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The Pre-Law Seminar is designed to introduce students to the fundamental concepts, skills, and professional expectations associated with the study and practice of law. This course provides an overview of the American legal system, major areas of law, and current legal issues, while also focusing on the development of critical thinking, logical reasoning, and effective communication skills. Students will engage in case studies, legal research exercises, mock trials, and opportunities to interact with legal professionals, gaining valuable insights to help them assess their interest in pursuing a legal career and prepare for future law school admission.
Recommended Textbook
Introduction to Law 5th Edition by Joanne B. Hames
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925 Verified Questions
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Q1) Jurisprudence is:
A) another term for precedent.
B) another term for common law.
C) the study of law.
D) the study of the philosophy of law.
Answer: D
Q2) What does the phrase "stare decisis" mean?
A) "Let the master answer"
B) "The Law speaks for itself"
C) "It stands decided"
D) "To hold the body"
Answer: C
Q3) In a criminal case, the punishment can be:
A) a fine.
B) incarceration.
C) probation.
D) Any of the above
E) None of the above, criminal and civil juries are not different
Answer: D
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Q1) Courts of appeals in the various states decide many cases that never become stare decisis.
A)True
B)False
Answer: True
Q2) The federal legislature consists of a bicameral structure.
A)True
B)False
Answer: True
Q3) The federal government consists of three branches-executive, legislative, and _____- with each branch having separate and distinct powers.
Answer: judicial
Q4) All case law originates with a factual controversy between two or more parties. A)True
B)False
Answer: True
Q5) The U.S. Supreme Court has the power to declare state laws unconstitutional. A)True B)False
Answer: True
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Q1) What is the name of the individual who is responsible for the safety of the judge and for order within the courtroom?
A) Court clerk
B) Bailiff
C) Court reporter
D) Court administrator
Answer: B
Q2) Explain when the U.S. Supreme Court has original jurisdiction.
Answer: Although the Supreme Court, like the appellate courts, is primarily a court of appellate jurisdiction, original jurisdiction exists when cases affect ambassadors, public ministers, and consuls or when a state is a party. Original jurisdiction is set forth in Article III, Section 2, of the U.S. Constitution.
Q3) Federal court diversity of citizenship jurisdiction can be established where the plaintiff and defendant are residents of different states and the amount in controversy exceeds $75,000.
A)True
B)False
Answer: True
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Q1) A digest is an index to statutes.
A)True
B)False
Q2) Statutes and regulations are examples of primary legal research sources.
A)True
B)False
Q3) All statutes are called codes.
A)True
B)False
Q4) What are the different factual categories into which facts often fall?
Q5) Which of the following is an encyclopedia?
A) Corpus Juris Secundum
B) American Jurisprudence 2d
C) California Jurisprudence 3d
D) All of the above
E) None of the above
Q6) The case brief is a short summary of a case.
A)True
B)False
Q7) What are the different components of case law?
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Q1) Explain why legal writing should use active voice.
Q2) A topic sentence sets the scene for the information in the remainder of the paragraph.
A)True
B)False
Q3) Legal writers should have at least twenty-five words in each sentence to explain concepts to the reader.
A)True
B)False
Q4) The case brief is often the first step in preparing a formal written analysis, often called:
A) a legal memorandum.
B) precedent.
C) stare decisis.
D) case report.
E) None of the above
Q5) Trial briefs, points and authorities in support of motions, declarations, and demand letters are examples of documents that must be _______.
Q6) Where possible, replace forms of the verb "to ___" with verbs denoting action.
Page 7
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Q1) The clause in the U.S. Constitution that states that the Constitution "shall be the supreme law of the land" is called:
A) the Supremacy Clause.
B) the Equal Protection Clause.
C) the Commerce Clause.
D) the Due Process Clause.
Q2) State support for religious schools:
A) is allowable as long as the money is not used for religious purposes.
B) is unconstitutional because of the entanglement of church and state.
C) is unconstitutional because it violates the Free Exercise Clause.
D) Both b and c
Q3) The _____ Clause in the First Amendment prohibits government from enacting any law that results in the establishment of a religion.
Q4) Which of the following types of speech is not protected by the Constitution?
A) Political speech
B) Advertising
C) Obscene material
D) None of the above; they are all protected
Q5) The first ten amendments to the U.S. Constitution are known as the ______.
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Q1) Contributory risk is a defense to negligence.
A)True
B)False
Q2) Vicarious liability is also known as respondeat superior.
A)True
B)False
Q3) Which tort is the unprivileged publication of a factual statement that is untrue and injurious to a person's reputation?
A) Defamation
B) Negligence
C) Assault
D) Abuse of process
Q4) Under strict liability in tort, product liability requires a ______ product.
Q5) In which type of case is the plaintiff usually entitled to punitive damages in addition to compensatory damages?
A) Res ipsa loquitor
B) Strict liability
C) Negligence
D) Gross negligence
Q6) Explain the difference between assault and battery.
Page 9
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Q1) The court will retain jurisdiction over:
A) spousal support.
B) nullity issues.
C) child support.
D) premarital agreements.
E) family issues.
Q2) A divorce or _____action acknowledges that a valid marriage existed, but the parties now wish to end the marital contract.
Q3) What type of property is property that belongs solely to one spouse?
A) Separate property
B) Community property
C) Quasi-community property
D) All of the above
Q4) Which of the following is not a potential ground for an annulment?
A) Irreconcilable differences
B) Fraud
C) Bigamy
D) Minority
Q5) Why would a couple planning to marry have a pre-marital agreement?
Q6) What are the differences between community property and separate property?
Page 10
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Q1) A gift by will of specific real property is known as a:
A) bequest.
B) devise.
C) general legacy.
D) demonstrative legacy.
E) testimonium clause.
Q2) A will may not be changed.
A)True
B)False
Q3) All guardianship documents are drafted by the court.
A)True
B)False
Q4) What type of will is handwritten by the testator?
A) Formal
B) Holographic
C) Nuncupative
D) Statutory will
Q5) Explain how a will can be revoked or changed.
Q6) A general ______ is a gift of a specific amount of money. This gift of money is taken from the assets of the general estate.
Page 11
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Q1) Patent protection is created by filing an application for a patent with the ____________, the federal agency responsible for processing patent applications.
Q2) Deeds are used to transfer ownership to property.
A)True
B)False
Q3) The Statute of ______ is a rule requiring that certain types of contracts be evidenced by a writing.
Q4) 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
Q5) What is the name of a lawsuit to evict a tenant?
A) Unlawful detainer
B) Eviction
C) Lease
D) Foreclosure
Q6) Personal property is property that is ______.
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Q1) A non-profit corporation:
A) cannot generate any income.
B) always has tax exempt status.
C) cannot distribute any profit to its members.
D) Both b and c
E) All of the above
Q2) Each partner in a partnership is the agent of the other partners and is responsible for the torts of the other partners if committed in the course and scope of the partnership. A)True
B)False
Q3) Explain the roles of directors, officers, and shareholders in a corporation.
Q4) A ________ is a type of business organization that provides limited liability to its owners that is similar to a corporation but not taxed as a corporation.
Q5) A corporation is sometimes called an artificial person.
A)True
B)False
Q6) What are the factors considered by a court on whether the court should pierce the corporate veil?
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Q1) Settlement agreements are found in:
A) complaints.
B) answers.
C) discovery documents.
D) compromise and release.
Q2) The authority of the federal courts to hear trials is known as original jurisdiction.
A)True
B)False
Q3) A document describing the nature of a motion and the time and place set for hearing is known as:
A) notice of motion.
B) declaration in support of motion.
C) memorandum of points and authorities.
D) declaration in opposition to motion.
E) None of the above
Q4) A factual situation that creates a legally recognized right to damages or other relief is a _________.
Q5) Explain the difference between a cross-claim, counter-claim, and third-party claim.
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Q1) What is the name of an individual hired by the parties to preside over a trial who is often a retired judge?
A) Arbitrator
B) Special master
C) Mediator
D) Private judge
Q2) 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
Q3) What is one requirement for all arbitrators and mediators?
A) Experience as a former judge
B) Admission to practice law
C) Neutrality
D) Graduation from an ABA approved law school
Q4) Alternative dispute resolution that is court related or court ordered is always nonbinding unless the parties agree to the contrary.
A)True
B)False
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Q1) Second degree murder is a homicide that involves an impulsive act, rather than a premeditated act.
A)True
B)False
Q2) There is general uniformity among the states in how the juvenile court system works.
A)True
B)False
Q3) Homicide is the taking of the life of one person by another.
A)True
B)False
Q4) During a dispute in a parking lot over a parking space, Mark intentionally hits Robin on the right arm with a baseball bat that he keeps in the trunk of his vehicle. Robin suffers a broken arm. What crime has Mark committed?
A) Assault
B) Battery
C) False imprisonment
D) Burglary
Q5) The mental element of a crime is known as the _________.
Page 16
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Q1) The purpose of the warrant requirement under the Fourth Amendment is protect against _______searches and seizures.
Q2) Explain the purpose of the initial appearance of a defendant.
Q3) In the landmark 1961 U.S. Supreme Court case ____________, the court recognized the exclusionary rule that subsequently discovered evidence, derived from an initial illegal search and seizure, is not admissible.
Q4) The warrant requirement is designed to protect law enforcement officers.
A)True
B)False
Q5) What is a written order of a court allowing law enforcement officers to search a certain place?
A) Information
B) Indictment
C) Search warrant
D) Bill of particulars
Q6) The _____ appearance is the first court appearance of a criminal defendant after the arrest.
Q7) What did the U.S. Supreme Court decide in Mapp v. Ohio (1961)?
Q8) The purpose of the preliminary hearing is to establish that ________ exists.
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Q1) Hearsay is never admissible evidence.
A)True
B)False
Q2) Direct evidence is:
A) always required at trial.
B) sometimes required at trial.
C) evidence that actually proves a point.
D) circumstantial in nature.
E) All of the above
Q3) Martha saw a woman slip and fall at a grocery store. Martha testified what she saw in court for the plaintiff. Martha is a(n) __________ witness.
Q4) What type of evidence is testimony by an eyewitness?
A) Direct evidence
B) Documentary evidence
C) Demonstrative evidence
D) Circumstantial evidence
Q5) All relevant evidence is admissible.
A)True
B)False
Q6) Explain the four types of evidence.
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Q1) What is the purpose of a closing argument?
Q2) What is the burden of proof in a criminal case?
A) Beyond a shadow of doubt
B) Beyond a reasonable doubt
C) Preponderance of the evidence
D) Clear and convincing evidence
Q3) During jury deliberations, under what circumstances should the judge order that the bailiff confiscate cell phones, tablets, and other portable electronic devices of the jurors? What potential problems exist with the use of cell phones, tablets, and other portable electronic devices by jurors during deliberations?
Q4) Who is a citizen who decides the facts of a case?
A) Juror
B) Court clerk
C) Bailiff
D) Court reporter
Q5) During voir dire, how many challenges for cause does each side have?
A) 3
B) 6
C) 12
D) An unlimited number
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