two branches of government: the legislative and executive branches.

Question 28

Truth is not a defense to slander.

Question 29

The Commerce Clause has a greater impact on business than any other provision in the Constitution.

Question 30

One can commit an act of negligence without actually causing harm to the plaintiff.

Question 31

The party making the offer is the offeree.

Question 32

Sales of goods made by nonmerchants are not governed by the Uniform Commercial Code,Article 2.

Question 33

Personal property that is permanently affixed to land or buildings is called a fixture.

Question 34

Tort damages are monetary damages.

Question 35

Truth is not a defense to invasion of privacy.

Question 36

The doctrine of res ipsa loquitur makes the defendant liable when the defendant's act was in violation of a statute designed to cover the defendant's conduct.

Question 37

A fee simple defeasible grants the owner all the incidents of a fee simple absolute.

Question 38

Finders of lost property take title to the property.

Question 39

A bailment is the transfer of possession,but not title,of personal property.

Question 40

The states have powers as well,but they do not include "police power," the power to make laws that protect or promote the public health,safety,morals,and general welfare.

Question 41

Every state in America has the common law as the basis of its legal system except:

A)Alaska.
B)California.
C)Pennsylvania.
D)Louisiana.

Question 42

Who bears the burden of proof in a civil case?

A)The prosecution.
B)The plaintiff.
C)The defendant.
D)The jury.

Question 43

The protection against self-incrimination does not apply to:

A)Body fluids.
B)Corporations.
C)None of the above.
D)Both of the above.

Question 44

Warrantless Searches are allowed when:

A)The evidence is in plain view.
B)The evidence is likely to be destroyed.
C)Both of the above.
D)None of the above.

Question 45

All of the following are pleadings except:

A)The motion for judgment on the pleadings.
B)The answer.
C)The cross-claim.
D)The reply.

Question 46

The following branch of government has the power to make law:

A)The legislative.
B)The executive.
C)The Judicial
D)The bureaucratic.

Question 47

The form of ADR that involves a neutral party helping the parties to resolve the dispute without making any substantive decision on the merits is:

A)Arbitration.
B)Conciliation.
C)Mediation.
D)Private judging.

Question 48

In order for something to be "law," it must:

A)Make sense.
B)Be created by a legislature.
C)Be obeyed.
D)Have the approval of the citizens.

Question 49

There are how many justices on the U.S.Supreme Court?

A)7
B)8
C)9
D)10

Question 50

All of the following are discovery devices except:

A)Depositions.
B)Interrogatories.
C)Production of Documents.
D)Cross-Examination.

Question 51

The Critical Legal Studies School of jurisprudence believes:

A)Law is shaped by logic.
B)Legal rules are unnecessary.
C)Law is a combination of social transactions.
D)Law is based on what is "correct."

Question 52

With limited exceptions,federal judges are appointed for:

A)14-year terms.
B)Life.
C)8-year terms.
D)4-year terms,unless re-elected.

Question 53

If other persons have an interest in a lawsuit,they may:

A)Consolidate.
B)Intervene.
C)Cross-complain.
D)Cross-reply.

Question 54

The RICO statute was created in response to:

A)Corrupt politicians.
B)Organized crime.
C)Recidivist criminals.
D)Illegal Immigration.

Question 55

A forum-selection clause in a contract is about:

A)Damages.
B)Venue.
C)Jurisdiction.
D)Liability.

Question 56

A state court system includes all of the following except:

A)A bankruptcy court.
B)A limited-jurisdiction court.
C)An intermediate appellate court.
D)A supreme court.

Question 57

The Eighth Amendment prohibits:

A)Electrocution capital punishment.
B)Sterilization.
C)Life without parole.
D)Imprisonment with almost no interpersonal contact.

Question 58

When two or more persons enter into an agreement to commit a crime,that is a:

A)Bribe.
B)Racket.
C)Plea Bargain.
D)Conspiracy.

Question 59

Federal courts have limited jurisdiction to hear cases involving:

A)Federal questions and diversity of citizenship.
B)Diversity of citizenship and admiralty.
C)Bankruptcy and federal crimes.
D)Diversity of citizenship and matters not subject to federal jurisdiction.

Question 60

Feminist legal theory:

A)Takes a female perspective into account when developing and applying the law.
B)Argues that women should be given lighter criminal sentences than men.
C)Was created by Gloria Steinem.
D)Was illegal in America in the early 20^th century.

Question 61

The Freedom of Speech clause is found in the U.S.Constitution's:

A)First Amendment.
B)Second Amendment.
C)Third Amendment.
D)Fourth Amendment.

Question 62

The following is a type of future interest:

A)Reversion.
B)Remainder.
C)Both of the above.
D)None of the above.

Question 63

The Constitutional Amendment that prohibits discriminatory and unfair action by the government is the:

A)First Amendment.
B)Fourteenth Amendment.
C)Thirteenth Amendment.
D)Second Amendment.

Question 64

A gift causa mortis is a gift:

A)Given during one's lifetime.
B)That is irrevocable.
C)Made in contemplation of death.
D)That is dependent upon contract formation.

Question 65

When one is given another's personal property and fails to return it,the following tort is committed:

A)Trespass to land.
B)Conversion.
C)Trespass to personal property.
D)False Imprisonment.

Question 66

A counteroffer:

A)Terminates the offeror's offer.
B)Creates a new offer.
C)Both of the above.
D)None of the above.

Question 67

Kitchen cabinets installed in a kitchen are:

A)Fixtures.
B)Personal Property.
C)Chattel.
D)Goods.

Question 68

The Establishment Clause of the First Amendment:

A)Establishes the supremacy of the federal government.
B)Declares that Congress has power over interstate commerce.
C)Requires that similarly situated people be treated identically.
D)Prohibits the government from creating a state religion.

Question 69

According to the Statute of Frauds,contracts that are not in writing,but should be,are:

A)Void.
B)Enforceable.
C)Unenforceable.
D)Illegal.

Question 70

The following type of speech has limited protection under the First Amendment:

A)Religious speech.
B)Child pornography.
C)Commercial speech.
D)Political speech.

Question 71

Defamation requires that:

A)The defendant makes an untrue statement of fact about the plaintiff.
B)The statement is published.
C)Both of the above.
D)None of the above.

Question 72

The type of concurrent ownership involves the deceased tenant's interest passing to his or her estate is a:

A)Joint tenancy.
B)Tenancy in common.
C)Tenancy by the entirety.
D)Community property.

Question 73

The doctrine of proximate cause can be summed up in the following word:

A)Foreseeability.
B)Negligence.
C)Damages.
D)Liability.

Question 74

Contracts made by minors are:

A)Void.
B)Voidable.
C)Executory.
D)Executed.

Question 75

The Equal Protection Test that determines whether the government's unequal classification is "reasonably related" to a legitimate government purpose is the:

A)Strict Scrutiny Test.
B)Intermediate Scrutiny Test.
C)Rational Basis Test.
D)Due Process Test.

Question 76

The following is not one of the basic requirements for an enforceable contract:

A)Consideration.
B)Contractual capacity.
C)Agreement.
D)Counteroffer.

Question 77

The following is an example of an equitable remedy:

A)Liquidated damages.
B)Punitive damages.
C)Tender of performance.
D)Specific performance.

Question 78

The type of landlord-tenant relationship that involves a lease of property for three months is a:

A)Tenancy for years.
B)Periodic tenancy.
C)Tenancy at will.
D)Tenancy at sufferance.

Question 79

The tort of any unlawful threat of immediate harm or offensive contact or any action that causes the plaintiff to believe in an imminent harm is a(n):

A)Assault.
B)Battery.
C)False imprisonment.
D)Negligent infliction of emotional distress.

Question 80

If a hiker gets stuck under a boulder and someone gets injured while helping the hiker,the hiker could be liable to that person because of the:

A)Respondeat superior doctrine.
B)Social host liability doctrine.
C)Danger invites rescue doctrine
D)Dram Shop Act.