Fundamentals of Law Exam Bank
Course Introduction
Fundamentals of Law introduces students to the essential concepts, principles, and structures that underpin legal systems. The course covers the nature and functions of law, key legal institutions, sources of law, and the classification of legal rules, including public and private law, civil and criminal law, and substantive and procedural law. Through exploration of case studies and landmark decisions, students will gain a foundational understanding of how laws are made, interpreted, and enforced, as well as the role of law in society and its impact on individuals and organizations. This course provides the groundwork for more advanced legal studies and helps foster critical thinking, ethical reasoning, and legal research skills.
Recommended Textbook
Introduction to Law 5th Edition by Joanne B. Hames
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17 Chapters
925 Verified Questions
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Page 2
Chapter 1: Introduction to Law
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Sample Questions
Q1) Civil law describes a legal system based on written laws or codes.
A)True
B)False Answer: True
Q2) What is a set of rules and procedures usually intended to regulate some aspect of society?
A) Law
B) Canon
C) Bylaw
D) Precedent Answer: A
Q3) Substantive laws are those laws that define the rights and duties of parties.
A)True
B)False Answer: True
Q4) In a criminal case, the plaintiff is usually the victim of a crime.
A)True
B)False Answer: False
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Chapter 2: The US Legal System
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Sample Questions
Q1) The court resolves disputes by:
A) making new laws to meet the situation.
B) asking the legislature to make a new law to meet the situation.
C) applying existing constitutional, statutory, and case law to the situation.
D) applying only existing case law or precedent to the situation.
E) None of the above
Answer: C
Q2) The system of government where both the federal and state governments regulate citizens is known as _____.
Answer: federalism
Q3) Where a conflict exists between federal and state laws, _____law controls.
Answer: federal
Q4) What is the difference between concurrent jurisdiction and exclusive jurisdiction?
Answer: When both state and federal governments have the right to regulate an area, those governments have concurrent jurisdiction. When the power to regulate an area belongs solely or exclusively to either the federal or state government, the government has exclusive jurisdiction.
Q5) Tax measures or spending bills in Congress must originate in the _______.
Answer: U.S. House of Representatives
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Chapter 3: The Courts and Legal Personnel
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Q1) A court clerk is a court employee who assists the court and the judge by filing documents, marking and safeguarding evidence, and reviewing documents that are submitted to the judge.
A)True
B)False Answer: True
Q2) Paralegals are bound by rules of confidentiality in dealing with clients of the law firm in which they work.
A)True
B)False Answer: True
Q3) In the federal courts, the bailiff may be a deputy U.S. marshal.
A)True
B)False
Answer: True
Q4) Cases heard in U.S. Court of Appeals are normally heard by a panel of_____ judges who decide the case by a majority vote.
Answer: three
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Chapter 4: Finding the Law: Legal Research
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Sample Questions
Q1) Why would a legal researcher want to use a subscription based legal research system like Westlaw or Lexis rather than free Internet sources?
Q2) State court cases are published in state and regional reporters.
A)True
B)False
Q3) Case law contains each of the following components: facts, judicial history, issues, and ______.
Q4) What type of facts help the researcher understand what happened?
A) Relevant facts
B) Explanatory facts
C) Unnecessary facts
D) All of the above
Q5) A legal encyclopedia is arranged _____.
Q6) Form books are filled with sample forms and explanations on how and when to use the forms.
A)True
B)False
Q7) Explain the differences between primary and secondary sources.
Q8) What are the different factual categories into which facts often fall?
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Chapter 5: Using the Law: Analysis and Legal Writing
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Sample Questions
Q1) Which method of stating the facts in a legal memorandum states the facts in the order in which they occur?
A) Chronologically
B) By party
C) According to the elements of a cause of action
D) All of the above
Q2) The _____ section of a case brief includes a listing of the laws the court relied on in the analysis or reasoning and may include statutes, case law, articles or amendments from the Constitution or other primary sources of the law.
Q3) Legal writing does not require a thesis paragraph.
A)True
B)False
Q4) Active _____ sentences open with a specific actor who then does something to someone.
Q5) A statement of the legal issue presented to the court for resolution is known as the ____ presented.
Q6) Where possible, replace forms of the verb "to ___" with verbs denoting action.
Q7) Explain why legal writing should use active voice.
Q8) Explain the citation in a case brief.
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Chapter 6: Constitutional Law
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Q1) Constitutional law is found both in the Constitution itself and in Supreme Court case law interpreting the Constitution.
A)True
B)False
Q2) The U.S. Constitution gives all legislative and judicial powers to the executive branch.
A)True
B)False
Q3) How many amendments have been added to the U.S. Constitution?
A) 10
B) 26
C) 27 D) 28
Q4) The U.S. Supreme Court case National Federation of Independent Businesses v. Sebelius upheld the individual mandate requirement in the Patient Protection and Affordable Health Care Act based on the power of Congress to impose _____.
Q5) What is the difference between the Establishment Clause and the Free Exercise Clause?
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Chapter 7: Tort Law
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Sample Questions
Q1) Punitive damages are always recovered in negligence cases.
A)True
B)False
Q2) In a tort action, the wrongdoer, also known as the ______, becomes liable to the victim for money damages.
Q3) Punitive damages are also known as:
A) special damages.
B) medical damages.
C) personal damages.
D) exemplary damages.
E) extraordinary damages.
Q4) Which government agency created in the early 1970s works to protect health and safeguard the natural environment and sets and enforces national standards that must be met by businesses that impact the environment?
A) Environmental Protection Act
B) U.S. Department of State
C) Occupational Safety and Health Administration
D) U.S. Department of Justice
Q5) List and define the three major types of torts.
Q6) The three major types of torts are: intentional torts, negligence, and ______.
Page 9
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Chapter 8: Family Law
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Sample Questions
Q1) Why would a couple planning to marry have a pre-marital agreement?
Q2) A marital partner has no legal interest in quasi-community property.
A)True
B)False
Q3) Should states require that spouses enter into a premarital agreement before obtaining a marriage license? Explain your position.
Q4) An annulment proceeding is used to obtain a court declaration that:
A) the marriage is over.
B) a legal separation has begun.
C) no legal marriage ever existed.
D) the marriage is voidable.
E) the marriage was illegal.
Q5) The deponent is the person whose testimony is given under oath during a deposition.
A)True
B)False
Q6) Not all family law matters concern married persons.
A)True
B)False
Q7) Property acquired by gift or inheritance is considered _______ property.
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Chapter 9: Estate Planning: Wills, Trusts, and Probate
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Sample Questions
Q1) What type of trust, often called an involuntary trust, is created by law?
A) Express trust
B) Implied trust
C) Testamentary trust
D) Living trust
Q2) A specific bequest is:
A) money.
B) real property.
C) a specific devise.
D) a gift of specific property.
E) demonstrative legacy.
Q3) If a person acquires legal title to property as a result of fraud, the court may impose a(n) _______ trust on the individual holding the legal title.
Q4) An addition or change to a will that does not contain the entire will is called a(n)
Q5) The attestation clause is used to open the will.
A)True
B)False
Q6) Wills fall into three broad categories: formal,_____, and nuncupative.
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Chapter 10: Contract and Property Law
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Sample Questions
Q1) Discuss whether you think email communication or text messaging should satisfy the writing requirement under the Statute of Frauds? Explain your position.
Q2) The Uniform Commercial Code (U.C.C.) is a federal law governing contracts for the sale of goods.
A)True
B)False
Q3) Con?fidential information regarding a business or product is called a(n) _______ secret.
Q4) Certain types of intellectual property have fixed duration while other types of intellectual property, such as trademarks and trade secrets, can receive protection indefinitely while still in use and efforts are made to protect the rights. Why do you think that some types of intellectual property have a fixed duration while others have perpetual duration?
Q5) What type of property consists of the result of one's thoughts, ideas, or inventions?
A) Real property
B) Personal property
C) Intellectual property
D) All of the above
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Chapter 11: The Business Environment: Agency,
Employment, Business Organizations, and Bankruptcy Laws
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Q1) State laws that govern the sale or transfer of securities within the state are known as blue-sky laws.
A)True
B)False
Q2) The term "securities" is used to describe:
A) a financial interest in a business.
B) only shares of stock in a corporation.
C) only a partnership interest in a general partnership.
D) only a partnership interest in a limited partnership.
E) None of the above
Q3) In a partnership, each of the partners is liable to third parties for debts of the partnership in proportion to his or her ownership interest in the partnership.
A)True
B)False
Q4) An employment arrangement without a fixed term is an employment ________.
Q5) All debts are dischargeable in bankruptcy.
A)True
B)False
Q6) Explain the roles of directors, officers, and shareholders in a corporation.
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Chapter 12: Civil Procedure Before Trial
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Sample Questions
Q1) Personal jurisdiction is based on which constitutional right of the defendant?
A) Equal protection
B) Due process
C) Free speech
D) Double jeopardy
Q2) The federal courts have limited subject matter jurisdiction and can only hear cases when a federal question is involved, when the United States is a party, or when _________exists.
Q3) Discovery involves the use of:
A) interrogatories.
B) depositions.
C) requests for medical examinations.
D) requests to produce or inspect.
E) All of the above
Q4) A cause of action is a factual situation that creates a legally recognized right to damages or other relief.
A)True
B)False
Q5) The two most common pleadings are the complaint and the ______.
Q6) Describe the different discovery methods used in civil litigation.
Page 14
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Chapter 13: Alternative Dispute Resolution
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Q1) Mediation is a process in which the parties discuss and negotiate the issues in dispute with the assistance of a neutral person.
A)True
B)False
Q2) What is the process in which the parties discuss and negotiate the issues in dispute with the assistance of a neutral person?
A) Mediation
B) Arbitration
C) Mini-trial
D) Summary trial
Q3) Early neutral ________ is a proceeding that takes place early in a civil case in which the disputing parties meet with a neutral person who evaluates the case in an attempt to settle the dispute.
Q4) To stay a proceeding means to delay or stop the proceeding.
A)True
B)False
Q5) In criminal cases where any property damage is involved, alternative dispute resolution could also require the party causing the property damage to pay _____.
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Chapter 14: Criminal Practice: Criminal Law and Juvenile Law
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Sample Questions
Q1) Which of the following is an element of mens rea?
A) A knowing act
B) A purposeful act
C) A reckless act
D) All of the above
Q2) Mark points a gun at Phillip intending to shoot him. Mark pulls the trigger and Phillip dies from the gunshot. Mark has committed a(n) _______ act and could be found guilty of first degree murder.
Q3) A felony is often punishable by:
A) a minimum one year's imprisonment.
B) a minimum of six months' imprisonment.
C) time off for good behavior.
D) None of the above
Q4) Which of the four purposes of criminal law should be the most important goal: deterrence, rehabilitation, incapacitation, or retribution? Explain.
Q5) The Model Penal Code has been adopted in all states.
A)True
B)False
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Q6) Explain the differences between first degree murder and second degree murder.
Chapter 15: Criminal Procedure Before Trial
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Q1) An information is an accusation made by a prosecutor against a criminal defendant that does not involve a ______ jury.
Q2) The Fifth Amendment contains the due process clause.
A)True
B)False
Q3) An information is an accusation made by a prosecutor against a criminal defendant that does not involve a grand jury.
A)True
B)False
Q4) The _____ appearance is the first court appearance of a criminal defendant after the arrest.
Q5) What is the hearing where the defendant appears before a judge for the first time?
A) Arraignment
B) Preliminary hearing
C) Initial appearance
D) Grand jury hearing
Q6) What did the U.S. Supreme Court decide in Mapp v. Ohio (1961)?
Q7) A(n) ______ is the physical seizure of a person by the government.
Page 17
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Chapter 16: Rules of Evidence
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Q1) The basic types of evidence are judicial notice, testimony of a witness, _______, and stipulated facts.
Q2) The standard by which testimony or physical evidence is evaluated to determine whether the evidence tends to prove or disprove a fact of consequence is ________.
Q3) Among the four types of evidence, which type of evidence is most convincing to a jury?
Q4) Which types of witnesses add more value to a case: lay witnesses or expert witnesses? Does it make a difference on the type of case? If so, in which types of cases are expert witnesses more valuable?
Q5) Judicial notice is sometimes taken when the court believes that the information is common knowledge.
A)True
B)False
Q6) The most common attributes used to discredit a witness are the following are: 1) personal bias; 2) prior inconsistent statements; 3) character for untruthfulness; and 4) prior _________.
Q7) Explain the four types of evidence.
Q8) What are methods used to attack the credibility of a witness?
Page 18
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Chapter 17: The Trial
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Q1) If it appears that there is a bias or other legitimate reason that a person cannot sit as a juror:
A) that person will be excused for cause.
B) that person will be excused with a peremptory challenge.
C) the judge will ask the potential juror to leave the courtroom.
D) the attorneys will discuss the person and make a recommendation to the court.
Q2) What part of a trial includes a summary of the facts, issues, evidence, and conclusions that may be drawn from the evidence where each attorney tries to highlight the evidence most favorable to his or her client?
A) Opening statement
B) Voir dire
C) Closing argument
D) Rebuttal
Q3) What is the purpose of a closing argument?
Q4) What is the formal decision of a jury?
A) Judgment
B) Verdict
C) Appeal
D) Voir dire
Q5) The _________ argument is given just prior to the judge instructing the jury.
Page 19
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