Reference no: EM131532501

QUESTION 1: Which of the following is most likely to be governed by states' laws?

Interstate highways

Estates, inheritances, wills, and trusts

Copyrights, patents, and trademarks

Treaties with nations

QUESTION 2: The following is an accurate description of state constitutions:

Each state has the exact same form of constitution as prescribed by the U.S. Constitution

State constitutions widely vary in structure but declare exactly the same individual rights as the U.S. Constitution

States are prohibited from having their own constitutions by the U.S Constitution

State constitutions have the same basic three-branch structure but vary in the details of government organization and declarations of individual rights

QUESTION 3: Which of the following is most likely to be primarily governed by federal law:

Real estate conveyances, mortgages, and taxes

Estates, inheritances, wills, and trusts

Copyrights, patents, and trademarks

Noise and nuisances

QUESTION 4: The following describes the common law:

Laws adopted by legislatures

Laws incorporated from foreign jurisdictions

Laws based on constitutional principles

Laws developed by judges for matters not covered by statutes, by which later courts abide

QUESTION 5: In what part of the U.S. Constitution is freedom of speech identified?

Article I

First Amendment

Fifth Amendment

Tenth Amendment

QUESTION 6: The law found to be unconstitutional in Griswold v. Connecticut was:

Repealed by a representative legislature but reinstated by two state courts

Enacted by a representative legislature and upheld by two state courts

Repealed by a representative legislature but reinstated by the U.S. Supreme Court

A common law rule recently developed by state courts

QUESTION 7: The Bill of Rights was:

Part of the original U.S Constitution

Added to the U.S. Constitution during the first Congress to address concerns about protection of individual rights not expressly protected

Rejected during ratification of the U.S .Constitution but individually added as amendments over the course of the next century

Stated as an ideal but never part of the U.S. Constitution

QUESTION 8: In Griswold v. Connecticut, on what basis did concurring Justice Goldberg see authority in the Ninth Amendment for a right of privacy?

The right of free association

Reservation to the people of fundamental rights not expressly stated in the Bill of Rights

Reservation to the states of the power to declare additional constitutional rights

The right of free expression

QUESTION 9: In what part of the U.S. Constitution does an Equal Protection Clause appear?

First and Fifth Amendments

Only the Fifth Amendment

Fifth and Fourteenth Amendments

Only the Fourteenth Amendment

QUESTION 10: The U.S. Supreme Court held that separate public schools were inherently unequal in:

Brown v. Board of Education

Bolling v. Sharpe

Plessy v. Ferguson

Harris v. Davis

QUESTION 11: Use of numerical quotas to achieve racial diversity was:

Held to be unconstitutional in Brown v. Board of Education

Held to be constitutional in Grutter v. Bolinger

Held to be constitutional in Regents of Univ. of Cal. v. Bakke

Held to be unconstitutional in Regents of Univ. of Cal. v. Bakke

QUESTION 12: In what part of the U.S. Constitution does a Due Process Clause appear?

First and Fifth Amendments

Only the Fifth Amendment

Fifth and Fourteenth Amendments

Only the Fourteenth Amendment

QUESTION 13: To what extent is expressive conduct protected by the First Amendment?

Not at all

Government may not restrict expressive conduct unless the conduct is accompanied with spoken or written statements

Government has a freer hand in restricting expressive conduct than the written or spoken word but may not prohibit particular conduct merely because it has expressive elements

Government may not restrict expressive conduct if accompanied with statements

QUESTION 14: To what extent must a religion be well established in history for its practices to be protected under the First Amendment?

It need not be

It must be well-established or logically derived from a well-established religion

It must meet community religious standards

It must meet national religious standards

QUESTION 15: Which of the following does the First Amendment provide with respect to freedom of speech?

"Congress shall make no law . . . abridging the reasonable freedom of speech"

"Congress shall make no law . . . abridging the freedom of speech"

"Congress shall make no unreasonable law restricting the freedom of speech"

"Congress shall protect the reasonable freedom of speech"

QUESTION 16: Which of the following is the most correct description of state public records laws?

They vary in their details but in essence are similar to the federal Freedom of Information Act

There are none

By federal law they must be the same as the federal Freedom of Information Act

They apply only to local governments and not to state government

QUESTION 17: To whom does the federal Government in the Sunshine Act apply?

Federal agencies

Congress

U.S. Supreme Court

U.S. military

QUESTION 18: What was at issue the 1971 U.S. Supreme Court case of New York Times Co. v. United States?

The right of the press to obtain public records

The right of the press to participate in government proceedings

The authority of the executive to obtain court restraint of a publication

The authority of the courts to order the executive to release information

QUESTION 19: Which of the following is the language from the First Amendment regarding the freedom of the press?

"Congress shall make no law . . . abridging the freedom of . . . the press"

"Congress shall make no law . . . restricting the right of the press to information"

"No law shall prohibit the right of the press to full access to information"

"Congress shall protect the reasonable freedom of the press"

QUESTION 20: All of the following can be registered with the U.S. Patent and Trademark Office except:

Trade secrets

Patents

Copyrights

Trademarks

QUESTION 21: What payment does the U.S. Constitution require to the owner when government acquires property through use of eminent domain?

No payment is required if the taking is for public use

Fair market value of what is taken

No payment is required

The value determined by the power doing the taking provided it is not irrational

QUESTION 22: The U.S. Supreme Court has held that local zoning regulations are constitutional if:

They bear a rational relation to the health and safety of the community

They are uniformly applied throughout the state

They do not restrict commercial development

Owners are paid fair market value compensation if the uses of their property are restricted

QUESTION 23: In a corporation the following have the legal authority to make fundamental decisions about corporate existence:

Vice presidents

Shareholders

Partners

Managers

QUESTION 24: Limited liability companies are a popular form of business entity because:

They require no formal organizational steps

They pay no federal taxes

They offer the liability protections of a corporation but there is no tax at the entity level

The entity has no liability

QUESTION 25: The federal rules for general government contracting requirements are the:

Code of Federal Regulations

Federal Acquisition Regulation

U.S. Code of Contracts

Federal Contracting Rules

QUESTION 26: The following is the most accurate description of a public employer's legal right to consider political affiliation in hiring and termination decisions:

It may be considered if the employee's political beliefs with interfere with discharge of public duties in a policymaking or confidential position

It may never be considered

It may only be considered if a statute specifies it as a consideration for the position

It may always be considered if the employee's political beliefs are not the same as the elected officials

QUESTION 27: Under the usual state whistleblower law a public employee:

May always recover damages whenever an employer has caused harm with illegal conduct

Has a right to testify about an employer's trade secrets when the employer has violated the civil rights laws

May be reinstated if terminated for pursuing a legally protected right

May campaign against a employer who is an elected official

QUESTION 28: Title VII of the Civil Rights Act of 1964:

Prohibits employers from discrimination against an individual in employment based religion

Prohibits employees from engaging in political activity while employed

Gives employees the right to retirement benefits

Gives employees the right to form unions

QUESTION 29: The Age Discrimination in Employment Act applies to employees who are at least the following age:

40

50

60

65

QUESTION 30: In a tort claim punitive damages are:

Always recoverable

Recoverable in some jurisdictions under certain circumstances if not arbitrary or irrational

Not recoverable in any jurisdiction

Unconstitutional unless authorized by statute

QUESTION 31: Medical expenses for injuries suffered as a result of someone else's negligence would be considered what kind of damages?

Pain and suffering

Expectancy

Mitigation

Compensatory

QUESTION 32: The Federal Tort Claims Act:

Prohibits all tort claims against a federal employee

Authorizes suits for injury caused by a state employee acting within the scope of employment

Authorizes suits for injury caused by a negligent act of a federal employee acting within the scope of employment

Allows suits only against state supervising officials and not federal employees

QUESTION 33: The Fourth Amendment prohibits

Unreasonable searches and seizures

Arrest without an indictment

Searches and seizures without a court order

Warrants based on probable cause as determined by judges

QUESTION 34: The compilation of all federal rules currently in effect is:

Code of Federal Regulations

U.S. Code

Federal Register

U.S. Code Annotated

QUESTION 35: The federal Administrative Procedure Act was enacted in:

1789

1865

1946

1964

QUESTION 36: An agency rule that explains an agency's understanding of the law or its regulations is known as:

Substantive

Interpretive

Procedural

Appellate

QUESTION 37: An elected public official who improperly applies public property to personal use:

Cannot be prosecuted because elected officials have immunity

May be subject to criminal prosecution for embezzlement

Cannot be prosecuted unless more than $100,000 was taken

Cannot be prosecuted because all public officials have sovereign immunity

QUESTION 38: Local government ethics rules tend to:

Be more specific and more rigorously enforced than at the federal or state level of government

Be more general and aspirational than at the federal or state level of government

Mirror the rules that apply to federal agencies

Be tied to strict criminal sanctions

QUESTION 39: State ethics laws:

Always apply to all state and local officials and employees

Only apply to municipal employees

Vary in their application but usually apply to state public officials and some public employees

Always apply only to elected officials

QUESTION 40: In a mediation:

The dispute is submitted to a third party who issues a binding decision

The parties submit their arguments to a panel that recommends a decision to a judge

A third party leads the parties and their lawyers through a discussion intended to result in a voluntary agreement

A third party gives a non-binding opinion about which of the parties has the better case

QUESTION 41: Injunctive relief is:

A court order that someone do or not do something

An award of damages equal to actual economic loss

A public apology

Only awarded to the government

QUESTION 42: In litigation, the plaintiff:

Is the party initiating the lawsuit with a claim

Is the party against whom the lawsuit is initiated

Is prohibited from seeking relief in the case

Is not a party in the case

QUESTION 43: Which of the following representations by a lawyer to a court during a trial would likely be a breach of the lawyer's professional obligations?

"The state supreme court may have recently ruled against us on this issue, but there are good reasons why this court should adopt a different approach."

"You have heard two conflicting versions of the facts, and I urge you to conclude that my client's version is more believable."

"You have heard two conflicting versions of the facts, and I urge you to conclude that my opponent's version is not credible."

"I have been around a long time and I have had many clients, and I can stake my personal reputation on the fact that my client's testimony is truthful."

QUESTION 44: Under which of the following circumstances may a lawyer disclose a confidential client-lawyer communication?

If the lawyer determines that the disclosure is in the client's best interest

If the client consents

If the lawyer determines that the disclosure is reasonably necessary

Whenever the lawyer chooses to do so

QUESTION 45: A lawyer is licensed to give advice in a specialty area, such as real estate law, only if:

The lawyer passes a state specialty exam and receives specialty certification

The lawyer completes a professional certification course in the specialty

The lawyer passes a federal specialty exam and receives specialty certification

The lawyer is licensed to practice law within the jurisdiction

QUESTION 46: A lawyer who represented the government in a particular matter:

May not represent private clients in the same matter if the lawyer was directly involved in behalf of the government

Is not restricted in representation of private clients in the same matter

May represent private clients in the same matter after one year after the lawyer's government employment terminated

May represent private clients in the same matter if the private clients consent

QUESTION 47: A series of publications that provide a means of checking cases, statutes, and other authority for subsequent and related authority is:

Law Revisions

American Jurisprudence

Shepard's

American Law Reports

QUESTION 48: C.F.R. stands for:

Combined Federal Rules

Code of Federal Regulations

Court Finding Register

Clearinghouse of First Rules

QUESTION 49: In an A.L.R. you would find:

International treaties

State code sections

Articles that summarize and organize federal and state law on particular topics

Administrative rules

QUESTION 50: Local government ordinances are published:

By the local governments and often included in the Municode data base

By the state governments as part of the state code

By the federal government as part of the state codes

In Shepard's