Reference no: EM132015030

QUESTION 1 :  President Nixon issued wage-price controls in an effort to stabilize the economy. This use of executive power was

a. an illegal usurption of the regulatory powers of administrative agencies.

b. a valid use of judicial power.

c. a valid use of power based on Article II of the Constitution.

d. an illegal usurption of legislative powers which belong to the Congress.

QUESTION 2 :  Common law refers to

a. law that is the same or similar in all the states.

b. the legal systems of France, Germany, and Italy.

c. law made by legislatures in the form of statutes.

d. law made when judges decide cases and then follow those decisions in later cases.

QUESTION 3 : Treaties with foreign nations can only be made by ________ and ratified by ________.

a. the Department of Defense; the Senate by a plurality

b. the President; the Senate by a two-thirds vote

c. the Secretary of State; the President

d. the President; the House of Representatives by a three-fourths vote

QUESTION 4 : When the Food and Drug Administration prohibits a certain drug from being marketed in the United States, this is

a. an agency regulation.

b. private law.

c. an executive order.

d. legal negativism.

QUESTION 5 : Henry David Thoreau felt that war was unjust and therefore refused to pay his taxes when the United States declared war on Mexico. Thoreau felt that there was a higher law than the law of the land. Which theory of jurisprudence was he applying?

a. Common law

b. Legal realism

c. Legal positivism

d. Natural law

QUESTION 6 : The United States Supreme Court has the power to

a. appoint judges to serve on the Supreme Court.

b. ratify treaties.

c. issue executive orders.

d. void laws passed by Congress.

QUESTION 7 : Contemporary law's principle of collective responsibility, such as all partners being personally responsible for the debts of the partnership, had its roots in the

a. Anglo-Saxon practice of using "oath helpers."

b. Anglo-Saxon method of ensuring public order through tithing.

c. English system of feudalism.

d. English use of "shire reeves."

QUESTION 8 : The doctrine of stare decisis

a. is unimportant to the common law.

b. makes the law more predictable.

c. is an equitable remedy.

d. makes the legal process more expensive.

QUESTION 9 : The government itself prosecutes the wrongdoer in a case involving behavior so threatening that society outlaws it altogether. This kind of case involves

a. civil law.

b. criminal law.

c. private law.

d. procedural law.

QUESTION 10 : The federal judicial branch of the U.S. government

a. passes statutes.

b. interprets statutes.

c. creates administrative agencies.

d. issues executive orders.

QUESTION 11 : The Minnesota legislature passed a law requiring that employers allow each employee adequate time within each four consecutive hours of work to utilize the nearest convenient restroom. This law is

a. a statute.

b. a stare decisis.

c. an executive order.

d. an ordinance.

QUESTION 12 : Curtis filed a lawsuit against Ulhoff for failure to repay $1,000 according to the terms of a promissory note. The trial ended before it began, with the trial judge granting a motion for summary judgment in favor of Curtis. Ulhoff has appealed, and the Supreme Court of Iowa has remanded the case. This means

a. Ulhoff automatically wins because he lost in the lower court.

b. We don't know who wins yet because the case is being returned to the trial court for additional steps.

c. Neither party wins because the case is being thrown out.

d. Curtis automatically wins because he won in the lower court.

QUESTION 13 : If the title of an appellate court case appears as Jones v. Smith,

a. it means that Smith won the trial court decision.

b. you cannot determine which party is the plaintiff, because when a defendant loses a trial and files an appeal, some courts (but not all) reverse the names of the parties.

c. the trial judge was Jones and the appellate judge is Smith.

d. then it is correct to say that Jones is the plaintiff and Smith is the defendant.

QUESTION 14 : A jury decision in a civil case

a. depends on whether or not the parties have agreed to have their case decided by less than a unanimous verdict.

b. is achieved by informal deliberations.

c. must always be unanimous.

d. must be reached in the same day the case is heard.

QUESTION 15 : The fastest growing method of dispute resolution in the United States is

a. negotiation.

b. litigation.

c. arbitration.

d. mediation.

QUESTION 16 : After answering a summons and complaint, Mike received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called

a. interrogatories.

b. a request for the production of documents.

c. a deposition.

d. a request for admission.

QUESTION 17 : Which of the following is NOT an example of a trial court of limited jurisdiction?

a. A juvenile court

b. A general civil division court

c. A small claims court

d. A probate court

QUESTION 18 : Holt and Collins decide to have their dispute arbitrated by Corrales. Which of the following will NOT be a result of the arbitration?

a. Corrales need not give reasons for the decision.

b. Holt and Collins retain the right to a class action.

c. Corrales will render a binding decision.

d. Holt and Collins give up the right to discovery.

QUESTION 19 : An inmate in a state prison claims his United States constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility. This case

a. may not be decided by a federal court since it involves a state facility.

b. cannot be heard, as prisoners lose the right to sue.

c. must be decided by the state court where the inmate established residency before going to prison.

d. is a federal question case over which the federal courts have jurisdiction.

QUESTION 20 : Which of the following statements is most accurate regarding appellate courts?

a. Only the federal court system has appellate courts.

b. Appellate courts generally accept the factual findings of the trial court.

c. Appellate courts hear only criminal cases.

d. Appellate courts often hear new evidence and testimony.

QUESTION 21 : Roberto sued Monica for injuries received in a traffic accident. If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits, Roberto may obtain a

a. summary judgment.

b. default judgment.

c. pretrial conference.

d. judgment on the pleadings.

QUESTION 22 : In Jones v. Clinton, the court held that

a. the case be dismissed because of the President's governmental position.

b. Paula Jones was entitled to a summary judgment.

c. President Clinton failed to comply with a discovery order.

d. Paula Jones did not demonstrate the essential elements for her claim.

QUESTION 23 : Which of the following is an accurate statement regarding Alternative Dispute Resolution (ADR)?

a. It is a much slower process than litigation.

b. It keeps the parties involved talking rather than fighting.

c. It tends to be more expensive than litigation.

d. It only takes place in federal courts.

QUESTION 24 : Of all forms of dispute resolution, which one probably offers the strongest "win-win" potential because its goal is voluntary settlement?

a. jurisdiction

b. mediation

c. litigation

d. arbitration

QUESTION 25 : The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder. Because of this, the legal system in the United States is considered

a. an adversary system.

b. a conflict system.

c. a mediation system.

d. an alternative dispute resolution system.

QUESTION 26 : When an appeal is filed with the U.S. Supreme Court, the Supreme Court

a. must hear the case if the validity of a federal statute is in question.

b. has discretion as to which cases it hears.

c. must hear the case if two or more U.S. courts of appeals have decided the legal issue differently.

d. must hear all cases.

QUESTION 27 : A party that wants the Supreme Court to review a lower court ruling must

a. present a non obstante veredicto.

b. file a petition for a writ of certiorari.

c. present a motion to dismiss.

d. file a petition for a voir dire.

QUESTION 28 : Assume that in December 2006, the Environmental Protection Agency (EPA) filed an administrative complaint against Marlin Firearms Co. alleging that the company exceeded chromium emissions limits. The EPA proposed a $257,162 fine. Which statement is correct concerning the administrative agency adjudication?

a. A jury decides the matter.

b. The parties are not represented by attorneys.

c. The Federal Rules of Criminal Procedure govern the admissibility of evidence.

d. The losing party has a right to appeal.

QUESTION 29 : Administrative agency rules consist of

a. informal and "notice and comment" rules.

b. promulgated and unpromulgated rules.

c. legislative and interpretive rules.

d. executive and independent rules.

QUESTION 30 : Psychologist Holtz is working with a patient, Rebecca, who has expressed the intention to seriously harm two of her acquaintances. If you apply the principle set forth by the Supreme Court of California in the Tarasoff v. Regents of the University of California case, Psychologist Holtz

a. is in a special relationship with patients, and this relationship creates a privilege of confidentiality between the communicants.

b. has a duty to exercise reasonable care to protect foreseeable victims of Rebecca's violence.

c. has, because of the bystander rule, no duty to warn the foreseeable victims about Rebecca's expressed intention to harm them.

d. will be held to a strict duty of care and will be held liable for any victim's injuries if Holtz failed to warn them of Rebecca's potential violence toward them.

QUESTION 31 : The Environmental Protection Agency was investigating whether Exgrow, Inc. violated the Clean Air Act. Exgrow refused to give the EPA its computerized reports concerning pollution. To get the reports, EPA should use

a. a stare decisis.

b. a de novo.

c. an excaliber.

d. a subpoena ducestecum.

QUESTION 32 : SharCo and Blyron Productions are each applying for a television license. In deciding which applicant is better qualified, the FCC will hold an initial hearing before

a. the OSHA.

b. an administrative mediator.

c. an administrative law judge.

d. a House-Senate Conference Committee.

QUESTION 33 : Bert had his driver's license suspended by the state department of transportation. He believes his constitutional due process rights were violated by the administrative agency. Can he immediately file a court action to have agency's actions reviewed?

a. No. A court of law does not have jurisdiction to review an administrative agency's actions.

b. Yes. Bert must specifically allege his constitutional rights have been violated and file a court action in federal court - not a state court.

c. No. Bert must first exhaust all possible appeals within the agency itself before he seeks judicial review by a court.

d. Yes. A court has the jurisdiction to immediately review an agency's alleged unconstitutional action.

QUESTION 34 : Which statement is correct concerning judicial review of an administrative agency's action?

a. Courts substitute their opinion for that of the agency.

b. Courts usually accept the facts of the case as determined by the agency and often defer to the agency's interpretation of the law.

c. Courts ignore the facts of the case.

d. Courts conduct a de novo review of the case.

QUESTION 35 : The last protected trait added by Congressman Smith of Virginia to the bill which became Title VII of the Civil Rights Act of 1964 was

a. sexual orientation.

b. race.

c. national origin.

d. sex (gender).

QUESTION 36 : Statutory law is to legislative bodies as common law is to

a. administrative regulations.

b. rulemaking.

c. agencies.

d. courts.

QUESTION 37 : The U.S. Supreme Court was asked to decide whether same-sex sexual harassment is a violation of Title VII of the Civil Rights Act. This law forbids discrimination in employment on the basis of sex. In interpreting statutes, the court may use all of the following EXCEPT

a. the plain meaning rule.

b. legislative history.

c. public policy.

d. enabling legislation.

QUESTION 38 : If in 1900 the Minnesota Supreme Court ruled that a minor can void a contract at any time during minority and, in 2014, the courts in Minnesota still follow this ruling, this is an example of

a. stare decisis.

b. statutory law.

c. enabling legislation.

d. the bystander rule.

QUESTION 39 : The Consumer Product Safety Commission (CPSC) is an independent administrative agency. Which statement is correct about the chairperson?

a. The chairperson cannot be fired by the President since the CPSC is an independent agency.

b. The chairperson has a lifetime appointment and cannot be fired.

c. The chairperson can only be fired by the President for good cause.

d. The chairperson serves at the whim of the President and can be fired at any time.

QUESTION 40 : TECO Coal Corporation is interested in the inspections that the U.S. Bureau of Mines has conducted over the past year. To secure this information, TECO should

a. issue a subpoena ducestecum.

b. assert the substantial evidence rule.

c. make a Freedom of Information Act request.

d. make a de novo request.