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Question 1.1. (TCO 1) The power of government to regulate is sometimes referred to as (Points : 3)
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preemption.
jurisprudence.
jurisdiction.
supremacy.
federalism.
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Question 2.2. (TCOs 3, 5, and 6) Punitive damages are also known as (Points : 3)
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special damages.
medical damages.
personal damages.
exemplary damages.
extraordinary damages.
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Question 3.3. (TCOs 3, 5, and 6) A type of deed in which the grantor makes no representations is a (Points : 3)
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quitclaim deed.
warranty deed.
grant deed.
None of the above
All of the above
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Question 4.4. (TCOs 10 & 11) Which of the following is not found in a complaint? (Points : 3)
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Caption
Allegations
Denials
Prayer
Signature of attorney
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Question 5.5. (TCOs 1 & 2) The theory is based on the belief that laws are created by men, and are therefore subject to pitfalls created by men. (Points : 3)
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The natural theory of law
Legal positivism
Legal realism
Jurisprudence
All of the above
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Question 6.6. (TCOs 1 & 2) Which of the following is not a pretrial motion in a criminal trial? (Points : 3)
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Motion to dismiss
Motion to suppress evidence
Motion for a change of venue
Motion for a grand jury
None of the above
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Question 7.7. (TCOs 1 & 2) Juries in criminal cases must render a unanimous verdict because (Points : 3)
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the Constitution requires it.
a person’s liberty is at stake.
juries are in the best position to decide if someone is guilty.
Both a and b
None of the above
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Question 8.8. (TCOs 3, 5, & 6) A contract is only legally binding if (Points : 3)
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the parties want it to be.
the parties have signed the contract.
all elements of a contract are met.
None of the above
All of the above
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Question 9.9. (TCOs 3, 5, & 6) Corporations are formed by filing which document with the secretary of state? (Points : 3)
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Bylaws
Articles of incorporation
Stock permit
Partnership agreement
Shareholder agreement
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Question 10.10. (TCOs 1 & 2) Criminal defendants are not required to present evidence unless they claim _____. (Points : 3)
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self-defense
insanity
intoxication
Both A & B
None of the above
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Question 11.11. (TCOs 8 & 11) Which of the following are not secondary sources? (Points : 5)
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Treatises
Ordinances
Digests
Periodicals
Form books
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Question 12.12. (TCOs 8 & 11) Before comparing your facts and issues with case law, it is important that you properly identify (Points : 5)
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important precedent.
facts and issues in your client’s situation.
judicial history.
the question presented.
explanatory facts.
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Question 13.13. (TCOs 8 & 11) The thesis paragraph should not (Points : 5)
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set forth the client’s problem.
state the legal issue.
explain in detail the legal rules governing the issues.
state the legal conclusions.
None of the above
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Question 14.14. (TCOs 8 & 11) A topic sentence (Points : 5)
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is another term for thesis paragraph.
can be used in lieu of a thesis paragraph.
introduces issues or subissues and connects them back to the thesis paragraph.
All of the above
None of the above
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Question 15.15. (TCOs 8 & 11) Consumer protection legislation (Points : 5)
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was developed largely as a response to marketing practices and changes in technology.
was developed as a result of consumer pressure for laws regulating manufacturers.
was developed as a result of pressure by manufacturers for regulation.
is a right guaranteed under the U.S. Constitution.
None of the above
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Question 16.16. (TCOs 8 & 11) Legal research finding tools include: (Points : 5)
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Legal Dictionaries
Legal encyclopedias
Statutes
All of the above
None of the above
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Question 17.17. (TCOs 8 & 11) Some secondary sources are referred to as (Points : 5)
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annotations.
dictionaries.
finding tools.
research manuals.
indexes.
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Question 18.18. (TCO 7) When transacting business online, one of the best ways to protect yourself from being a victim of identity theft is (Points : 5)
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to not pay for anything online.
to not provide your entire social security number on any website.
to use a fake name when buying something.
to not give out your e-mail address and then not be traced.
None of the above
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Question 19.19. (TCOs 10 & 11) In preparing a first draft of a legal document, you should (Points : 5)
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reread the directions.
begin in a logical fashion.
complete one section before moving on to another section.
periodically go back and reread directions.
All of the above
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Question 20.20. (TCO 7) What is the value of the trademark and why do businesses want to protect them? Choose the best answer. (Points : 5)
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Businesses like to have a cool design.
A trademark really has no value.
Trademarks often evoke the name of the business.
A trademark usually denotes value and quality.
None of the above
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Question 21.21. (TCOs 4, 9, and 11) Advantages of alternative dispute resolution include: (Points : 5)
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You are picking your own judge
It can save parties time and money
You can use a free attorney
All of the above
None of the above
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Question 22.22. (TCOs 10 & 11) Filing an unjustified criminal complaint against an individual leads to the tort of (Points : 5)
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negligence.
civil-rights violation.
malicious prosecution.
slander per se.
fraud.
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Question 23.23. (TCOs 3, 5, & 6) An advantage of a corporation is (Points : 5)
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limited liability for the owners.
unlimited life of the corporation.
ease of transferability of ownership interests.
All are advantages of a corporation.
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Question 24.24. (TCOs 10 & 11) Which of the following frequently offer arbitration services? (Points : 5)
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Private judges
The court
The American Arbitration Association
None of the above
All of the above
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Question 25.25. (TCOs 4, 9, and 11) Labeling of consumer products has proliferated over the last decade from providing nutritional information to risks of use. Name three examples of products that contain such labeling and identify why you believe, or do not believe, that this information is helpful or not helpful to consumers. (Points : 10)
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Question 26.26. (TCO 7) Internet merchants are now using mining software to target your Internet experience by posting advertisements for products and services that are similar to those for which you have searched. Do you find this to be helpful or do you think that it invades your privacy? Why or why not? (Points : 10)
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Question 27.27. (TCO 7) How does the Internet create challenges in protecting a copyright? (Points : 10)
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Question 28.28. (TCOs 8 & 11) What is the purpose of preparing a case brief? (Points : 10)
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Question 29.29. (TCOs 1 & 2) How does the plaintiff in a civil case differ from a plaintiff in a civil case? (Points : 10)
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Question 30.30. (TCO 1) State and federal agencies such as the IRS and the FDA have rules that can have the same force and effect as law. How are those regulations created? (Points : 10)
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Question 31.31. (TCOs 3, 5, & 6) What are the two major defenses to intentional torts? Provide an example of the defense in operation. (Points : 10)
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Question 32.32. (TCO 7) Before a court can resolve a legal dispute, the court must have jurisdiction. What are the the components of jurisdiction and how are they defined? (Points : 20)
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Question 33.33. (TCO 1) What are the limits of the powers of the state governments to make laws? How is your answer affected by your understanding of the supremacy clause, and why do you think the framers of the Constitution placed these limitations? Provide some examples of state laws which are not preempted by federal law. (Points : 20)
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