Laws Mid Term Exam

Question 1. 1. (TCOs 1 & 2) The statute of limitations for damages resulting from an automobile accident is an example of (Points : 5)
        civil substantive law.
        civil procedural law.
        criminal substantive law.
        criminal procedural law.
        None of the above

Question 2. 2. (TCO 1) Another term for stare decisis is: (Points : 5)
        precedent.
        common law.
        statutory law.
        initiative.
        referendum.

Question 3. 3. (TCO 1) Which right is not protected by the First Amendment? (Points : 5)
        Freedom of religion
        Freedom of press
        Freedom of assembly
        Freedom from unreasonable searches
        None of the above

Question 4. 4. (TCO 1) State support for religious schools (Points : 5)
        a: is allowable as long as the money is not used for religious purposes.
        b: is unconstitutional because of the entanglement of church and state.
        c: is unconstitutional because it violates the Free Exercise Clause.
        Both b and c
        None of the above

Question 5. 5. (TCO 1) When we study the law, that can include: (Points : 5)
        statutes.
        ordinances.
        agency regulations.
        All of the above
        None of the above

Question 6. 6. (TCOs 1 & 2) Which of the following is not a purpose of criminal law? (Points : 5)
        Deterrence
        Retribution
        Incapacitation
        Rehabilitation
        Mens rea

Question 7. 7. (TCOs 3, 5, and 6) Res ipsa loquitur means (Points : 5)
        breach of duty.
        causation.
        the thing speaks for itself.
        it is proven.
        a reasonably prudent person.

Question 8. 8. (TCOs 3, 5, and 6) Which of the following is not a defense to negligence? (Points : 5)
        Assumption of the risk
        Contributory negligence
        Comparative negligence
        Immunity
        Self-defense

Question 9. 9. (TCOs 3, 5, and 6) A non-profit corporation (Points : 5)
        cannot generate any income.
        always has tax-exempt status.
        cannot distribute any profit to its members.
        Both b and c
        All of the above

Question 10. 10. (TCOs 10 & 11) The ADR proceeding involving an out-of-court hearing before a neutral party who listens to two or more disputing parties and renders a decision resolving the dispute is known as (Points : 5)
        arbitration.
        mediation.
        negotiation.
        mini-trial.
        early neutral evaluation.

Question 11. 11. (TCOs 1 & 2) What type of factors influence the laws and legal system of a given country? (Points : 10)
Question 12. 12. (TCO 1) In what ways are the powers of the federal government and the state government concurrent? (Points : 10)
Question 13. 13. (TCOs 1 & 2) What are the rights afforded a criminal defendant pursuant to due process? (Points : 10)
Question 14. 14. (TCO 1) What clause of the Constitution was used to enable Congress to pass the Civil Rights Act of 1964, and why did they use this clause? (Points : 10) 
Question 15. 15. (TCOs 3, 5, & 6) What would the remedies be to a person who suffers a tortious act? (Points : 10)
Question 16. 16. (TCOs 3, 5, & 6) Intellectual property refers to what type of property? Provide an example of each. (Points : 10)      
Question 17. 17. (TCO 1) What is stare decicis and what is its application in the American legal system? (Points : 20)
Question 18. 18. (TCOs 10 & 11) What are the types of discovery that parties may use in a civil lawsuit? Provide examples of each type of discovery and how it could be helpful to a party’s case? Why is the same type of discovery not allowed in criminal cases? (Points : 20)