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quiza

Page history last edited by PBworks 13 years, 11 months ago

Quiz A

1.

Flag burning has been controversial for many years. Currently, the Unites States Supreme Court states that no restrictions may be placed on flag burning because it is protected as "free speech." If the Federal government wants to stop flag burning, which of the following would be effective methods?

(a) a presidential order banning flag burning

(b) a Constitutional Amendment banning flag burning

(c) a statute banning flag burning

(d) none of the above

2.

Which of the following lawsuits may private individuals bring themselves?

(a) a civil lawsuit

(b) a criminal lawsuit

(c) both A and B

(d) none of the above

3.

Al wants to ensure that a jury will hear his case. He believes they will be sympathetic to his injuries and he will be more likely to win. If he has a jury trial, what types of damages will he be able to seek?

(a) an injunction

(b) specific performance

(c) damages

(d) both A and C

4.

Judge Franklin presides over a state trial court in California. In deciding cases, he is bound to follow the previous decisions of

(a) the California Supreme Court.

(b) the United States Supreme Court

(c) both A and B.

(d) none of the above.

5.

Alex wants to transport hazardous chemicals on his airplane, which he uses to take passengers from Chicago to St. Louis. This practice will be illegal if

(a) a legal treatise condemns it.

(b) a law review article condemns it.

(c) an administrative regulation condemns it

(d) none of the above.

6.

Adrian, who is 15, believes that all people should have the freedom to be out at any hour. He regularly breaks the locally imposed curfew for minors in his town. Adrian's feelings towards the curfew indicate that he is likely a legal

(a) naturalist.

(b) positivist.

(c) realist.

(d) negativist.

7.

Bill, refuses to break a locally imposed curfew for minors. He believes that all laws should be obeyed, regardless of whether or not he agrees with them. Bill is a legal

(a) naturalist.

(b) positivist.

(c) realist.

(d) negativist.

8.

Judge Harkins sees several cases each month involving teens who have broken a locally imposed curfew for minors. Rather than apply the law rigidly to every person brought before him, he carefully considers the facts and circumstances surrounding each case. Judge Harkins is a legal

(a) naturalist.

(b) positivist.

(c) realist.

(d) negativist.

9.

Squire Philip's chickens are eaten by Squire William in England in 1664. If Philip brings a claim to a court of law and wins, what will his remedy most likely be?

(a) damages

(b) an injunction

(c) an order of specific performance

(d) a writ of certiorari

10.

Thomas wishes to seek an equitable remedy in his case against Martin. Martin breached a contract to sell Thomas a farm. If Thomas is allowed to seek an equitable remedy, it will be because

(a) anyone may sue in a court of equity.

(b) remedies at law would be insufficient.

(c) a contract dispute may always be resolved in an equitable action.

(d) a plaintiff may always elect to seek an equitable remedy

11.

Martin breaches a contract to sell his farm to Thomas. If Thomas is allowed to seek an equitable remedy in court and wins his case, which of the following will his remedy most likely be?

(a) cash damages

(b) an injunction

(c) an order of specific performance

(d) a writ of certiorari

12.

Which of the following is most likely to be a case of first impression?

(a) a case involving a murder

(b) a case involving pornography

(c) a case involving the Internet

(d) a case involving banking

13.

Philip is suing William in England in 1744. Philip claims that William hit him with a broom, and is seeking a remedy in a court of equity. The incident occurred six years ago, and at the trial William raises this issue. He is attempting to defend himself with the doctrine of

(a) stare decisis.

(b) laches.

(c) per curiam.

(d) certiorari.

14.

Tom drops a penny off the top of the Empire State Building. It hits Stu, a window washer, and causes him to drop a bucket of dirty water onto the head of Bob, a pedestrian. Bob wishes to sue Tom for battery, which is defined as, "a harmful or offensive bodily contact." What will be the most difficult phase of legal analysis in this case?

(a) identifying key facts

(b) identifying legal issues

(c) applying laws to facts

(d) none of the above

15.

In 1997, the National Conference of Commissioners drafts a model set of laws governing pornography of the Internet. On the day the final draft is ratified by the NCC, which states must follow the model laws?

(a) all states

(b) only states which have adopted the Uniform Commercial Code

(c) only states receiving Federal funding for Internet programs

(d) no states

16.

Assume both a civil and a criminal lawsuit are brought against Bill. In both cases, the jury is about 75% sure that Bill is guilty. Which lawsuit(s) will Bill lose?

(a) the civil lawsuit

(b) the criminal lawsuit

(c) both A and B

(d) none of the above

17.

Assume Frank sues Bill in a civil trial, and Frank wins. Bill decides to appeal the decision. Which statement is accurate?

(a) Bill was a plaintiff and is now an appellant.

(b) Bill was a plaintiff and is now an appellee.

(c) Bill was a defendant and is now an appellant.

(d) Bill was a defendant and is now an appellee.

18.

If the citation for this case is 115 S.W. 2d 338 (1950), it can be found where in the Southwest reporter (second series)?

(a) Volume 115, page 338

(b) Volume 338, page 115

(c) volume 338, page 1950

(d) volume 115, page 1950

19.

After growing up in a dynamite housing project, J.J. went to law school. After a long and distinguished career, he has been nominated to serve on the United States Supreme Court. Which of the following would be an accurate abbreviation of his title?

(a) J.J., J.

(b) J.J., JJ.

(c) J.J., CJ.

(d) J.J., SCJ.

20.

In J.J.'s first case on the bench, the court decides to continue to allow abortions. Five Justices agree that they should be allowed on the grounds that a woman has a constitutional right to privacy. Three disagree. J.J. agrees that abortions should be legal, but he thinks they should be allowed because of 14th Amendment due process, and not a right to privacy. If he writes his own opinion in this case, it will be a

(a) majority opinion.

(b) dissenting opinion.

(c) concurring opinion.

(d) minority opinion.

21.

If the Supreme Court hears an abortion case and upholds their previous abortion decision in Roe v. Wade, they have practiced

(a) per curiam.

(b) deuces tecum.

(c) stare decisis.

(d) en banc.

22.

The Supreme Court has an appeal from a death row inmate. In a one sentence opinion, the Court upholds the lower court. Which phrase describes this opinion?

(a) per curiam

(b) en banc

(c) deuces tecum

(d) stare decisis

23.

At trial, Paul's attorney argues, "Battery is a harmful or offensive bodily contact. Dirty water splashing a man is offensive contact. Therefore, the dirty water splashing Bob in this case constitutes a battery." This type of reasoning is

(a) by analogy.

(b) deductive.

(c) inductive.

(d) linear.

24.

At trial, Bob's attorney argues, "Shooting someone is a battery because the shooter sets a bullet in motion. Splashing someone is no different. Therefore, we have a battery in this case." This type of reasoning is

(a) by analogy.

(b) deductive.

(c) inductive.

(d) linear.

25.

At trial, Bob's attorney argues, "Tom set a penny in motion. Tom is responsible for the penny, which hit Stu. Stu dropped water because of the penny. The water hit Bob. The contact was offensive. A battery is a harmful or offensive contact. Therefore, Tom is responsible for a battery." This type of reasoning is

(a) by analogy.

(b) deductive.

(c) inductive.

(d) linear.

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