Test Bank for American Law and Legal Systems, 7th Edition by James

Test Bank for American Law and Legal Systems, 7th Edition by James

Test Bank for American Law and Legal Systems, 7th Edition by James

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CHAPTER ONE. INTRODUCTION Multiple Choice Questions 1. The underlying theory of Natural Law is that: A. There are immutable principles of right and wrong that people may discern through their powers of reasoning; B. It is only natural for government to set laws defining right from wrong; C. The government will naturally change the laws as society changes; D. All of the above; E. None of the above.

Answer: A 2. Which of the following is a function of law?

A. To bestow benefits on people; B. To create new obligations with which citizens must comply; C. To proscribe certain anti-social behavior; D. To provide predictability and stability; E. All of the above.

Answer: E 3. Whenjudgesinterpretthemeaningof constitutions,statutes, and otherforms of writtenlaw, develops.

A. Administrativelaw; B. Commonlaw; C. Constitutionallaw; D. Caselaw; E. Noneoftheabove.

Answer: D 4. Maluminse: A. Is the theoretical basis of civil law; B. Referstoactsthat areinherentlyevilorwrong; C. Refers to activities thatarewrongmerelybecausethelegislaturesaysso: D. All of the above;

Test Bank for American Law and Legal Systems, 7th Edition by James

E. None of the above.

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Answer: B 5. Which of the following is correct?

A. Peopleareguaranteeddueprocess of law byboth stateandnationalgovernments; B. Constitutionallawdealswiththeinterpretation offederal andstateconstitutions; C. Substantivelaw is both civil and criminal in nature.

D. Administrativelaw is thelawthatcontrolsthebehaviorof regulators; E. All of the above.

Answer: E 6. Thedistinctionbetweenacrimeandacivilwrong: A. Dependsonthenatureoftheact; B. Is thatthestateprosecutescivilwrongs.

C. Depends on thelegalconsequencesthatfollowtheact; D. Is that one carries theconcept of fault or blameandtheotherdoesnot; E. All of theabove.

Answer: C 7. Thetheoryof lawthatholdsthatlawevolves as societydoesis: A. The positive theory of law; B. Thesociologicaltheoryof law; C. Legitimacy of law; D. Naturallaw; E. Theoryof certiorari.

Answer: B 8. Which of the following is correct?

A. Peopleobeythelawbecause of fear; B. Peopleobeythelawbecausetheybelievethelawmakerhaslegitimacy; C. Peopleobeythelawbecauseofhabit; D. Peopleobeyordisobeythelawbasedontheirownsenseofrightandwrong.

E. All of the above.

Answer: E 9. Bob Jones Universityv. United States: A. InvolvedstatutorylawbecausetheCourthadtodealwiththeUniversity'sclaimundertheFree ExerciseClauseoftheConstitution aboutits discriminationbased on religiousgrounds; B. Involvedadministrativelawbecausethe Courtinterpretedthemeaningof InternalRevenueCode§§ 501(c)(3) and 170; C. Involvedconstitutionallawbecausethe Courtexaminedthe Internal Revenue Service’s Test Bank for American Law and Legal Systems, 7th Edition by James

application of the term "charitable;"

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D. All oftheabove; E. Noneoftheabove.

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Answer: E 10. Thetheoryof lawthatholdsthatlaw is whateverthesupremeauthoritycan commandand enforceis: A. Positivetheoryof law; B. Thedivinerightofkings; C. Thesociologicaltheoryoflaw; D. Rationalistictheoryoflaw; E. Noneoftheabove.

Answer: A 11. Whena privatecitizenfilesa lawsuit againstanotherprivatecitizen, this is a: A. Criminal case; B. Civilcase; C. Misdemeanor; D. Writofcertiorari-, E. All of the above.

Answer: B 12. Naturallaw: A. Isman-madelaw; B. Is withoutmoralovertones; C. Maylead to civildisobediencewhenthe"higherlaw" conflictswithpositivelaw; D. IswithoutinfluenceinAmericanlaw; E. Noneofthe above.

Answer: C 13. Astudentat youruniversityhasbeendeniedfinancialaid. Whichofthefollowingis correct?

A. Ifthedenialisbecauseherincomeistoogreat,thatis an exampleofsubstantivelaw; B. If thedenialis basedon herfailuretomeetthedeadlinesforfilingthepaperwork,thatis an exampleof procedural law; C. If the denial is based on her gender, that is an example of violation of constitutional law; D. If thedenialis based on a universitypolicy(such as not meetingrequiredacademicprogress standardsset bytheuniversity),thatis an exampleofadministrativelaw; E. All oftheabove.

Answer: E 14. Commonlaw: A. Is created bycitycouncils; B. Is createdbythedecisionsof judgesandjuries in theabsenceof positivelaw; C. Is created byCongress; Test Bank for American Law and Legal Systems, 7th Edition by James

D. Is createdbystatelegislatures; E. None of theabove.

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Answer: B 15. Which ofthe followingillustrates how lawbestowsbenefits on people?

A. Alawincreasingtaxes; B. Alawrequiringmilitaryservice; C. Alawmakinginternet fraudacrime; D. Alawcreatingastudentloanprogram; E. None ofthe above.

Answer: D

EssayQuestions 1. Identify and discuss functions of law in society.

2. Define the concept of legitimacy and apply it to the law.

3. Discuss the philosophy of John Locke and its application to American political thought.

4. Compare and contrast the sources of law in society including, but not limited to, natural law, positive law; and sociological approach to law.

5. Define and compare and contrast various kinds of law such as substantive v. procedural, civil including equity v. criminal, public (constitutional, criminal, administrative, and environmental) v. private law, and case law.

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CHAPTER TWO. HISTORY AND THE LAW

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1. In the British system, solicitors: A. Are primarily trial lawyers; B. Are never university trained; C. May establish their own solo practice immediately upon completion of their training; D. Must join one of the Inns of Court; E. Are the initial conduit between the barristers and the clients.

Answer: E 2. Certainprinciples of contractlaw--identification of parties andspecificationsregardingobligations-can be traced to: A. Mesopotamians; B. Greeks; C. Romans; D. Canon law; E. Hebrews.

Answer: A 3. Today, lawyers: A. Receivetheirlegaltrainingin formaleducationalsettings; B. Are not controlled in thepractice of theirprofession byany governingbodies; C. Areknown as eithersolicitors orbarristers inthis country; D. Enter the legal profession through apprenticeships; E. None of the above.

Answer: A 4. The Inns of Court in England: A. Aretheonlyorganizationsthatmaycall people to thebar; B. Arecomposed of chambers or groups of offices of solopractitioners; C. Arethe Britishequivalent of HolidayInns; D. Aand B; E. Band C. Answer: D 5. Theprimaryfunction of French(andothercivillaw) prosecutors is.

A. B. C. D.

Secureconvictions; Insurethatjusticeisdone; Insurethatsociety'sinterestsareserved; Aand B

Test Bank for American Law and Legal Systems, 7th Edition by James

E.

Band C

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Answer: E

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6. Themostimportantfactor in theselection oflaw school is: A. Price; B. Location in thestatewhere youplanto practice; C. Prestige; D. ABAapproval; E. Alloftheabove.

Answer: D 7. Which of thefollowingstatements is correct?

A. ThelawoftheUnitedStatesis not theproductofexperience; B. Thejurisprudenceof allthestates is basedsolelyon thecommonlawtraditionsof Great Britain; C. One of theearliestextantsets of laws is the Code of Hammurabiwrittenaround 2000 B.C.E.; D. Lawsarecreated in avacuum; E. Alloftheabove.

Answer: C 8. Thepersonknown as thefirst professor of law in thiscountrywas: A. GeorgeWashington; B. GeorgeWythe; C. GeorgeClooney; D. George Foreman; E. Noneoftheabove.

Answer: B 9. Theroots of thecommonlawsystem in this countrylie in: A. Germanlegaldecisions; B. Englishlegaldecisions; C. Chinese legal decisions; D. Scandinavianlegaldecisions; E. Scottishlegaldecisions.

Answer: B 10. Which of the following is correct?

A. Initially,lawsrelatingtofamilymattersandtoinheritanceweredecidedprimarilyon principlesfrom religiousentitiesunderboth Islamicand Christiancultures; B. Under Æthelbertin England,injuriesto persons or propertyresulted in fines as determinedbythe code; C. UndertheChancery,writsprovidedaccessto thecourtsforpaymentof a fee, determinedwhich Test Bank for American Law and Legal Systems, 7th Edition by James

courtheardthecase, anddirectedthesheriffto summontheparties to court;

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D. All of theabove; E. Noneoftheabove.

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Answer: D 11. Equity: A. Is knownforits flexibility; B. Requiresthatthewrongcan be completedandthenassessesdamages.

C. Wasnot developedthroughtheChanceryin England; D. Is vested in aseparatecourtsystem in thiscountry; E. B and D. Answer: A 12. Thesystem of lawthat is based on thenotion of an appeal to theconscienceof the judgeand to a higher system of justice is: A. Equity; B. Substantivelaw; C. Procedurallaw; D. Constitutionallaw; E. Contracts.

Answer: A 13. Underthetheoryof thedivineright ofkings in medieval Europe: A. Thepope, in religiousmatters, andtheking, in secularmatters, were deemed God's representatives on Earth; B. All law, spiritual and temporal, was inspired by God; C. Lawwas considered to be eternal and immutable; D. Disobeyingthemonarchwastantamountto disobeyingGodandcarriedpunishment; E. All of theabove are true.

Answer: E 14. Which of thefollowingis correctregardingtheorigins of Britishjurisprudence?

A. Thenativepopulationhad no establishedsystem of justicebeforethe Norman Conquest; B. Thefirstcodification of laws in Great Britaintookplaceunder George III; C. ThePlantagenetsarecreditedwithcentralizingthejudicialsystemandthebeginning of common law; D. Feudalism,thesocialsystembased on a series of reciprocalobligations,had no effect; E. All of theabove.

Answer: C 15. Which of the following is not correct?

Test Bank for American Law and Legal Systems, 7th Edition by James

A. Americanlawyerstodayaretrained in thetraditionalmethod of "reading"lawwith

Test Bank for American Law and Legal Systems, 7th Edition by James

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practitioners; B. Thesolicitorsin the Britishsystemarethosewhorepresentclients at trialin thehigher courts; C. Frenchjudgesareelevatedfromamongtheranks of practicingattorneys; D. TheAmericansystemis theonlyonethat requires an apprenticeshipforyounglawyers; E. All of theabove.

Answer: E

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16. Thedistinctionbetweencivil(Romano-Germanic)systemsandcommonlawsystemsis: A. Thetypeofactivitiesthat arebarred orcondoned; B. Thatthecivillawtraditionwasspreadbycolonizationof new areaswhilecommonlaw was not; C. The approach taken in legal reasoning and methodology; D. Thatthecivillawtradition is foundonlyin westernEuropewhilecommonlawdominates in such far-flung places as Australia; E. All of the above.

Answer: C

17. Corpus Juris Civilis is the: A. Codeof Ǽthelbert; B. CodeofJustinian; C. TreatisewrittenbyDraco; D. Collectedworks of Plato; E. StatutewrittenduringthePlantageneterainFrance.

Answer: B Essay Questions 1. Identify and discuss the contributions of past legal systems to American jurisprudence.

2. Discuss the Corpus Juris Civilis, its origins, its history, effect of Natural Law School, and its role of the dominant legal system in the world.

3. Compare and contrast the differences between the common law system and the RomanoGermanic law including, but not limited to, antecedents and approach to legal reasoning.

4. Discuss the characteristics of a socialist system of law.

5. Discuss the law and legal systems in Anglo-Saxon England.

6. Discuss the role of the crown from the time of William the Conqueror through the Plantagenets on the development of English law including equity.

7. Trace the development of equity and discuss its import.

Test Bank for American Law and Legal Systems, 7th Edition by James

8. Discuss American law during the colonial and immediate post-Revolutionary periods.

9. Discuss the training of American lawyers and contrast that with other systems.

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CHAPTER THREE. COURT ORGANIZATION Multiple Choice Questions 1. Article III courts include which of the following?

A. Federal District Courts; B. U.S. Supreme Court; C. Court of Appeals for the Federal Circuit; D. All of the above; E. None of the above.

Answer: D 2. Judge Bigotmadesexiststatements to theattorneysfrom thebench. She could be removedfromoffice by: A. Legislativeaddress; B. Quowarrantoproceedings; C. Judicial Conduct Boards with proper authority; D. All of the above.

E. Noneoftheabove.

Answer: D 3. Which ofthe followingdoes not accuratelydescribeourjudicial system?

A. Adversarial; B. Passive; C. Apolitical; D. Limitedastoauthority; E. All of the above.

Answer: C 4. Thepresidentnominates andthe Senateapproves all federal judges except: A. Bankruptcyjudges; B. JudgesoftheU.S.Court ofAppealsforArmedServices; C. Judges of the Court of Appealsforthe Federal Circuit; D. Magistratejudges; E. Aand D. Answer: E Test Bank for American Law and Legal Systems, 7th Edition by James

5. Federalcourts'jurisdictionoverbankruptcyandadmiraltycasesis:

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17 A. Concurrent; B. Exclusive; C. Appellateonly; D. Geographicalonly ; E.Nonexistent.

Answer: B 6. In anygivenyear,thelargestnumberof cases is heard in the: A. UnitedStatesSupremeCourt; B. Statecourtsoflastresort; C. UnitedStatesdistrictcourts; D. Statetrialcourts; E. Article Icourts.

Answer: D 7. A planforselectionof judgesthatcombinesnominationbycommission, appointmentbythe governor, and election bythe people is called the: A. TexasPlan; B. Missouri Plan; C. New England Plan; D. South Carolina Plan; E. New Mexico Plan.

Answer: B 8. Which of the following is correct?

A. Originaljurisdictionrefers to thepower of the court to initiallydecidea case; B. Exclusivejurisdictionexistswhenonecourtor level of courthasauthorityto decidea particular case; C. Finaljurisdictionrefers tothecourt oflast resort; D. Concurrentjurisdiction existswhentwocourtssharepower; E. All of the above.

Answer: E 9. Which of thefollowingmayinfluencejudicialelections?

A. Moneythatcomes in theform of campaigncontributionsfrompotentiallitigants; B. Namerecognitioneven ifthename is actuallyknownbecauseof someoneprominent in another field; C. Lack of specificknowledge of thejudge'srecord on thepart of thepublic; D. All oftheabove; E. Noneoftheabove.

Test Bank for American Law and Legal Systems, 7th Edition by James

18 Answer: D

Test Bank for American Law and Legal Systems, 7th Edition by James

19 10. Appellatecourts: A. Haveonlyone judge; B. Decidethefacts; C. Havejuries; D. Primarilydecidecasesunderoriginaljurisdiction; E. Noneoftheabove.

Answer: E 11. Thefunction of an appellatejudge is to: A. Assisttheparties in selectingajury; B. Rendertheinitialdecision in thecase; C. Determinethefactsandapplythelaw; D. Reviewthedecisions of thelowercourtto determineif thelawwasproperlyapplied; E. All of theabove.

Answer: D 12. Therole of senatorialcourtesyin judicial appointments is mostimportant at whichlevel of federal courts?

A. SupremeCourt; B. CourtsofAppeals; C. District Courts; D. Magistratejudges; E. Bankruptcy judges.

Answer: C 13. Statelawis importantbecause: A. It decides more questions that touch people personally; B. It cannotbeoverridden byfederal statutes; C. It allows thefederal government to take care of the reallyimportantissues in our lives; D. All oftheabove; E. None of theabove.

Answer: A 14. State courtjudges, either appointed or elected, oftenhavea verylongtenurein office. Judges generallymaybe removed from officethrough; A. Impeachment bythe appropriatebody; B. Legislativeaddress in whichthelegislaturemerelypassesabillremovingtheindividualfromoffice; C. Recallthatinvolvesaspecialelectionheldafterthegatheringoftherequisitenumberof signatureson a petition; D. Actionbya judicial disciplinaryboard afterthe judgehas beengivenproceduraldueprocess in the form ofahearing; E. All of theabove.

Test Bank for American Law and Legal Systems, 7th Edition by James

20 Answer: E

Test Bank for American Law and Legal Systems, 7th Edition by James

21 15. Popularelection ofjudges: A. Occurs at alllevels ofAmericancourts; B. Occursinmanystatescourts but not infederal courts; C. Hasbeensuggestedas areformbut is not currentlyused; D. Occursonlyin federalcourts; E. Hasbeentotallysupplanted bythe Missouri Plan.

Answer: B Essay Questions 1. Define jurisdiction and its elements. Identify and give examples of various types of jurisdiction.

2. Identify and discuss the five-tiers of the state court system including, but not limited to, the jurisdiction of each court and the qualifications of the judges.

3. Trace the route of an appeal through the state courts from a justice of the peace court.

4. Identify and then compare and contrast Article I and Article III courts, giving specific examples of each.

5. Discuss Article III courts and their jurisdiction.

6. Discuss the process of judicial selection on both the federal and state levels.

7. Identify and discuss the removal of judges.

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CHAPTER FOUR. PROCEDURE AND EVIDENCE Multiple Choice Questions 1. Thepresumption ofinnocencemeansthat at trial: A. Defendantmust provethat she is not guilty; B. Statemustprovethatthedefendant is guilty; C. Onlya judgemayfindthedefendant guilty; D. Onlya jurymayfindthedefendant guilty; E. None of the above.

Answer: B 2. Thedocumentthattheplaintifffileswitha court in whichshe allegesthat thedefendanthascausedher some injury is: A. Complaint; B. Summons; C. Response; D. Motion for summaryjudgment; E. Defaultjudgment.

Answer: A 3. As to everyfactualissue, one of thepartieshas thedutyto properlyraisetheissuethroughpleadings, admissibleevidence andpersuasion is called: A. Burdenofproof; B. Presumption of innocence; C. Proofbeyondareasonabledoubt; D. Privilege; E. Noneoftheabove.

Answer: A

4. Opiniontestimonyfromwitnesses is generallyexcludedbecause: A. It is the jury's role to drawconclusionsfromthefactsbroughtoutbythe witnesses; B. Expertsareusuallypaid to givetheirtestimony; C. Thejuryis justas competent as thewitnessto interpretthefacts, D. AandB; E. A and C. Test Bank for American Law and Legal Systems, 7th Edition by James

Answer: E

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5. In acriminal case, the Statemust convince a jury or a judge that the defendant is:

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A. Guiltybyapreponderanceoftheevidence; B. Guitybyreason ofinsanity; C. Guiltybeyond a reasonable doubt; D. Guiltybyclearand convincing evidence;

E. Noneoftheabove.

Answer: C 6. Elizabethis a witnessin Matthew'strialforspousalabuseof Anne.

ElizabethrepeatsKatherine'sassertionthat Matthew beat Anne.

A. ThetestimonyisinadmissiblebecauseoftheParolEvidenceRule; B. ThetestimonyisinadmissiblebecauseoftheHearsayRule; C. Thetestimonyis inadmissiblebecause ofthe Best Evidence Rule; D. ThetestimonyisinadmissiblebecauseoftheExclusionaryRule; E. Thetestimonyisadmissible.

Answer: B 7. Theexclusionaryrulewasimposed on federal courts in thecaseof: A. Marburyv.Madison; B. Pennsylvaniav Munk; C. Weeks v.UnitedStates, D. Colegrovev.Green; E. UnitedStatesv.Richardson.

Answer: C 8. As part ofthedivorceproceedingsbetweenRhettand Scarlett, thejudgemandatesthatthecouple consulta neutralthirdparty, MargaretMitchell,aboutthepropertydivisionandadvisesthemthatthe CourtwillconsiderMitchell'srecommendationsbinding. This is knownas: A. Mediation; B. Court-annexedarbitration; C. Compromise; D. ARM; E. Apeacefulsolution.

Answer: B 9. Assumethat Derek Jeter and the Steinbrennerfamily, owners of the New York Yankees, are involved in a controversyover the amount that Jeter is to be paid during the next contract term. They agree to submit the question to a neutral third partyand to be bound by the decision of that person. This is known as: A. Mediation; B. Arbitration; C. Compromise; Test Bank for American Law and Legal Systems, 7th Edition by James

D. ARM; E. None of the above.

Answer: B

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10. Apluralityopinion: A. Is one whereallthejudgesagreeon boththereasoningandtheoutcomeof a case; B. Is onewhereatleastfiveofthejudgesonanine-personcourtagreeonboththereasoningandthe outcome of the case; C. Isonewhereatleastfiveofthejudgesonanine-personcourtagreeontheoutcomebutnot necessarilythe reasoning of a case; D. Is absolutely binding as precedent; E. Is none of the above.

Answer: C 11. If thedefendant in a civil suit fails to respondto a summons, thejudgemayrender a: A. Summaryjudgment; B. Judgmentbydefault; C. Complaint; D. Deposition; E. Directedverdict.

Answer: B 12. An orderfroma highercourtto a lowercourt to sendup therecord of caseso that thehighercourtmay review the case is: A. Motion for habeas corpus, B. Writ of certiorari; C. Writ of certification; D. Corpusdelicti; E. None of theabove.

Answer: B 13. Adefendantwhopleads nolocontendere is: A. B. C. D. E.

Denyingculpability; Acceptingpunishment; Acceptingculpability; A and B; B and C.

Answer: D 14. Which of thefollowingis not considered as part of the pleadings in a civil case?

A. Complaint; B. Cross-complaint; C. Answer; D. Interrogatory E. None of the above Answer: D Test Bank for American Law and Legal Systems, 7th Edition by James

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15. In a bifurcatedsystem,thereareactuallytwotrialsin oneproceeding. In a criminaltrial,thefirstportion pertainstoestablishingtheinnocenceorguilt; thesecondportionisto: A. Determinepunishment; B. Determinethesufficiencyofthe evidence; C. Plead; D. Allow for an appeal; E. All of theabove.

Answer: A 16. Agreeingto pleadguiltyto a lesseroffensefor a lightersentenceis called: A. Pleabargaining; B. Indicting; C. Nobilling; D. Injunction; E. None of theabove.

Answer: A 17. Potentialjurorswhoexhibitobviousandapparentbiasaredismissedby: A. Prosemotions; B. Probonomotions; C. Peremptory challenges; D. Challengesforcause; E. Propublicochallenges.

Answer: D 18. When can an attorneyuseleadingquestions?

A. Establishmentof preliminarymattersthatarenot in issuesuch as name, addressand occupation; B. Examinationofachildwitness (withincertainlimits); C. Examination of an expert witness; D. Examination ofahostilewitness; E. All of theabove.

Answer: E 19. Rebecca is bringinga lawsuitagainst Tracyforpersonal injuries andpropertydamagebecause of an automobileaccident. Which ofthefollowingstatements is correct?

A. Theinitialdocumentthat is filedwiththecourt is thecomplaint or petition; B. The suit cannot proceed if Tracycannot be served; C. Tracymayfilefora demurrerif Rebeccadoesnot establisha primafaciecasein herpleadings; D. Adefaultjudgmentmaybeissued against Tracyif shedoesnot filean answerafterbeingserved; E. All of theabove.

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Answer: E

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20. Therecordingof a witness' out-of-court statement, takenunderoathprior to the trial, is called:

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A. Deposition; B. An interrogatory; C. Arequestforadmissions; D. Asubpoena; E. Amotion in limine.

Answer: A 21. When an attorneyis allowed to eliminatea prospectivejurorwithoutgivinga reason, this is called; A. Challengeforcause; B. Specialvenire; C. Processofelimination; D. Peremptory challenge; E. None of theabove.

Answer: D 22. A type of evidencethat allowsthetrier of fact to accept factsthat arecommonknowledgeor subject to certain verification byhighly-reliablesourceswithoutfurtherfactualproofis: A. Testimonial; B. Tangible; C. Direct; D. Judicial notice; E. None of theabove.

Answer: D 23. Thejudgemay--withinlimited circumstances--altera juryverdictunderthedoctrineof: A. Judgment nonobstanteverdicto(j.n.o.v.); B. Replevin; C. Contributorynegligence; D. Resipsaloquitor; E. None of theabove.

Answer: A 24. Bail is designed: A. To keep the rich in jail; B. To allowtherelease of theaccusedpendingtrial; C. To bebasedprimarilyontheassets oftheaccused; D. As aform of punishment; E. BandC. Answer: E 25. Which of the followingarebasicqualifications forawitness?

Test Bank for American Law and Legal Systems, 7th Edition by James

A. Abilityto communicatewiththejudgeand/orjury;

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B. Understandingofthedutyto tellthetruth; C. Personalknowledge ofthefacts; D. All oftheabove; E. None of the above.

Answer: D 26. Which of the following is not hearsay?

A. "Itold theofficerthat Isaw theaccident;" B. "Hepointed to thedefendant at theline-up whenaskedwhocommittedthecrime;" C. "Iknowthat he beatherregularlybecausethechildrentoldme;" D. "Shesaidshescreamedat him,'Pleasedon'thitme anymore;"' E. “Threepeopletold me thatshesaidthat thedefendantwas at fault in theaccident." Answer: A

27. Acaseis deemed"overruled"when: A. Thetrialcourtjudgedoes not followprecedentestablished byappellate courts; B. Acase is appealed; C. It is declaredto havebeenwronglydecided in a subsequentcaseon appeal; D. Judgesfollowprecedent; E. Noneoftheabove.

Answer: C 28. Duringthemurdertrialof Blake,theprosecutionwishestopresenta gunthattheStateclaimsisthemurder weapon. Which of the following is true?

A. HoratioCaine,thecrimesceneinvestigator,musttestifyaboutfindingthegun at thesceneandthe chain of custodyregarding the gun; B. Duringdiscovery,thedefensewouldhavehad an opportunitytoexaminethegunandpertinent reports such as the ballistics test; C. Thedefensecouldseek to excludethe gun because it wasseizedduring an illegal search; D. Samantha,thepotentialjurorwhohadherselfbeenthevictim of a crimeinvolvinga handgun, wouldlikelybeexcluded onachallenge forcause; E. All of theabove.

Answer: E 29. Questions offact aredecidedby: A. Juryin a jurytrial; B. Judgeinabenchtrial; C. Appellatejudges; D. A and B; E. Aand C. Answer: D

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30. When an appellatecourt findsonlyharmlesserror, thecourt:

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A. Sustainsthelowercourt'sdecision; B. Reversesthelowercourt'sdecision; C. Remands the case to the lower court; D. Hears the case en banc E. None of the above Answer: A 31. Which of the following is not one of the elements of hearsay?

A. Testimonybya witness; B. Aboutanout-of-courtstatement; C. Made byhimself or herself; D. That is beingoffered to provethetruth of thematterstated; E. None of theabove.

Answer: C 32. Thetermused to describetheactionwhen an appellatecourtsendsback a case to a lower courtfor further action is: A. Reverse; B. Remittitur; C. Remand; D. Richochet; E. Reconsider.

Answer: C 33. Which of thefollowing is not aform of evidence?

A. Motionin limine, B. Testimonial; C. Tangible; D. Judicial notice; E. None of theabove.

Answer: A 34. Which of the following is not true of a civil case?

A. Either party may request a jury trial; B. Theplaintiffscaseis presentedprior to thedefendant's case; C. Thetrial judge neverdetermines the facts; D. Theverdictis alwaysaspecialissuesverdict; E. Noneoftheabove.

Answer: C 35. Ageneral demurrerinvolves: Test Bank for American Law and Legal Systems, 7th Edition by James

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A. Denyingthe facts purporting to create a cause of action; B. Assertingthat thecomplaint does not state a cause of action;

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C. Pointingoutthetechnicalandproceduraldefectsin thecomplaint; D. Choosingnot torespondtothecomplaintatall; E. None of theabove.

Answer: B 36. Damagesthat areawarded in a civil suit (such as libel) to teachthewrongdoera lesson is called: A. Prisonsentences; B. Generaldamages; C. Compensatorydamages; D. Contributorydamages; E. Punitive damages.

Answer: E 37. A legaldocumentdeveloped bya grandjurythatchargessomeonewithcommittinga violation of the criminal law is: A. Information; B. Indictment; C. Iniquity; D. Interdict; E. Inquisition.

Answer: B 38. Chenslipped on abananapeel at the grocerystoreand sues. He must provehiscase: A. Bya preponderance of theevidence; B. Byclear andconvincingevidence; C. Beyond a reasonable doubt; D. Ipsofacto; E. Exparte.

Answer: A 39. Evidenceintroduced at trials: A. Maybe excludedfor onepurposeand admittedforanother; B. Maybe excluded if it is thefruit of a taintedsearch in a criminalcase; C. Maybeexcludedifthepoliceimproperlyconductedtheinterrogation; D. All of theabove; E. None of theabove.

Answer: D 40. A jurythat cannotagree on a verdict in a casethat requiresa unanimousverdict is said to be: A. Stagnant; B. Impasive; C. Garoted; Test Bank for American Law and Legal Systems, 7th Edition by James

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D. Hung; E. Suspended.

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Answer: D 41. The

of acriminalcaseis determined bythe geographiclocation of acrime.

A. Voirdire, B. Venue; C. Verdict; D. Venire; E. None of theabove.

Answer: B Essay Questions 1. Discuss the purpose of alternate dispute resolution, its advantages and disadvantages, and its various formats.

2. Discuss the process of filing a civil lawsuit from the time of the event through discovery.

3. Discuss a civil lawsuit from the time of discovery through the verdict and enforcing the judgment.

4. Discuss the process of summoning and selecting a jury.

5. Discuss the stages of an appeal.

6. Discuss the appellate procedure at the U.S. Supreme Court and the state appellate courts including, but not limited to, the procedures for selecting and deciding cases and the types of opinions.

7. Discuss discovery including, but not limited to, its purposes and formats.

8. Discuss the criminal process from the time of the event through the arraignment.

9. Discuss the criminal process from the time of arraignment through punishment.

10. Discuss various types of evidence.

11. Define and discuss the Exclusionary Rule and the Rule against Hearsay and the purposes of each.

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CHAPTER FIVE. LIMITATIONS Multiple Choice Questions 1. Limits on thejudicialpowers of courts do not includetherequirementof: A. Anactualcontroversy; B. Jurisdiction; C. Following obiter dictum; D. Supremacy Clause; E. Doctrineofstaredecisis.

Answer: C 2. Thedoctrinethatrequiresa litiganttohavea legalinterest inthesubjectbeinglitigatedbeforebeingable to participate in the lawsuit is: A. Testamentarycapacity; B. Standing; C. Subpoenaducestecum; D. Renvoi; E. None of theabove.

Answer: B 3. Judicialgatekeeping: A. Refersto theresponsibilitiesofthebailiffin admitting people intothecourtroom; B. Is a term used to describe how judges control access to the judicial system; C. Is neverused as a tool bythe courts to avoidcontroversy; D. Is thepowerof a court to reviewactions byotherbranches of government; E. Is atermused to describehowjudgesareselected.

Answer: B 4. Statutesoflimitations: A. Bartheprosecution of lawsuitsfollowinga givenperiod of time; B. Enhancea court's ability to hear aparticular case; C. Causetheforumstate to adoptall of thesisterstate's law in a conflict of lawcase; D. Arefoundonlyin civil law; E. None of theabove.

Answer: A 5. A case or controversythat has evolved to a pointwherejudicialinterventionis needed is said to be: A. Ripe for review; Test Bank for American Law and Legal Systems, 7th Edition by James

B. Moot; C. Apoliticalquestion;

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D. Non-germane; E. None of theabove.

Answer: A 6. Thearea of lawthatdealswiththequestion of whichstatelaw is to be applied in a casethat involves contacts with several states is: A. Civillaw; B. Criminallaw; C. Conflict of laws; D. Maritime law; E. Martiallaw.

Answer: C 7. Assumethat a major hail storm causingmillions of dollars worth of damage struck your hometown.

Your neighbor plans to install a new roof of composition shingles that does not meet the deed restrictions so you sue. A roofing companylocated in a city 100 miles awaywishes to intervene in the litigation. Theinitial hurdle forthe companyis: A. Forumnonconveniens, B. Preclusion; C. StatuteofLimitations; D. Standing; E. None of the above.

Answer: D 8. Thedefinition of ratiodecidendiis: A. Powerof an administrativeagencyto enforcerulespromulgated bythe agency; B. Statementsinajudicialopinionthatareessentialtotheresolutionofthecaseandarebindin g precedent; C. "Friend of the court;" D. “Totellthetruth" in Old French; E. "Iwillnotcontestit."

Answer: B 9. ApersonopposedtothePatientProtectionandAffordableCareActof2010filessuittohavethelawdeclared unconstitutional. Thepersonislikelytoencounteraproblemwith: A. Theripeforreviewdoctrine; B. Theconflictoflawsdoctrine; C. Themootnessdoctrine; D. Thepoliticalquestiondoctrine; E. Thetaxpayersuitdoctrine.

Answer: E 10. Inadiversityofcitizenshipsuitthatwouldallowpartiesfromdifferentstatestofileacivilsuitina U.S.District Court, theamountincontroversymustexceed: A. $7500; Test Bank for American Law and Legal Systems, 7th Edition by James

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B. $100,000;

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C. $750,000; D. $75,000; E. $1,000,000.

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Answer:D 11. Personswhoresideinastateorarephysicallypresentwithintheterritoriallimitsofastatearesaidtobesubjectto: A. conflictoflaws B. mandatoryauthority C. persuasiveauthority D. inremjurisdiction E. inpersonumjurisdiction Answer:E 12. The geographic location of a trial that is determined by constitutional or statutory provisions is A. Venue; B. Jurisdiction; C. Domicile; D. Quasi-in-remjurisdiction; E. Noneoftheabove.

Answer:A 13. Thedoctrinethatholdsjudgesshouldlimitaccesstothecourtsasameansofresolvingeverydisputeinsocietyis: A. Thepoliticalquestiondoctrine; B. Personalservice; C. FullFaithandCredit; D. Judicialactivism; E. Judicialgatekeepin g Answer:E 14. BydeclaringtheissuemootinDeFunisv.OdegaardtheSupremeCourtmerelydelayeddeciding: A. Apoliticalquestion; B. Theabortionquestion; C. Theconstitutionalityofaffirmativeactionprograms; D. ThedetainmentofpersonsatGuantanamoBay; E. Noneoftheabove.

Answer:C 15. Theauthorityofacourttohearacaseandrenderaverdictinthecaseiscalled A. Venue; Test Bank for American Law and Legal Systems, 7th Edition by James

B. Domicile;

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C. Persuasiveauthority; D. Jurisdiction; E. Judicialpower.

Answer:D Essay Questions 1. Discuss the concept of judicial restraint and various tools of judicial gatekeeping.

2. Discuss the concept of jurisdiction and its application.

3. Describe and discuss conflict of laws rules and their importance.

4. Discuss the concept of stare decisis including, but not limited to, ratio decidendi, obiter dictum, mandatory authority, and persuasive authority.

5. Discuss the role of stare decisis in American jurisprudence as well as its implementation.

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45

CHAPTER SIX. CONSTITUTIONAL LAW Multiple Choice Questions 1. The FifthAmendmentDueProcessClauseistothenationalgovernmentas theFourteenth Amendment Due Process Clause is to the: A. President; B. Congress; C. Judiciary; D. States; E. All oftheabove.

Answer: D 2. Accordingto Chief Justice Marshall in Marburyv.Madison,"it is emphaticallytheprovinceand dutyof the to saywhat the law is."

A. Executivebranch; B. Legislativebranch; C. Judicialbranch; D. States; E. Administrators.

Answer: C 3. Theapproach to federalismthat portraysthe two levels of government as antagonisticcompetitorsfor power is: A. Picket-fencefederalism; B. Cooperative federalism; C. Dualfederalism; D. Neo-federalism; E. None of theabove.

Answer: C 4. Judicial review: A. Is theexclusiveright ofthe United States Supreme Court; B. Isthepowerofa courttodeclarenullandvoidactsofthegovernmentthatarecontraryto the Constitution; C. Is not controversial; D. Cannot be exercised by state courts; E. Noneoftheabove.

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46 Answer: B 5. Thedefinitionof "apolitical systemin whichgovernmentalpowersaredividedbetweenacentral governmentandregionaland/orstategovernments"describes: A. Separationofpowers; B. Sovereignty; C. Anarchy; D. Unitarysystem; E. Federalism . Answer: E 6. Thetheorythat the Supreme Courtshoulddecide on a case-by-case basiswhethera particularprovision of the U. S. Constitution should be applied to the states is: A. Assimilation; B. Engulfment; C. Totalincorporation; D. Selectiveincorporation; E. None of theabove.

Answer: D 7. Thetextbookcharacterizestherole of the Supreme Court in interpretingthe Constitutionas: A. Evolutionary; B. Limitedbyself-imposed rules; C. Temporarilysettlingissues; D. All oftheabove; E. None of theabove.

Answer: D 8. Judgeswhotend to interject their ownvaluesintotheirinterpretations of the laware practicing: A. Judicialactivism; B. Judicialrestraint; C. Habeascorpus D. Strictconstruction; E. Originalintent.

Answer: A 9. When youtravelacrossstatelines, you do not have to obtaina newdriverlicensein each state.What constitutionalprovisionprotects the recognition of "publicacts, records, andjudicialproceedingsby every other state?"

A. Full Faithand CreditClauseof Article IV, § 1 of the U.S.Constitution; B. Equal ProtectionClauseofthe FourteenthAmendmentto theU.S. Constitution;

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47 C. Necessary and Proper Clause of the U.S. Constitution; D. SupremacyClauseofU.S. Constitution; E. Noneoftheabove.

Answer: A 10. Which ofthe followingidentifiestheconceptthatstressesthepoliciesandproceduresthat governmentmustobservewhendeprivingsomeone oflife, libertyandproperty?

A. Judicialprocess; B. Inquisitorialprocess; C. DueProcess; D. All oftheabove; E. None of theabove.

Answer: C 11. Which of thefollowingdoesthejudiciaryconsider in equalprotectioncaseswheregovernment is treating people differently?

A. Natureoftheclassification such as suspectclassification; B. Whethertherightinvolved is considered to be a fundamentalright; C. Characterof the government'sinterest in reachingthe goalsuch as compelling or reasonable; D. Alloftheabove; E. None of theabove.

Answer: D 12. In Marburyv. Madison, Chief JusticeJohn Marshallarguedthatthe Constitution: A. CanbealteredbytheLegislature; B. Is thesupremelaw of theland; C. Is subordinated to thewill of thestates; D. All of theabove; E. None of theabove.

Answer: B 13. The First Amendment’sprotectionoffreedom ofspeech: A. Extendsonlytotheexpression ofwordsandideas; B. Protectseveryformofexpression; C. Hasneverbeenlimitedbythe SupremeCourt; D. HasneverbeenappliedagainstthestatesbytheSupremeCourt; E. Extendsto"symbolicspeech"suchasburningaflag.

Answer: E 14. InMarburyv.Madison, A. Marburyreceivedthejudicialappointmentthat hewasseeking;

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48 B. ChiefJusticeMarshalldeniedthat Marburyhadanyright to thejudicialappointment; C. TheSupremeCourtdenied Marburythemandamusthat hesought; D. TheCourtheldthattherewas no conflictbetween Article IIIandthe JudiciaryAct of 1789; E. All of theabove.

Answer: C 15. Theprovisions of the Bill of Rightsrelatingto searchand seizureare foundin: A. TheFirstAmendment; B. TheFourthAmendment; C. The Fifth Amendment; D. TheSixth Amendment; E. The Eighth Amendment.

Answer: B 16. Allpersonsareguaranteed"equalprotection ofthe laws" bythe: A. OriginalwordingoftheConstitution; B. CivilRightsActof1964; C. 42 U.S.C. § 1983; D. UnitedNationsCharter; E. FourteenthAmendment.

Answer: E 17. Thetheoryof constitutionalinterpretationthat is almostformula-likein its application,thatis, thejudge should apply the facts to the fundamental principles and values incorporated by the Founding Fathers in the Constitution is: A. Intrepretivism; B. Nonintrepretivism; C. Originalintent; D. New federalism; E. None of the above.

Answer: C 18. Thepresident'spowerto nominateSupremeCourtjustices is an exampleof: A. Checksandbalances; B. Separationofpowers; C. Executiveprivilege; D. Delegation; E. All of theabove.

Answer: B Essay Questions

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49 1. Discuss the concept of judicial review and its impact on American jurisprudence.

2. Discuss the case of Marbury v. Madison including, but not limited to, its facts and reasoning.

3. Discuss Marbury v. Madison as a landmark decision of the Supreme Court. This should include a discussion of the empowerment of the federal judiciary through the case.

4. Discuss equal protection including, but not limited to, its source, its limitations, and various tests that the court employs in these cases.

5. Define, distinguish, and discuss the various theories about the interpretation of the Constitution.

6. Identify the provisions of the Bill of Rights by amendment.

7. Discuss the concept of limited government.

8. Trace the development of the right to counsel and discuss the right.

9. Discuss issues related to freedom of speech as an example of civil liberties.

10. DiscussthecaseofMarburyv.Madisonincluding,butnot limitedto,its factsandreasoningand its role as a landmark decision.

11. DiscusstheinstitutionoftheUnitedStatesSupremeCourtincludingitsorganization,itsculture,its jurisdiction, and its agenda.

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50 CHAPTER SEVEN. CRIMINAL LAW Multiple Choice Questions 1. Parole: A. Allowstheinmateto receiveconditionalearlyreleasefromprison,providedthat he or shemeetsthe rules established bythe court; B. Allowsconvictedfelonstoremainfreefromincarceration,providedtheyabidebyasetofrules established bythe court; C. Freesconvictsfromprisonwithoutrestriction; D. Removesaconvictionfrom aperson'srecord; E. None of theabove.

Answer: A 2. A degree of knowledge that person must have in order to be convicted of a particular crime, e.g., knowledgethatthe propertywas stolen in orderto be convicted of receivingstolengoods, is knownas: A. Signum; B. Sigla; C. Scienter; D. Sinedie; E. Sich.

Answer: C 3. Which of thefollowingis not atheoryof punishment?

A. Differentcrimesshouldhavedifferent punishments; B. Mutilationis considered an acceptablemodeof punishmentin the United States today; C. Cruelandunusualpunishmentis prohibited bythe EighthAmendment ofthe U.S. Billof Rights; D. Capitalpunishment is reservedforcertaintypes ofmurders; E. Capitalpunishment is not consideredcruelandunusualpunishment bythe courts.

Answer: B 4. Today, procedural rights of juveniles:

A. Are identical to those of adults in criminal proceedings; B. Are most heavily influenced by the doctrine of parens patriae; C. Have been heavily influenced by In re Gault and In re Winship and closely resemble the protections given to adults; D. All of the above; E. None of the above.

Answer: C 5. The landmark case setting forth the warnings that must be given to anyone placed under Test Bank for American Law and Legal Systems, 7th Edition by James

arrest is:

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52 A. Argersingerv.Hamlin; B. Olmsteadv.UnitedStates; C. Malloryv.UnitedStates; D. Mirandav.Arizona; E. Kelo v. City of New London.

Answer: D 6. Items historically subject to seizure by the government in criminal cases are: A. Contraband; B. Fruits of the crime; C. Instrumentalities of the crime; D. All of the above; E. None of the above.

Answer: D 7. Malumin se acts: A. Are primarily civil in nature; B. Are wrong in and of themselves; C. Are wrong only because the law says so; D. All of the above; E. None of the above.

Answer: B 8. Which of the following is not a component that the State must prove to secure a conviction against a defendant?

A. Identity of the perpetrator; B. Location of the crime because that fixes venue; C. Elements of the crime including mensrea and actus reus in most situations; D. Causation; E. None of the above.

Answer: E

9. A criminal statute must: A. Not violateprohibitionagainstbills of attainder; B. Be writtenin sucha way as to givefairandadequatenoticeof theforbiddenconduct; C. Specifya precisestandardofconduct in termsof resultsthat can reasonablybe expected; D. Alloftheabove; E. None of theabove.

Answer: D 10. Aperson'sresponsibilityforacrimemaydepend on: A. Her age; B. Hermentalstate; Test Bank for American Law and Legal Systems, 7th Edition by James

C. Herdegreeofinvolvement; D. All oftheabove;

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E. None of theabove.

Answer: D 11. Theprotectionsoffered to thoseaccused of crime: A. Areprotectedonlybythenationalgovernment; B. Arethesoleresponsibilityofstategovernments; C. ArefoundinprovisionsofboththeU.S.Constitutionandstateconstitutions; D. Arefoundprimarilyincitycharters; E. None of the above.

Answer: C 12. Which of thefollowingdoes not describelimitations on thestate'spower to regulateconduct?

A. U.S.Constitution; B. Principleoflimited government; C. Enhancedprotection of First Amendmentrights; D. Stateconstitutions; E. None of the above.

Answer: E 13. Which of thefollowing is amajorsource of criminal lawtoday?

A. Statutes; B. Constitutions; C. Commonlaw; D. Regulations; E. None of theabove.

Answer: A 14. Underthe Fourth Amendment, thebasiccriterionfora policeofficer in conductinga search or making an arrestis: A. Reasonablesuspicionthatthepersonhasengaged in unlawfulactivity; B. Ahunch becausetheperson looks sleazy; C. Probablecausebased on a set ofobjectivefactsthat thepersonhasengagedin unlawful activity; D. Preponderanceoftheevidence; E. None of theabove.

Answer: C 15. Probation,oftenknown as communitysupervision, is: A. An earlyreleasefromprisonunderspecifiedterms; B. Suspension ofsentenceundercertainconditionsforaconvicteddefendant; C. Invariablygrantedforseriousviolentcrimes; D. All oftheabove; E. Noneoftheabove.

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Answer: B

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16. In Susannah'strial forthemurder of hermother, which of the followingmustthe Stateprovein orderto obtain a conviction?

A. B. C. D. E.

Themensrea of "intentionallyandknowingly;" Hermotiveofinheritingher mother'spricelesscollection of Waterfordcrystal; Theactusreus oftakingahumanlife; A and B; B and C.

Answer: E 17. Oncea criminalstatuteis enactedbythelegislature, it is subject to interpretationby: A. Individualofficer; B. DistrictAttorney'sOffice; C. Trialandappellatecourts; D. Alloftheabove; E. Noneoftheabove; Answer: D 18. Theexclusionaryrule: A. Providesthatevidenceobtained in violationof a person'sconstitutionalrightsbypolicemust be excluded in criminal trials; B. Is triggeredwhena personis excludedfromparticipatingin a governmentalbenefit; C. Is intended to deterimproperpoliceconduct in searches, seizures, andinterrogations; D. AandB; E. A and C. Answer: E 19. The

of acase is determined bythe geographicallocation of acrime.

A. Volfare; B. Verdict; C. Venue; D. Venire; E. Volition.

Answer: C 20. Forms of actusreus include: A. Positiveacts; B. Omissions; C. Possession; D. All of the above; E. None of the above.

Answer: D Test Bank for American Law and Legal Systems, 7th Edition by James

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21. Which of the following accurately describes the criminal justice system in the United

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States?

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A. Adversarial in nature; B. Concerned as much with procedural aspects of the process as with the substance; C. Political reflection of society's values; D. All of the above; E. None of the above.

Answer: D 22. Criminal statutes: A. Must show a compelling need to regulate conduct; B. Must not be written in a vague manner; C. Must provide adequate warning of the prohibited behavior; D. Cannot be retroactive; E. All of the above.

Answer: E 23. Thesameact, causingthedeathof an individual,mayresultinthedefendantbeingchargedwith different offenses depending on the: A. Typeofinstrumentalityused; B. Publicreactiontothecrime; C. Mentalstateormensrea oftheactor; D. Motive; E. All of theabove.

Answer: C Essay Questions 1. Discuss the enactment of criminal statutes and the limitations on the power of the government to criminalize behavior.

2. “Criminal law is political.” Discuss various reasons why that statement is made.

3. Identify and discuss the various elements that may be necessary to the proof of a crime.

4. The crime of homicide involves both actus reus and mens rea. Discuss the statutory scheme in your state that involves different degrees of mental fault and the effect of that system.

5. Discuss the concept of criminal responsibility. Be specific in describing various aspects of criminal responsibility.

6. Discuss inchoate crimes.

7. There are a variety of legal defenses and justifications available to excuse or ameliorate criminal responsibility. Discuss these including the distinction between a Test Bank for American Law and Legal Systems, 7th Edition by James

defense and an affirmative defense.

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60 8. Discuss the juvenile justice system.

9. Discuss the enactment of criminal statutes and the limitations on the power of government to criminalize behavior and the interpretation.

10. Identify and discuss the various elements that may be necessary to the proof of a crime including the different degrees of mental fault under the statute in your state.

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61 CHAPTER EIGHT. ADMINISTRATIVE LAW Multiple Choice Questions 1. Jenniferservedinthemilitaryin Iraq.TheDepartmentof Veterans Affairshasstoppedherbenefitssolely becauseshehasbecomea highly-visibleopponent of thewar in civilianlife. She A. Is precluded bystatute from havingthedecisionreviewed bythe courts; B. Is entitled to a hearingon thematterbecausea statutecannotprecludejudicial review of an administrativedecisionwhena constitutionalright(here, the FirstAmendment) is at stake; C. Is subjectto theprimaryjurisdictiondoctrine; D. Aand B; E. A and C. Answer: B 2. Whichof thefollowingcontributed tothe growth ofadministrative government?

A. Needforadministrativeexpertise; B. Needforenhancedefficiency; C. Needtoprevent arbitraryandcapriciousaction ofgovernment officials; D. All of theabove; E. None of theabove.

Answer: D 3. Which of thefollowing is part of due process?

A. Rulesareto be appliedfairlyto everyone; B. Rulesare to be announced in advance; C. Rulesthemselvesmust be fair; D. Theprocedurebywhichtherulesarepassedmust be fair; E. All of theabove.

Answer: E 4. Before the Office of the State Chemist (a state agency) may adopt rules regulating the content of pet food, the rules of administrative procedure require that: A. The proposed rules are published in advance of their consideration; B. Interested parties are allowed to comment either orally or in writing as to the contents; C. Any decision on the rules is based on the findings of "the whole record;" D. All of the above; E. None of the above.

Answer: D 5. In reviewing administrative decisions, courts: Test Bank for American Law and Legal Systems, 7th Edition by James

A. Generally require that the litigants have exhausted their administrative remedies before moving into the court system; B. Often defer to the expertise of those within administrative agencies as to the technical

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findings; C. Frequently focus of fairness in the adoption, enforcement, and adjudication of the rules; D. All of the above; E. None of the above.

Answer: D 6. Buffy, a universitystudent, is unhappywith the disciplinaryaction taken against her by the university administrationthat resulted in theloss of herscholarship.Shewishes to immediatelyfilesuit againstthe university administrators in federal district court. Which of the following doctrines will most affect her lawsuit?

A. Primaryjurisdictiondoctrine; B. Standing; C. Exhaustionofstateandadministrativeremediesdoctrine; D. Alloftheabove; E. None of theabove.

Answer: C 7. Thelegaltermforthemaximthat "a delegatecannotdelegate" is: A. Delegatusnonpotestdelegare, B. Delectus personae; C. Demurrage; D. Demonetize; E. Dationenpaiment.

Answer: A 8. You areplanning to travel from your hometown to Savannahby air. Whilewaitingto board the plane, you are told that there will be a short delay (that turns out to be rather lengthy). You later read in the newspaperthattheoriginal crew members were not permitted to flybecause theyhad spent the morning drinking in the bar. This is an example of: A. Rulemaking; B. Rule enforcement; C. Adjudication; D. Ultravires, E. Noneoftheabove.

Answer: B 9. Themainpurposeof administrativelawis: A. Topreventadministratorsfrombeingarbitrary; B. Tobestowbenefitsonpeople; C. To relieve Congress ofthe burden of dealingwithminordetails; D. To increase thepower of theexecutivebranch; Test Bank for American Law and Legal Systems, 7th Edition by James

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E. All of theabove,

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Answer: A 10. Underthe UnitedStates Constitution,allsovereigntyultimatelyresides in thepeopleandlawmaking authority is vested in Congress. Thetheorythatcircumventsthosepowersandpermitstheadministrative agendas to enact rules and regulations is known as the: A. Agencytheory; B. Deciduoustheory; C. Decalogue; D. Delegationtheory; E. Noneoftheabove.

Answer: D

11. Wang is appealingthedecisionthat he is not eligiblefor supplementalsecurityincome.

A. The Social SecurityAdministrationmayadvisehim on Tuesdaymorning of thehearingthat afternoon; B. Heisnot entitledto havehisdoctortestifyor tohavethedoctor'srecordsconsideredbythehearing officer; C. He is entitled to disclosure of opposing evidence; D. He is not entitled to have an impartial hearingofficer; E. Theadministrativelawjudge is required to give Wangonlyan oral reportof her findings.

Answer: C 12. The case of Goldbergv.Kellyis a landmarkdecision that relates to: A. Establishment Clause; B. DueProcessClause; C. Symbolicspeech; D. All of the above; E. None of theabove.

Answer: B 13. "Ultra vires" in administrative law means: A. That the agency is acting within the scope of its authority; B. That the agency is attempting to exercise powers outside its authority; C. That the agency is engaging in adjudication; D. A and B; E. Band C. Answer: B 14. Administrative adjudications: A. Are quasi-judicial in nature and must meet certain elements of due process; B. Often occur when an individual or business is disgruntled with the application of an agency's rules; C. Are exceedingly rare; Test Bank for American Law and Legal Systems, 7th Edition by James

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D. AandB; E. A and C.

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67 Answer: D 15. Thedecision of an administrativetribunal: A. Must be based on therecord; B. Must contain an explanation ofthe basisforthedecision; C. Mustbein writing; D. Must be conveyed to theparties; E. All of theabove.

Answer: E 16. Federalagenciesarerequiredto fileenvironmentalimpactstatementsunderthe: A. NationalClean Air Act; B. NationalEnvironmentalPolicyActof1969; C. HistoricSites,Buildings,andAntiquitiesAct; D. EndangeredSpeciesAct; E. None of the above.

Answer: B Essay Questions 1. Define and discuss the delegation theory.

2. Identify and discuss limitations on administrative agencies.

3. Describe the interaction between agencies and the Fourth Amendment as an example of the interplay between these agencies and the Constitution.

4. Discuss the case of Goldberg v. Kelly and its impact on administrative procedures.

5. Identify, discuss, and give examples of each of the Goldberg ingredients.

6. Discuss judicial review of administrative agencies including areas of judicial gate keeping. Give examples.

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CHAPTER NINE. ENVIRONMENTAL LAW Multiple Choice Questions 1. Theunderlyingphilosophyof environmentallawis: A. Governmenthasunlimitedpowerandauthorityandmayregulateat will; B. Privateownershipinterestswillalwaysprevail; C. Rightsofpropertyowners cannot beprotectedbytheConstitution; D. Publicgoodmaytakeprecedentovertherights of individualpropertyowners; E. All of theabove.

Answer: D 2. Eminent domain under the Fifth Amendment: A. Provides for just compensation of a private landowner for property seized for public purposes such as economic development; B. Is always exercised without controversy; C. May result in a jury trial to determine fair market value of the property; D. A and B; E. A and C. Answer: E 3. Echinacea laevigata or the smooth coneflower, an endangered plant species, was found in one acre of Lucy's 140 acres of timberland. She is prevented from cutting any of the timber on the tract and files a lawsuit based on: A. Standing; B. The Takings Clauseof the Fifth Amendment; C. Thetreatypower ofthenational government; D. Nuisance; E. All of theabove.

Answer: B 4. Accordingto thetext, which of thefollowingis a controversialaspect of the Endangered Species Act? A. Inclusion ofplants andanimals onthelist; B. Removal ofplantsandanimalsformthelist; C. Interferencewitheconomicandotherdevelopmentbecauseof theprotection of certain species; D. All of the above; Test Bank for American Law and Legal Systems, 7th Edition by James

E. None of theabove.

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Answer: D 5. Youwish to opena pet-groomingbusiness in yourhome. This is in an area of single-familydwellings.

You must obtain permission from the Citybecause of: A. Sectorplanning; B. Zoning; C. Eminentdomain; D. Covenants; E. All of theabove.

Answer: B 6. Internationally-renowned artist, Georgia O'Keefe, taught at West Texas A&MUniversity. Efforts to preventthecurrentowner of theboardinghousewheresheresidedfromaltering or destroyingthe property: A. Willfailbecause of thepropertyowner'sabsolutepropertyinterests; B. Willprimarilyfocus on theeconomicbenefit to theowner; C. Maybesuccessfulbecausethestatemayuseitspolicepowersto providea publicbenefitsuch as historic preservation; D. Will besuccessful because of thetheoryof easement; E. Noneoftheabove.

Answer: C 7. In environmentallaw, which of thefollowing is mostfrequentlythedeterminativefactor in initiating litigation?

A. Standingoftheplaintiffs to bringthechallenge; B. Powerof governmenttoissueregulations; C. Availableremedies; D. Effortsofdefendants tomitigatethedamagessuffered; E. Noneoftheabove.

Answer: A 8. Thetype of legal injurythat occurswhena landowneruseshis or herownpropertyin a waythat interfereswithanother'suse or enjoyment of his or herpropertyis: A. An aggravation; B. Eminentdomain; C. Anapocalypse; D. Anuisance; E. Adversepossession.

Answer: D 9. The keeping of a bawdy house or storing explosives on private property is classified as: A. A public nuisance; Test Bank for American Law and Legal Systems, 7th Edition by James

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B. A private nuisance; C. Eminent domain;

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D. An issue of zoning; E. None of the above.

Answer: A 10. From a constitutional standpoint, the power of Congress to regulate matters relating to the regulation of the environment comes under: A. The Taxing Power; B. The Spending Power; C. The Commerce Power; D. The War Power; E. None of the above.

Answer: C 11. A major part of the National Environmental Protection Act was the requirement that prior to the start of a major government project there had to be: A. Probable cause to believe that injury to the environment would be serious; B. An environmental impact study to determine the possible effects on the environment; C. Some assurance that no one’s property rights would be affected; D. A cost/benefit analysis to make sure the benefits outweigh the cost; E. None of the above.

Answer: B 12. Which of the following is true under the Clean Air Act? A. Fines up to $25,000 a day may be imposed for major violations of the Act; B. The EPA is virtually powerless to enforce violations of the Act; C. Fines imposed by the EPA must be approved by the state environmental agency where the violation occurs; D. The maximum fine that may be imposed by EPA is $2500; E. None of the above.

Answer: A 13. The criticism that the Endangered Species Act is “over-inclusive” means that the law: A. Makes it almost impossible to protect endangered species; B. Does not go far enough to protect certain species of plants and animals; C. Makes it too easy to include species that are not really endangered; D. Does not protect plants and animals on private property; E. None of the above.

Answer: C 14. Which of the following is true concerning the “takings clause” of the U.S. Constitution?

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A. If a state makes a formerly legal activity (beer making) illegal, there is no taking under the Constitution;

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B. For a taking to occur, in most cases the government must take possession of the property.

C. The constitutional name for a “taking” is eminent domain; D. If a true taking occurs, the property owner must receive just compensation; E. All the above.

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Answer: E 15. Which of the following is true regarding Kelo v. City of New London?

A. Susette Kelo was allowed to stay in her home in its original location; B. The Pfizer Company built their project and the city of New London was economically revived; C. Reaction to the decision was widespread approval; D. In the aftermath of the decisions, many states revised their laws regarding eminent domain; E. All the above.

Answer: D Essay Questions 1. Identify and discuss the common law roots of environmental law.

2. Discuss the constitutional authority to regulate the environment.

3. Discuss the nexus between Due Process Clauses of the Fifth and Fourteenth Amendments and environmental regulation.

4. Discuss the legislative acts that represent the centerpieces of the nation's environmental policy and the issues in their application.

5. Discuss the issue of government "taking" property regarding diminution of value, zoning, historic preservation, and other issues of land use.

6. Identify and discuss various goals and the means by which government regulates the environment.

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75 CHAPTER TEN. TORTS Multiple Choice Questions 1. Shakiraslipson a grapeat thegrocerystore,suffersinjuries,andis nowsuing.Whichof thefollowing is the appropriate theoryof recovery?

A. Breach of warranty; B. Negligence; C. Product liability; D. Intentional tort; E. None of the above.

Answer: B 2. Mariawasdrivinga Ford Pintowhenthe car wasinvolved in a minortrafficaccident.

Thegastank exploded, and she was severelyburned. She may: A. Receivedamagesforthefearandapprehensionthata bystandersuffered as a result of theaccident.

B. Filea tortactionforproductliabilityagainstthemanufacturer, Ford Motor Company C. Filea contractactionforbreach of warrantyof merchantabilityagainstherautomobiledealer; D. AandC; E. Band C.

Answer: E 3. A universityfootballcoachhasbeenaccused of mistreatment of a student. He deniesthewell-publicized chargesandfiles a civil lawsuitagainstvariousnewsagencies. Which of thefollowingare defensesthat are likelyto be utilized?

A. Truth; B. Unfaircompetition; C. That he is apublicfigureandmustshowactualmalicein orderto recover; D. A and B; E. Aand C. Answer: E 4. A state statute requires that innkeepers must provide certain types of locks on room doors as well as information regarding hotel security to each customer. The Bates Motel failed to do so, and Marian Crane was attacked in the shower. Which of the following theories of recovery would be appropriate in her litigation against the Motel?

A. Intentional tort; B. Product liability; C. Respondeatsuperior, D. Negligence per se; E. All of the above.

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Answer: D

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5. Cassandra is the well-known architect who designed the world-renowned Palo Duro Opera House. The roof of the building collapses, injuring scores of people. Cassandra: A. Owes a duty of ordinary care in designing the building; B. Is held to a higher standard of care in her building designs that a weekend carpenter would be in building an addition to her home; C. Would be held to the same standard of care as a geologist would be in designing the building; D. A and B; E. A and C. Answer: B 6. Tortlawallowsrecoveryforinterferencewithwhich of thefollowinginterests?

A. Yourbodyif you arebattered; B. Yourreputation ifsomeoneslanders you; C. Yourrelationship to yourspouseforalienation ofaffection; D. Yourbusinessinterestsfromunfaircompetition; E. All of theabove.

Answer: E 7. Strictliabilityabrogatestheusualrequirement of aprerequisiteforrecoveryundertortlaw.

as

A. Equity; B. Foundation; C. Fault; D. Garnishment; E. None of theabove.

Answer: C 8. Caleb is stabbedduringa barroombrawlby Zachariah. Theinjuryis seriousbut not lifethreatening. Duringsurgeryat thehospitalwherethereis medicalmalpractice, Calebdies.Caleb'sfamilyfileswrongful death suits against Zachariah, the hospital and the doctor.

Zachariah's most successful defense will probablybe: A. ThatCalebconsentedtotheattack; B. That Zachariah'sactionwas not theproximatecauseofCaleb'sdeathandthatthedoctor's interveningactions removed liabilityfrom him; C. Thatthedoctorhasmoremoneythan Zachariahandtheonewithdeeperpocketsshould be held solelyliable; D. ThatCalebwasknown to beatroublemaker; E. All of theabove.

Answer: B 9. In negligencecases, the actions of the tortfeasoraremeasuredbywhichstandard?

A. Whether,underthecircumstancesofthecase,theactoractedasa"reasonablyprudentpersonof Test Bank for American Law and Legal Systems, 7th Edition by James

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ordinaryintelligence” would act; B. Whether,underthecircumstancesofthecase,theactorconsciouslydisregardeda substantialand unjustifiable risk;

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C. Whether,underthecircumstances,theactoroughttohavebeenawareofa substantialand unjustifiable risk; D. Whethertheactorhadaconsciousobjectiveto causetheresult; E. Noneoftheabove.

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Answer: A 10. Thedoctrinethat "thethingspeaksforitself” that is employed in tort casesareknownas: A. Resgestae; B. Resipsaloquitor; C. Res judicata; D. Resuniversitatis; E. Noneoftheabove.

Answer: B 11. McCoy is injured by a defective lawnmower. Under what theories of recovery may he sue to recover damages?

A. Implied warranty of merchantability; B. Product liability; C. Implied warranty of fitness; D. All of the above; E. None of the above.

Answer: D 12. The textbook characterizes tort law as: A. Stable; B. Fluid; C. Atrophied; D. Fossilized; E. Anachronism.

Answer: B 13. Richardlefthis textbookbythosenotedauthors,Calviand Coleman,on thetablein the Student Union Building in hiseagerness to get to his Introduction to Law class. When he returned to get the book, it was gone. The tortfeasor has committed.

A. Conversion; B. Trespass to chattel; C. Nuisance; D. Robbery; E. Burglary.

Answer: A 14. Which of the following is correct?

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A. Rowe, a professional hockey player, is battered when he is slammed into the boards by an opponent during a game;

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B. Rowe is assaulted when the opponent swings his hockey stick near Rowe's head but does not actually touch Rowe; C. The opponent's defense in a civil lawsuit filed by Rowe for the torts is that Rowe consented to both by playing professional hockey; D. All of the above; E. None of the above.

Answer: D

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15. While attending a hockey game, you are injured by a flying puck and sue the hockey club.

The team’s most likely defense is:

A. Voluntary assumption of the risk; B. Respondeatsuperior, C. Negligence per se; D. Resipsaloquitor; E. All of the above.

Answer: A 16. Theplaintiffmustprovewhich of thefollowingwhen sheallegesnegligence as the theoryof recovery?

A. Damages; B. Breachofduty; C. Proximatecause; D. Duty; E. All of theabove.

Answer: E 17. Youarerepresentingthe estateand survivingfamilyof a murdervictimwho wasa prominentbanker.

The forensic pathologist’s report that there was cocaine present in the victim's blood was widely reported by the media. That report has now been discredited. In your multi-million dollar lawsuit, what types of relief are appropriate?

A. Damages for the mental anguish of the victim's family; B. Damages for invasion of privacy; C. Damages for negligence in conducting the autopsy; D. Compensation for the costs of the exhumation and in filing the litigation; E. All of the above.

Answer: E 18. The type of legal injury that occurs when a landowner uses his or her own property in a way that interferes with another's use or enjoyment of his or her property is: A. An aggravation; B. Eminent domain; C. An annoyance; D. A nuisance; Test Bank for American Law and Legal Systems, 7th Edition by James

E. Adverse possession.

Answer: D

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83 19. The jury found Mohammed, the plaintiff, was partially at fault in the accident. His award of $10,000.00 recognized that he was 10 percent at fault. This is an example of the theory of: A. Comparative negligence; B. Contributory negligence; C. Resipsaloquitor; D. Non pro bono; E. All of the above.

Answer: A 20. Which of the following is not a theory of recovery in tort law?

A. Negligence; B. Strict liability; C. Intentional torts; D. Breach of warranty; E. Product liability.

Answer: D 21. Which ofthe followingis abusiness-relatedtort?

A. Yourlocalprofessionalfootballteamopensnegotiationswith Peyton Manningto persuadehim to abandonhis$98,000,000contractwiththe Indianapolis Colts to cometo playforthem; B. Auniversitypresidentfiresawhistleblowerforadvisingthecriminaldstrictattorneyofthepresident' s malfeasance; C. Anewsoftdrinkcompanyismarketingitsproduct,"Goca-Cola,"inared canwithwhitewaves runninghorizontallyand the namein script; D. AcorporationretainsRichardRoetoburglarizethehomeoftheC.E.O.'sleadingfoeinordert o obtaindamagingmaterial; E. All oftheabove.

Answer: E Essay Questions 1. Identify and discuss various types of interests protected by tort law.

2. Identify and discuss the elements of a prima facie case of negligence.

3.

Identify and discuss various types of injuries for which the plaintiff might recover damages.

4.

Discuss strict liability torts.

5. Discuss immunity as protection in litigation.

6. Identify and discuss the various types of interests protected by tort law as well as the various theories of tort with specific examples.

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CHAPTER ELEVEN. CONTRACTS Multiple Choice Questions 1. 1. Following throat surgery, Julie Andrews lost her five-octave singing voice. Because of her illness, she was able to withdraw from her singing contracts without penalty but not her acting or directing contracts. This defense of breach of contract is known as: A. Refraction; B. Repudiation; C. Recapitulation; D. Renascence; E. Redaction.

Answer: B 2. Which of the following is not correct about the Uniform Commercial Code?

A. The Code primarily governs real estate transactions; B. The Code provisions are originally drafted by the National Conference of Commissioners on Uniform State Laws but may be modified by state legislatures as they consider the provisions; C. That the average consumer may obtain protection under the Code because of the warranty provisions; D. That the Code is silent on rememdies for breaches of contracts covered therein; E. None of the above.

Answer: A 3. Which of the following is not correctly matched?

A. Punitive damages are designed to punish malicious wrongdoers; B. Compensatory damages are designed to put the aggrieved party in the economic position that she would have been in had the contract been completed; C. Specific performance is an equitable remedy that is particularly appropriate when the subject of the contract is unique; D. Promissory estoppels is an appropriate remedy when the promisor has substantially changed positions in reliance on the gratuitous promise of the promisor; E. None of the above.

Answer: E 4. The Black Eyed Peas have agreed to appear at your university for the sum of $5,000,000; however, a Dallas promoter offers $100,000,000 for a performance on the same night. When the band accepts the Dallas offer, the university sponsor files for breach of contract. Which legal remedies would be appropriate?

A. Restitution; Test Bank for American Law and Legal Systems, 7th Edition by James

85 B. Specific performance to force The Black Eyed Peas to appear on your campus; C. Prohibition; D. Injunction to prevent the band from performing that evening in any location; E. All of the above.

Answer: D 5. George recently found a painting in his grandmother's attic. Being untrained about art, he had the piece appraised by the renowned art auction house, Sotheby's of London, which verified it as a lost Monet. George agrees to sell it to you for $30,000,000. It now develops that the painting is a forgery. The contract is voidable because of: A. Duress; B. Innocent misrepresentation; C. Fraud; D. Undue influence; E. None of the above.

Answer: B 6. Peter is a renowned artist who has been commissioned to produce a portrait of the Chief Justice of the United States. Peter's business is a: A. Partnership; B. Sole proprietorship; C. Corporation; D. Subschapter S corporation; E. None of the above.

Answer: B 7. Which of the following is a requirement for a valid contract?

A. Offer and acceptance; B. Consideration; C. Capacity of parties; D. Does not contravene public policy; E. All of the above.

Answer: E 8. Consideration for contracts: A. Must be cast in monetary terms for a valid contract; B. Can be a mutual exchange of promises; C. Can be an exchange of detriments; D. A and C; E. B and C.

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86 Answer: E 9. Ruth cared for her husband during his illness (Alzheimer's) and was treated for depression herself by a psychiatrist. During all of this, her most trusted financial advisor was her accountant, Dewey Cheatum. Three months after her husband's death, Ruth conveyed property valued at $500,000 to Dewey for the sum of $10. Under what theory would Ruth seek to cancel the property transfer?

A. Misrepresentation; B. Duress; C. Fraud; D. Undue influence; E. Misunderstanding.

Answer: D 10. Bubba's Motors advertises 2011 Jaguars for the sum of $100.00 in the Daily Disappointment, the local newspaper. This advertisement is: A. A contract to sell you the vehicle at that price; B. A formal offer; C. Merely a solicitation for offer; D. An example of estoppel; E. All of the above.

Answer: C 11. The present transfer of a contractual interest to a third party is: A. Assurance; B. Arbalest; C. Acceptance; D. Assent; E. Assignment.

Answer: E 12. Ricardo and Miriam entered into an oral agreement that Ricardo will sell Miriam's company the land on which to build a shopping center for $100,000,000. The agreement: A. Is a valid contract because there is genuine assent; B. Is a valid contract because it is supported by consideration; C. Is a valid contact because it is not for illegal purposes; D. Is a valid contract because it is between competent parties; E. Is not a valid contract because it violates the Statute of Frauds.

Answer: E Test Bank for American Law and Legal Systems, 7th Edition by James

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13. The rule that a person cannot use evidence of oral statements made before or at the time the contract was signed to alter the written terms is: A. Statute of Frauds; B. Parol Evidence Rule; C. Respondent superior, D. Specific performance; E. Exculpatory Clause.

Answer: B 14. Abby enters into an agreement to purchase the helmet worn by Jimmie Johnson in the race when he won his fifth-straight NASCAR Championship. She discovers that the helmet was actually worn in a different race. The appropriate legal remedy is: A. Acquiescence in the substitution; B. Promissory estoppels; C. Punitive damages; D. Specific performance; E. There is no legal remedy.

Answer: D 15. The primary purpose of contract law is: A. To protect those who injudiciously enter into contracts; B. To provide certainty and stability in business transactions; C. To provide a means for enforcement of illegal transactions; D. All of the above; E. None of the above.

Answer: B 16. An offer terminates: A. When either the offeror or the offeree dies; B. When a counteroffer is substituted; C. By rejection in the specified manner; D. By withdrawal of the offeror; E. All of the above.

Answer: E 17. Which of the following constitutes consideration?

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88 A. Sherri does something she is not already legally obligated to do; B. Sherri promises to do something she was not already obligated to do; C. Sherri refrains from doing something she legally could have done; D. Sherri promises to refrain from doing something she legally could have done; E. All of the above.

Answer: E 18. According to the text, the freedom to contract: A. Is absolute; B. Is protected under the U.S. Constitution; C. Is increasingly being limited by courts, administrative agencies, and legislative bodies; D. A and B; E. B and C. Answer: E Essay Questions 1. Define a contract and discuss the required elements of a valid contract.

2. Distinguish between an offer and a solicitation to offer.

3. Discuss the conditions under which an offer terminates.

4. Discuss assent and the various factors that may destroy the reality of the consent.

5. Define capacity and the effect of minority on contracts.

6. Identify the types of contracts that the Statute of Frauds affects and its effect.

7. Discuss a breach of contract and remedies for the breach of contract.

8. Identify and discuss various rules of contract interpretation.

9. Discuss warranties, especially those found in the Uniform Commercial Code.

10. Identify and discuss various types of business relations including, but not limited to, ownership interests, liability and tax issues.

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89 CHAPTER TWELVE. PROPERTY CHAPTER TEST QUESTIONS Multiple Choice Questions.

1. Community property is property acquired: A. By inheritance; B. During marriage through earnings of either spouse; C. Before marriage; D. By gift; E. By divorce.

Answer: B 2. Which of the following most needs a will?

A. A 25-year-old single parent who is attending college; B. A 40-year-old executive with no family who earns $40,000 a year; C. A 65-year-old retiree whose only asset is a $1,000,000 life insurance policy; D. A 14-year-old who has no assets but plans to set a record by sailing around the world alone; E. None of the above.

Answer: A 3. Internationally-renowned artist, Georgia O'Keefe, taught at West Texas A&M University.

Efforts to prevent the owner of the building where she resided from altering or destroying the property: A. Will fail because of the owner's absolute property interests; B. Will primarily focus on the economic benefit to the landowner; C. May be successful because the state may use its police power to provide a public benefit; D. Will be successful because of the theory of easement; E. None of the above.

Answer: C 4. Which of the following is not correct about a life estate?

A. The life tenant can sell the property without consulting anyone; B. Is created by such language as "To Sue for her lifetime, then to my nieces and nephews;" C. The life tenant is entitled to the income and profits; D. The life tenancy may also be created in surviving spouses by statute; E. None of the above.

Answer: A

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5. Jessica and Jennifer have been neighbors for ten years. Five years ago, Jessica built a swimming pool on her lot. The lots have been surveyed again, and it now appears that the swimming pool is actually on Jennifer's land. Jessica may claim the pool under the doctrine of: A. Eminent domain; B. License; C. Easement; D. Adverse possession; E. None of the above.

Answer: D 6. The origin of the legal protection of intellectual property is often attributed to which craft?

A. The Goldsmiths Guild of London; B. The Pepperers Guild of York; C. The Glassmakers of Venice; D. The Weavers of Amsterdam; E. The Card makers of Paris.

Answer: C 7. A written declaration of a person's wishes regarding the distribution of her property after death is: A. Will; B. Codicil; C. Trust; D. Power of attorney; E. Agency agreement.

Answer: A 8. Carl Perkins composed and recorded "Blue Suede Shoes" in 1956, the same year that The King (Elvis Presley) released the song. Unless someone is paying royalties, you are violating when you download the music.

A. Patent law; B. Trademark law; C. Copyright law D. Promissory estoppels E. Napster Act Answer: C 9. According to the textbook, which cartoon character prompted the extension of copyright protections in the United States?

Test Bank for American Law and Legal Systems, 7th Edition by James

91 A. SpongeBob Square Pants; B. Mickey Mouse; C. Marmaduke; D. Dagwood; E. Daffy Duck.

Answer: B 10. Which of the following usually is not part of a sale of a residence?

A. Promissory note to the bank; B. Deed of trust recording the creditor's interest; C. Warranty deed; D. Reservation of riparian rights; E. None of the above.

Answer: D 11. When a creditor has a legally-protected interest in real or tangible property, this is called a: A. Promissory note; B. Lien; C. Fee simple estate; D. Leasehold estate; E. Corpus.

Answer: B 12. Which of the following is not a method of acquiring title to property?

A. By foreclosure of judgment or for nonpayment of debt; B. By deed; C. By gift; D. By adverse possession; E. None of the above.

Answer: E 13. Norma decides that the title to her ranch should pass only in the female line. Her conveyance would be: A. A fee simple absolute; B. "To my daughter, Sherri, her heirs and assigns;" C. An example of primogeniture; D. "To my daughter, Sherri, and the female heirs of her body;" E. None of the above.

Answer: D

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92 14. The terminology for the right to use another's land is: A. Easement; B. Covenant; C. Fee simple; D. Eminent domain; E. None of the above.

Answer: A 15. Charlotte opted not to attend class and failed all her courses. Her parents are understandably upset and have decided to alter the provisions relating to her in their wills while keeping the remainder of the provisions the same. These amendments are known as a: A. Codicil; B. Holographic will; C. Nuncupative will; D. Trust; E. None of the above.

Answer: A 16. Grandpa voluntarily transfers title to his 2011 flaming red Corvette to you. This is known as: A. Trust; B. Seisin; C. Testamentary transfer; D. Gift; E. Intestate transfer.

Answer: D 17. To recoup their costs in the development of plants such as lupinus texensis, a/k/a the "maroon bluebonnet" and Beta Sweet carrots, a/k/a the "maroon carrot," scientists and their sponsors usually file: A. Patents; B. Trademarks; C. Copyrights; D. Restrictive covenants; E. None of the above.

Answer: A 18. Keisha's grandfather has created a trust for the benefit of the grandchildren: A. He may limit access to the funds by requiring that the money only be expended for their education; B. He may extend the terms of the trust into perpetuity; C. He may not protect the money from her creditors since Keisha is a known spendthrift;

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93 D. He may not act as co-trustee of the funds himself; E. All of the above.

Answer: A 19. You wish to open a daycare center in your home. This is an area of single-family dwellings, not a commercial area. You must obtain permission from the City because of: A. Sector planning; B. Zoning; C. Eminent domain; D. Covenants; E. All of the above.

Answer: B 20. Jorge, who is very wealthy, wishes to provide financial protection for his elderly mother and his children in the event of his death. His will is likely to: A. Contain a clause giving his mother a life estate in his property and naming the children as remaindermen; B. Contain a clause setting up a trust from which both his mother and the children could draw for support and maintenance; C. Contain a clause transferring his property to his brother, in trust, with his mother to receive the income from the property during her lifetime and with his children receiving the corpus following her death; D. Any of the above; E. None of the above.

Answer: D 21. Creighton wishes to give the family cemetery to his son, Buchanan, with the strongest title possible. Which type of instrument will he use?

A. Quitclaim deed; B. Warranty deed; C. Special warranty deed; D. Contract for deed; E. None of the above.

Answer: B 22. Santa Fe is noted for the uniformity of its architectural style. This uniformity could be the result of: A. Easements; B. Restrictive covenants among private parties; C. Zoning by the government;

Test Bank for American Law and Legal Systems, 7th Edition by James

94 D. A and B; E. B and C. Answer: E 23. Which of the following is categorized correctly?

A. Stocks and certificates of deposit--tangible property; B. Property owned jointly by siblings--community property; C. Timber grown as a crop--realty; D. Right to a certain percentage of profits from the sales of oil and gas--mineral royalty interest.

E. Right to protect the design of the better mousetrap from production by someone else— trademark.

Answer: D Essay Questions 1. Distinguish between a freehold and leasehold estate and discuss the attributes of each.

2. The system of feudalism is the source of much of today’s property law. Discuss feudalism and its remnants in our current jurisprudence.

3. Identify various freehold estates and the attributes of each.

4. Identify and discuss types of concurrent ownership including, but not limited to, marital estates.

5. Define and discuss easements, licenses, profits, and covenants. Give examples.

6. Discuss limitations on ownership interests including, but not limited to, historic preservation, zoning, and eminent domain.

7. Identify and discuss various methods of inception of titles and liens as well as the characteristics of different types of deeds.

8. Discuss the requisites for a valid will and the effect if one procrastinates and does not actually execute some type of will.

9. Describe the formation of a trust and contrast its effect with that of a gift.

10. Trace the historical development of intellectual property.

11. Define and distinguish among patents, copyrights, and trademarks and the legal interests protected by each.

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95 CHAPTER 13: FAMILY LAW Multiple Choice Questions 1. Which of thefollowingmust Rhettprove in order to obtaina divorce in most states?

A. Residency; B. Venue; C. Groundsfordivorce; D. Maritalassetsanddebts; E. All of the above.

Answer: E 2. Whenparentsliveapart, thecourtusuallyenters an order: A. Allowingoneparenttherightto establishthechild'sdomicileand to havephysicalcustodyofthe child; B. Establishingvisitationrightsforthenoncustodialparent; C. Orderingthenoncustodialparent to paychildsupport; D. That is modifiableat a laterdateif thecircumstances ofthe childand/ortheparent change; E. All oftheabove.

Answer: E 3. Assume that Rush and Marta are divorcing in a common-law state, that the marital estate is substantial, and that the parties do not agree on a propertysettlement. If the judgemakestheproperty divison, which is likelyto occur?

A. Rush'scompensationpackageof $38,000,000peryearandhis$100,000,000signingbonuswill beawarded tohim; B. Thatthedebtsfromthefailedmagazineand tie businessthatthecouplebeganafterthe marriage would belongto both; C. Thatthe$24,000,000 ocean-front Palm Beachmansionwhere Rushcurrentlyresidesand that houses his business will be awarded to himsince it was purchased with his earnings; D. Thatthe$2,000,000apartmentthatwaspurchasedonlyin Marta's name would beawardedto her; E. Alloftheabove.

Answer: E 4. Today, a legally-recognized parent-child relationship may be created in the following ways: A. Parenthood by contract; B. Parenthood by biology; C. Parenthood by adoption; D. All of the above; E. None of the above.

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96 Answer: D

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5. Lucinda's biological parents never legally married, and there was no father listed on her birth certificate. Patrick, the putative father, wishes to seek custody following the death of Lucinda's mother. He:

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A. May initiate a paternity suit if Lucinda's maternal grandparents are opposed to the custody; B. May initiate a suit to voluntarily legitimate Lucinda; C. Will be subject to the test of what is in the best interest of the child; D. All of the above.

E. None of the above.

Answer: D 6. Theterm"no-fault"divorce: A. Meansthatfaultistotallyirrelevanttoallaspectsofthedivorceincludingchildcustodyand propertysettlement; B. Meansthatthepetitioneror plaintiffdoes not haveto provefault in orderto receivea divorce; C. Meansthattheproceduresfordivorcearenowmuchmorecomplicated; D. Meansthat eachpartymust payall of his or hercostsof the litigation,similarto "no-fault"insurance; E. All of theabove.

Answer: B 7. Rhett and Scarlett are divorcing in Texas, a community property state. Their property includes the following: 1) Tara, her plantation; 2) SmugglersUnlimited,hisbusiness;and 3) TwelvePines,thenew plantationpurchasedduringmarriage.Rhettreceives Twelve Pinesandthemortgagethat goeswith it in the divorce. In regard to the mortgage: A. Scarlett is nowfreefrom anyobligation to repaythedebt; B. Rhett is absolutelyrelieved of anyobligation to repaythe debt; C. Botharefreedfrompayments; D. Botharestillliableforthefullamountalthough Rhett is primarilyresponsible; E. Noneoftheabove.

Answer: D 8. Theprimaryquestionfora juryin decidinga childcustodycaseis: A. Genderoftheparent; B. Genderofthechild; C. Bestinterest of thechild; D. Respectivefinancialresourcesofparents; E. Noneoftheabove.

Answer: C 9. Familylaw is primarilywithintheprovinceof: A. Stategovernment; B. Nationalgovernment; C. Localgovernment; D. Churches; Test Bank for American Law and Legal Systems, 7th Edition by James

E. All oftheabove.

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Answer: A

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10. An annulment: A. Is availableonlyifthemarriagehasnot beenconsummated; B. Maybe givenonlybyreligiousauthoritiesandhas no applicationin thesecularlawsystem; C. Declaresthatamarriage is voidfromitsinception; D. Hasnopropertyconsequences; E. All of the above.

Answer: C 11. Lauraand Edgarestablisha common-lawmarriage in a communitypropertystatethatpermitsthe creation of the relationship: A. Bothareliablefordebtsincurredafterthemarriagecreation; B. Edgarownsone-halfofherearnings; C. Theymustobtainaformaldivorce to dissolvetheirrelationship; D. This marriage will be recognized throughout the United States, E. All of theabove.

Answer: E 12. Judges or juriesdeterminingthe“bestinterest of the child” in a custodybattleconsiderwhich of the following factors?

A. Physicalsafetyof thechild; B. Presentandfutureemotionalandphysicalneeds of thechild; C. Parentingskills ofthe personseekingcustody; D. Stabilityof thehomeandtheparent; E. All of the above.

Answer: E 13. Which ofthefollowingis correct aboutadoptions?

A. Onlyminorsmaybe adopted; B. If the adoptee is undertheage of eighteen, the legal rights of thebiologicalparentsmust be terminated before the adoption mayoccur; C. Some statutes (Indian Child Welfare Act) and treaties (Intercountry Adoption Act) impose additional restrictions and limitations on certain types of adoptions; D. A and B: E. B and C. Answer: E. 14. Rights and responsibilities of parents include which of the following?

A. Right to have physical possession of the minor child; B. Duty to financially support minor children; Test Bank for American Law and Legal Systems, 7th Edition by James

C. Right to determine medical, surgical, and psychiatric treatment of a minor child; D. Duty to provide care, control, supervision, education, and reasonable discipline;

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E. All of the above.

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Answer: E. 15. Which of the following is correct?

A. The first formal requirements imposed by a government for obtaining a divorce were created by the Romans; B. In England, the wife and children were essentially treated as chattels until the passage of the Matrimonial Causes Act of 1857; C. Religious-based laws traditionally have influenced the legal relationship between family members, and the pattern continues to this day; D. All of the above; E. None of the above.

Answer: D. 16. Dissolution of marriage involves the division of the marital estate between the spouses.

Which of the following is correct?

A. Alimony is awarded from future earnings of the spouse and is based on the respective resources of the spouses; B. The division of property currently owned by the spouses is alimony; C. Orders for alimony cannot be enforced across state lines; D. All of the above; E. None of the above.

Answer: A. 17. The parent-child relationship may be terminated: A. By litigation brought by the state if there is abuse or neglect; B. By the emancipation of the minor child through court order or by the child reaching the age of eighteen; C. By voluntary action on the part of the parent with court approval; D. All of the above; E. None of the above.

Answer: E. Essay Questions 1. Define and discuss the procedures for creating a valid informal marriage and a formal marriage.

2. Compare and contrast divorce and annulment.

3. Trace the history of women’s property rights including, but not limited to, both common law and community property principles.

4. Identify and discuss the issues in dissolution of marriage.

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5. Identify and discuss various methods of establishing the parent-child relationship, the

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obligations thereof, and the methods of ending the relationship.

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CHAPTER FOURTEEN: CONCLUSION Multiple Choice Questions 1. The use of the cloud analogy in the text is designed to make the reader: A. Wish to be outside on a nice day; B. Aware that law, like a cloud, takes shape in the mind of the observer; C. Aware that law, like a cloud, has little substance; D. All the above; E. None of the above.

Answer: B 2. Lincoln’s wolf-shepherd-sheep analogy illustrates that law: A. Is a tool of capitalism; B. Is viewed by everyone the same way; C. Can be viewed as both a protector of rights and an oppressor of rights; D. Is neutral in how it affects people; E. None of the above.

Answer: C 3. Understanding the relationship between law and politics is important because: A. Many elected political officials who make our laws are trained in the law; B. No one untrained in the law can truly understand politics; C. The best politicians are always lawyers; D. All the above; E. None of the above.

Answer: A 4. Perhaps the best example of how changes in the law are affected by changes in society can be seen in how the law: A. Treats the rights of those accused of crimes; B. Treats children;

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105 C. Treats women; D. Treats the rights of African-Americans; E. None of the above.

Answer: D 5. Which of the following best describes the views of your authors on the nature of the law?

A. Law is ultimately a source of evil but remains a necessary evil; B. Law is fashioned by an “invisible hand” that protects us from evil; C. Law is totally neutral in terms of its enactment and effects on people; D. Law is amoral; E. Law is an evolving and constantly changing concept.

Answer: E Essay Questions 1. Brieflyexplainhowinterestgroupsmanipulatethelegalsystemto furthertheirowneconomicinterests.

2. Usingdrivingundertheinfluenceas an example,explainhowthelawhaschangedtowardpersonscharged withdrivingundertheinfluence (DUI) inthelast 20 years.

3. Explainwhythereissucha closeconnectionbetweenlawandthestudyofpolitics.

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