Multiple choice homework
raha_5555
the_current_question.pdf
Exam
QUESTION 1 Stare Decisis can be defined as a Latin term meaning:
A.
Freedom to be free: the theory that law is created by the free expression of humankind and should thereby be respected
B.
The thing speaks for itself: the notion that previous statements of fact are adopted as true
C.
Inherently dangerous: the theory that some acts are so dangerous that negligence is presumed
D.
To stand by a decision: the theory that previous case law is to be respected by other judges in interpreting law
Exam 2
10 points QUESTION 2
The elements of negligence are:
A.
Breach, injury, damages
B.
Breach, damages, causation
C.
Duty, breach, causation
D.
Duty, damages, injury
10 points QUESTION 3
Free speech is:
Exam 3
A. The right to express yourself without government intervention, in any way
you want
B. Expression without restraint
C. The right to perform physical acts or methods of communication that are
harmful to others
D. The right to be protected from undesirable feedback after you
communicate a thought
10 points QUESTION 4 The seminal case Brandenburg v. Ohio set forth the precedent that the
government cannot punish inflammatory speech unless the following threshold element is met:
A. Clear and present danger
B. Hate speech
C. Riot speech
D.
Exam 4
Imminent lawlessness
10 points QUESTION 5
In the seminal case of Jacobellis v. Ohio, United States Supreme Court Justice Potter Stewart famously described obscenity as:
A.
Something created to incite or inflame societies core values
B.
Something that he knew when he saw it C.
Something impossible in these modern times D.
Something giving rise to the prurient interest
Exam 5
10 points QUESTION 6
Laws created to protect journalists and their sources are called:
A.
Proposition 50 B.
Free Hat laws C.
Shield laws D.
Eagle laws
10 points QUESTION 7 Based on our discussions in class, BURGLARY can be defined as:
Exam 6
A. Unlawful taking of an item from another by force or fear
B.
Breaking and entering with the intent to commit robbery or petty theft
C.
Breaking and entering with the with the intent of taking the residence or building as your own
D.
Unlawful entry into the dwelling of another with the intent to commit a larceny or felony therein
10 points QUESTION 8 Based on our discussions in class, ROBBERY can be best defined as:
A.
Breaking and entering with the intent to commit robbery or petty theft
B.
Exam 7
Unlawful entry into the dwelling of another with the intent to commit a larceny or felony therein
C.
Breaking and entering with the with the intent of taking the residence or building as your own
D.
Unlawful taking of an item from another by force or fear
10 points QUESTION 9
The right to privacy of people within the State of California is expressly granted through:
A.
Proposition 50a of 1909 B.
California Constitution C.
Exam 8
United States Constitution D.
Proposition 50a of 1901
10 points QUESTION 10
When a court is not allowed to hear a certain type of matter, that is often because the court lacks:
A.
Liability B.
Civil Procedure C.
Vestment D.
Subject Matter Jurisdiction
Exam 9
10 points QUESTION 11
Personal Jurisdiction over a person by a court concerns:
A.
Whether a person has ever sued in that court before B.
Whether the court can hear certain types of cases C.
Whether a person is liable for their actions given the inherently dangerous activity within which they were engaged
D.
The ability of the court to enter a binding judgment as it relates to the person
Exam 10
10 points QUESTION 12
David has just filed a lawsuit on behalf of himself and his adult son, Tony. David and Tony are both named as Plaintiffs. Tony personally served the lawsuit to the Defendants. Personal service is the preferable method of service in the state where David filed the lawsuit. Was the service successfully completed?
A. YES
B. It depends on whether Tony and David knew where the defendants live.
(hint: this is an incorrect answer)
C. NO
D. It depends on whether Tony knew where the defendants live.
(hint: this is an incorrect answer)
10 points QUESTION 13
Martin, a resident of California, sues David, a resident of Indiana. Martin files the lawsuit in California. To
Exam 11
serve David, Martin mails a copy of the lawsuit to David. Indiana allows lawsuits to be served by mail. Was service perfected by Martin?
A.
Yes, because he used a method allowable in the state where the Defendant resides
B.
Yes, because David could reasonably expect to be hailed into court in California
C.
No, because Martin used a method not allowed for service in California, where the lawsuit was filed
D.
No, because Martin mailed the lawsuit himself.
10 points QUESTION 14
Exam 12
Paula, a resident of Ventura County, sues David, a resident of Los Angeles County, by filing in the Superior Court of the State of California-County of Los Angeles. Is venue proper in Los Angeles County:
A.
Yes, Paula can file in any court she wants B.
No, Paula lives in Ventura County C.
Yes, David lives in Los Angeles County D.
No, David can only be sued in Ventura County
10 points QUESTION 15
Paula, a resident of Ventura County, sues David, a resident of Los Angeles County, by filing in the Superior Court of the State of California-County of Ventura. The
Exam 13
cause of action relates to a car accident that occurred in Los Angeles County, wherein Paula was rear-ended by David. Is venue proper in Ventura County?
A. It depends on whether David had ever been to Ventura County.
B. I'm not sure; more information is needed in order to determine proper
venue.
C. YES
D. NO
10 points QUESTION 16
Don sues Michelle in the Superior Court of the State of California – County of Ventura for breach of contract relating to the purchase of supplies from Michelle for his photo printing business. Michelle wants to sue Don for a car accident from a year ago, wherein Michelle was injured. Must Michelle file the cross complaint in the lawsuit now pending in order to protect her right to
Exam 14
obtain damages from Don?
A.
Yes, both parties must bring all claims against each other at the same time, regardless of whether the claims are related
B.
Yes, Michelle did business with Don, so she must bring all claims now in order to promote swift resolution of all pending cases
C.
No, the claim does not arise from the same cause of action or events and thereby Michelle gets to choose whether to bring her claim as a cross complaint
D.
No, Michelle has exceeded the statute of limitations and thereby cannot recover damages
10 points
Exam 15
QUESTION 17 The most common Motion to Strike seeks to strike what:
Incorrect spelling
Errors in Personal Jurisdiction
Errors in Subject Matter Jurisdiction
Punitive Damages
10 points QUESTION 18
Don was protesting outside of a public library for many months regarding a proposed fee the library intended to charge to ‘borrow’ books. The library sued Don for protesting, claiming he was causing them to lose business. After being served with the lawsuit, Don
Exam 16
should file:
A.
Anti-SLAPP motion B.
SLAPP Back motion C.
Motion for Directed Verdict D.
Motion Notwithstanding the Verdict
10 points QUESTION 19 ______________ is written defamation:
A. Libel
B.
Exam 17
Slander
C. Res Ipsa Loquitur
D. Apostasy
10 points QUESTION 20 _____________ is spoken Defamation:
A. Apostasy
B. Slander
C. Libel
D. Res Ipsa Loquitur
10 points QUESTION 21
Exam 18
The right to privacy is expressly granted in the Bill of Rights of the United States Constitution: True False
10 points QUESTION 22 The are presently only eight (8) seated justices on the United States
Supreme Court. This vacancy in the ninth seat was created by:
A. The retirement of Justice Emeritus John Paul Stevens
B. Action of Judicial Senate
C. Executive Order
D. The death of Antonin Scalia
10 points QUESTION 23 As discussed in our first lecture, the Federalist Party, led by outgoing
President John Adams, forced through the Judiciary Act of 1801 that set forth the "midnight judges" appointment of several Federalist friendly judges and justices of the peace. This was done to:
Exam 19
A. Disrupt laws regarding tariffs
B. Scare the common people by expanding the role of law and order in the
newly formed society.
C. Secure a strong Federalist party legacy.
D. Create a broader judicial branch
