Reference no: EM131141759

1. Money paid by one parent to the other for the purpose of children is known as alimony.

a. True
b. False

2. Annulment of a marriage is when a court declares the marriage is void and that it never existed.
a. True
b. False

3. The principal of the sudden emergency doctrine may excuse an individual from liability.
a. True
b. False

4. Solemnization of the marriage is a ceremony involving common law marriages.
a. True
b. False

5. Bigamy is a civil litigation matter.
a. True
b. False

6. Extortion is a willful and malicious burning of building.
a. True
b. False

7. A judgment on the pleadings can be issued only after the case has been fully litigated.
a. True
b. False

8. An accessory to a crime is a person who is involved in the crime and who is present at the time of the commission of the crime.
a. True
b. False

9. In a trial de novo, the court determines which party may present new evidence.
a. True
b. False

10. Leading questions are never allowed of any witnesses by the examining attorney.
a. True
b. False

11. Larceny is a crime of taking personal property, without consent with the intent to convert it to the use of someone else other than the owner of the property through the use of force or fraud.
a. True
b. False

12. Conspiracy to commit a crime is not a crime unto itself.
a. True
False

13. When a subpoena duces tecum is issued, a witness does not have to testify about the documents that are subpoenaed.
a. True
b. False

14. Only a judge can determine whether or not a jury is hung.
a. True
b. False

15. A response to a request for admission contains facts of the case that the judge may either accept or reject.
a. True
b. False

16. The holographic will is an oral will made by a testator during his last illness, which is later reduced to writing by a person who witnessed the declaration.
a. True
b. False

17. Only "v" and not "vs" can be used for "versus" in a case name.
a. True
b. False

18. A testamentary gift may be accomplished without a will.
a. True
b. False

19. If a letter is addressed to "John Doe, Esq.", the letter's salutation should be "Dear Esq. Doe".
a. True
b. False

20. A verified complaint is a self-contained pleading that sets forth the cause of action.
a. True
b. False

21. The only party that can engage in discovery procedures such as interrogatories or depositions is the plaintiff.
a. True
b. False

22. The legal principle that a person who knows and deliberately exposes herself or himself to danger is known as:
a. Assumption of risk
b. Negligence
c. Absolute liability
d. Breach of duty

23. Under the Uniform Commercial Code, only real property may be subject to a lease.
a. True
b. False

24. Intestate laws are governed by the Uniform Commercial Code.
a. True
b. False

25. Restitution is a type of remedy that may only be sought under contract law.
a. True
b. False

26. A joint tenancy is an estate in land or in personal property held by two or more persons jointly, with rights of survivorship.
a. True
b. False

27. Nuisance is a basis to file a lawsuit under:
a. Contract law
b. Family law
c. Tort law
d. Constitutional Law

28. The types of damages that may be awarded in a tort claim are:
a. Compensatory damages
b. Punitive damages
c. Actual damages
d. All of the above

29. The right of a divorced parent who does not have custody of his child to visit the child at such times and places as the court may order:
a. Merger
b. Equitable distribution
c. Emancipation
d. Visitation rights

30. The act of creating the relationship of parent and child between persons who do not naturally share that relationship:
a. Custody
b. Fraternity
c. Adoption
d. Maintenance

31. When two courts have the power to adjudicate the same manner, or same type of cases, the courts are deemed to have:
a. Equitable jurisdiction
b. Concurrent jurisdiction
c. Conflict of interest
d. Constitutional jurisdiction

32. When a court substitutes a less severe punishment for a harsher punishment, the court engages in:
a. Commutation of sentence
b. Probation
c. Lesser degree offense
d. Equitable justice

33. When a person refuses an offer, this is known as:
a. Rejection
b. Acceptance
c. Revocation
d. Termination

34. The exclusionary rule is a rule that:
a. Prohibits the victim's family members in the courtroom
b. Prohibits the introduction of certain evidence
c. All of the above
d. None of the above

35. The jury will receive jury instructions:
a. At the beginning of the trial
b. Before the jury is impaneled
c. Immediately before jury deliberation
d. None of the above

36. Courts may allow the parties to amend their pleadings for the purpose of:
a. Correcting any errors on the pleadings
b. Withdrawing the plaintiff's petition
c. Request for preliminary hearing
d. None of the above

37. Service of process is the delivery of the summons, complaint, or other processes to the opposing party or other persons entitled to receive such documents. Service may be accomplished by:
a. Mail
b. Publication
c. In person
d. All of the above

38. An enforceable contract is one that can be put into effect and may take the form of:
a. An oral contract
b. An implied contract
c. A written contract
d. All of the above

39. The initial pleading in a civil action in which plaintiff alleges a cause or causes of action is a:
a. Counterclaim
b. Response
c. Cross-action
d. Complaint

40. The degree of proof required in most civil cases for the plaintiff to prevail is called:
a. Judgment on the evidence
b. Clear and convincing proof
c. Preponderance of the evidence
d. Beyond a reasonable doubt

41. Federal and state laws that prescribe the maximum time during which different types of civil actions and criminal prosecutions can be brought are known as:
a. Substantive law
b. Verification
c. Statute of limitations
d. Subject matter jurisdiction

42. A promisor's duty to perform the terms of a contract may be extinguished due to:

a. Liquidated damages

b. Lack of meeting of the minds

c. Lapse

d. Lack of meeting of the minds and Lapse

e. None of the above

43. Testimony that is taken under sworn oath during the pretrial portion of the lawsuit is known as:
a. Interrogatories
b. Discovery
c. Depositions
d. Preliminary hearing

44. Which of the following is not a testamentary instrument?
a. A codicil
b. A trust
c. A will
d. A covenant

45. Service of process is:
a. The filing of pleadings
b. The delivery of legal documents [pleadings, usually]
c. Passage of time before a lawsuit can be filed
d. The manner in which actions begin

46. Real property held for the benefit of another is called:
a. In rem property
b. Trust property
c. Probate property
d. None of the above

47. Community property laws create this type of property ownership.
a. Tenancy in common
b. Joint tenancy
c. Tenancy in its entirety
d. Remainder

48. State statutes that require certain types of contract be placed in writing before they become enforceable are known as:
a. Statute of frauds
b. Statute of convenience
c. Statute of repudiation
d. None of the above

49. A person's Miranda rights are not violated if:
a. The suspect is incarcerated
b. The suspect is not under arrest
c. The suspect is interviewed by the prosecutor
d. The suspect is a juvenile

50. The chain of title of real property reveals the succession of transactions that trace the change of ownership of real property. The chain of title may be proven by:
a. Adverse possession
b. Abstract title
c. Conveyences
d. Warranty deed

51. The executor of the Will does NOT have the power to:
a. Pay the estate's bills
b. Dispose of the estate's property
c. Arrange for funeral services
d. Determine the amount to be paid for child support

52. The type of contract that is imposed by the law in order to prevent unjust enrichment is called:
a. Quasi contract
b. Reformation
c. Requirement contract
d. None of the above

53. The type of land that lies along the bank of the river or stream and lies along the watershed of the river is known as:
a. Eminent domain
b. Riparian
c. Easement
d. Quiet enjoyment

54. What type of hearing determines whether or not probable cause exists to formally accuse a person of a crime?
a. A preliminary hearing
b. An adjudicative hearing
c. An administrative hearing
d. None of the above

55. The state statute that permits state's courts to take jurisdiction over a nonresident is known as:
a. Concurrent statutes
b. Long arm statutes
c. Lis pendens
d. Federal Tort Act

56. The degree of proof needed to convict a person of the crime is:
a. Preponderance of the evidence
b. Clear and convincing proof
c. Proof beyond a reasonable doubt
d. A scintilla of evidence

57. Process by which an action is commenced in a civil case is known as:
a. Petition
b. Service
c. Summons
d. All of the above

58. The legal contract between the owner of real property and a real estate agent for the purpose of selling property is known as:
a. Business contract
b. Recording contract
c. Listing contract
d. Restrictive contract

59. A remainder and a reversion are forms of:
a. Easements
b. Future interest
c. Covenants
d. None of the above

60. In a product liability lawsuit, which of the following factors must occur?
a. The injured party must have purchased the product.
b. The purchased product must have caused the injury.
c. The purchase product must lack warranty labels.
d. None of the above.