Reference no: EM13468485

1) The process of critical legal thinking includes which of the following?

a.A judge must specify the issue presented by the case.

b.A judge must identify the applicable law for the case.

c.A judge must identify the key facts in the case.

d.A judge must apply the law to the facts to come to a conclusion that answers the issue presented.

All the above involve the process of critical legal thinking

2)Which of the following is an example of concurrent jurisdiction shared by federal and state courts?

a.Copyrights and trademarks.

b.Bankruptcy.

c.Federal questions.

d.Patents.

e.None of the above, each is considered exclusive federal jurisdiction.

3)There will never be a dissenting opinion filed when the U.S. Supreme Court has issued atn).

a.majority opinion.

b.opinion written by the Chief Justice.

c.unanimous opinion.

d.tie opinion.

e.plurality opinion.

4)When parties to a contract agree upon which state court will have jurisdiction should litigation become necessary, that contract clause is called a:

a.choice-of-law clause.

b.jurisdiction selection clause.

c.standings clause.

d.venue selection clause.

e.forum-selection clause.

5) Which of the following are in the proper order from first to last filed?

a.Reply; cross-complaint; answer; complaint.

b.Answer; complaint; reply; cross-complaint.

c.Complaint; answer; cross-complaint; reply.

d.Complaint; cross-complaint; reply; answer.

e.Complaint; reply; cross-complaint; answer.

6)Which of the following is an example of an executive power granted to an administrative agency?

a.The power to investigate a violation of a statute or administrative rule.

b.The responsibility to determine licensing requirements for pharmacists.

c.The right to issue an interpretive rule.

d.The right to adjudicate a case through an administrative proceeding.

e.The right to issue a substantive rule.

7)In Wilhelm v. Flores, involving a death from bee stings, which of the following sets forth the ruling of the Court of Appeals as to whether a defendant who hires a person to work with bees can be held liable for the failure to warn of the dangers involved?

a.A defendant who had knowledge of the dangers of working with bees can be held liable on a negligence basis for the failure to warn of some dangers, but the danger of anaphylactic shock is too remote for there to be a danger to warn about that.

b.There is no liability for negligence when the unpredictability of animals, birds or bees is involved.

c.Liability would only exist if the defendant was aware that the plaintiff knew nothing about bees and intentionally kept the dangers a secret.

d.There could be no liability whatsoever since it is assumed that if a person agrees to work with bees, they are aware of the dangers.

e.A defendant who has knowledge of the dangers of working with bees can be held liable on a negligence basis for the failure to warn of dangers including the possibility of dying from anaphylactic shock.

8)Bill and Sam get into a heated argument regarding over whether a political candidate has been guilty of fraud. Sam makes a fist and acts as if he is going to hit Bill. Bill is apprehensive of immediate harm, but Sam drops his arm before he actually hits bill and says he was just kidding. Sam also apologizes for any inappropriate behavior. For which tort or torts could Sam be held liable?

a.Assault only.

b.Assault, battery, and negligence.

c.Battery only.

d.Assault and battery.

e.None of the above. Sam could not be held liable for anything because he said he was just kidding and apologized.

9)The proximate cause requirement for a negligence tort is most likely not met where:

a.a customer in a building supply store carelessly drops a small can of paint that breaks open and is ignited from a spark caused when the metal can hits the concrete floor.

b.a patient becomes sick from a doctor carelessly prescribing the wrong medicine.

c.the victim of an accident was aware, prior to the actual accident, that the accident was likely to occur.

d.a customer becomes ill from food that is carelessly packed at a processing plant.

e.a driver injures a pedestrian when rounding a curve at twice the legal speed limit.

10)Probable cause is most directly associated with which step of the criminal process?

a.Arraignment.

b.Plea bargaining.

c.Arrest.

d.Indictment.

e.Jury deliberations.

11)In Atwater v. Lago Vista, Texas, in which a mother sued for alleged violation of her civil rights after she was handcuffed and arrested for a seat belt violation, what did the U.S. Supreme Court decide?

a.The mother's Fifth Amendment rights were violated by the unreasonable seizure of her person.

b.The mother's Fourth Amendment rights were violated by the unreasonable seizure of her person.

c.There was no violation of the mother's Constitutional rights.

d.The mother's First Amendment rights were violated by the stop.

e.There was no violation of the mother's Constitutional rights only because she struck the police officer before he arrested her.

12)To find someone guilty of receiving stolen property, it is sufficient to prove that the defendant:

a.was in possession of stolen property.

b.took part in the wrongful taking of the property and intended to deprive the true owner of the property.

c.knowingly received the stolen property and intended to deprive the true owner of the property.

d.intended to keep the property himself.

e.paid for the property and intends to keep it himself.

13) Which of the following statements is true?

a.The Fifth Amendment guarantee against self-incrimination does not prohibit the taking of fingerprints against a suspect's will.

b.The Fifth Amendment guarantee against self-incrimination does prohibit the taking of fingerprints against a suspect's will.

c.Even if immunity from prosecution has been granted, the defendant may still refuse to testify.

d.The attorney-client privilege is the only privilege that has been recognized under the Fifth Amendment.

e.The guarantee has been extended to include all business records and documents.