Question 1
2 out of 2 points
| Which of the following is most likely to be primarily governed by federal law: | ||||
| Selected Answer: Copyrights, patents, and trademarksCorrect Answer: Copyrights, patents, and trademarks |
Question 2
0 out of 2 points
| The federal courts that hear appeals from the federal trial courts are called: | ||||
| Selected Answer: Superior courtsCorrect Answer: Courts of appeals |
Question 3
2 out of 2 points
| The following describes the common law: | ||||
| Selected Answer: Laws developed by judges for matters not covered by statutes, by which later courts abideCorrect Answer: Laws developed by judges for matters not covered by statutes, by which later courts abide |
Question 4
2 out of 2 points
| The following is an accurate description of state constitutions: | ||||
| Selected Answer:State constitutions have the same basic three-branch structure but vary in the details of government organization and declarations of individual rightsCorrect Answer:State constitutions have the same basic three-branch structure but vary in the details of government organization and declarations of individual rights |
Question 5
2 out of 2 points
| Which article of the U.S. Constitution addresses the judiciary? | ||||
| Selected Answer: Article IIICorrect Answer: Article III |
Question 6
2 out of 2 points
| In what part of the U.S. Constitution is freedom of speech identified? | ||||
| Selected Answer: First AmendmentCorrect Answer: First Amendment |
Question 7
0 out of 2 points
| The law found to be unconstitutional in Griswold v. Connecticut was: | ||||
| Selected Answer: Repealed by a representative legislature but reinstated by the U.S. Supreme CourtCorrect Answer: Enacted by a representative legislature and upheld by two state courts |
Question 8
2 out of 2 points
| What does the Ninth Amendment provide? | ||||
| Selected Answer: Listed rights are not to be construed to deny or disparage others retained by the peopleCorrect Answer: Listed rights are not to be construed to deny or disparage others retained by the people |
Question 9
2 out of 2 points
| On what basis did the U.S. Supreme Court find that the Equal Protection Clause applied to the federal government? | ||||
| Selected Answer: Combined with due process it is part of basic fairnessCorrect Answer: Combined with due process it is part of basic fairness |
Question 10
2 out of 2 points
| In what part of the U.S. Constitution does an Equal Protection Clause appear? | ||||
| Selected Answer: Only the Fourteenth AmendmentCorrect Answer: Only the Fourteenth Amendment |
Question 11
0 out of 2 points
| In Goldberg v. Kelly the U.S. Supreme Court held the following: | ||||
| Selected Answer: Due process does not require a hearing before welfare benefits can be terminatedCorrect Answer: Welfare recipients must be given an opportunity for a hearing before their benefits can be terminated |
Question 12
0 out of 2 points
| According to the U.S. Supreme Court, to what extent does the First Amendment apply to state laws? | ||||
| Selected Answer: Not at allCorrect Answer: Fully |
Question 13
2 out of 2 points
| To what extent must a religion be well established in history for its practices to be protected under the First Amendment? | ||||
| Selected Answer: It need not beCorrect Answer: It need not be |
Question 14
0 out of 2 points
| Which of the following does the First Amendment provide with respect to freedom of religion? | ||||
| Selected Answer: “Congress shall not interfere with the right of the people to their religious beliefs”Correct Answer: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” |
Question 15
0 out of 2 points
| The U.S. Supreme Court has held that which of the following kinds of expressions may constitutionally be forbidden by state law? | ||||
| Selected Answer: Words that cannot be proved to be trueCorrect Answer: Fighting words that tend to incite an immediate breach of the peace |
Question 16
0 out of 2 points
| What did the Court hold in the 1971 U.S. Supreme Court case of New York Times Co. v. United States? | ||||
| Selected Answer: The press must have free access to public recordsCorrect Answer: The executive did not overcome a presumption against the validity of prior restraints of expression |
Question 17
0 out of 2 points
| Which of the following is the most correct description of state public records laws? | ||||
| Selected Answer: They apply only to local governments and not to state governmentCorrect Answer: They vary in their details but in essence are similar to the federal Freedom of Information Act |
Question 18
2 out of 2 points
| To whom does the federal Government in the Sunshine Act apply? | ||||
| Selected Answer: Federal agenciesCorrect Answer: Federal agencies |
Question 19
2 out of 2 points
| Which of the following is the language from the First Amendment regarding the freedom of the press? | ||||
| Selected Answer: “Congress shall make no law . . . abridging the freedom of . . . the press”Correct Answer: “Congress shall make no law . . . abridging the freedom of . . . the press” |
Question 20
0 out of 2 points
| The U.S. Supreme Court has held that local zoning regulations are constitutional if: | ||||
| Selected Answer: Owners are paid fair market value compensation if the uses of their property are restrictedCorrect Answer: They bear a rational relation to the health and safety of the community |
Question 21
2 out of 2 points
| What must a document contain for it to satisfy the Statute of Frauds with respect to a transfer of an interest in real property? | ||||
| Selected Answer: The signature of the person conveying the property and a property description sufficient to identify itCorrect Answer: The signature of the person conveying the property and a property description sufficient to identify it |
Question 22
2 out of 2 points
| All of the following can be registered with the U.S. Patent and Trademark Office except: | ||||
| Selected Answer: Trade secretsCorrect Answer: Trade secrets |
Question 23
2 out of 2 points
| Lost profits can properly be recovered in a contract case when | ||||
| Selected Answer:The loss is the direct and natural consequence of the breach, the profits were likely to have been earned, they were reasonably foreseeable to the breaching party, and the amount can be shown with reasonable certaintyCorrect Answer:The loss is the direct and natural consequence of the breach, the profits were likely to have been earned, they were reasonably foreseeable to the breaching party, and the amount can be shown with reasonable certainty |
Question 24
0 out of 2 points
| According to the “mailbox rule” a letter accepting a contract offer is effective when: | ||||
| Selected Answer: It is received by the offerorCorrect Answer: It is mailed |
Question 25
0 out of 2 points
| No contract arises if the parties did not in fact agree to: | ||||
| Selected Answer: Terms regarding price, subject, time for delivery, and place of deliveryCorrect Answer: All the material terms |
Question 26
2 out of 2 points
| “Quid pro quo” sexual harassment is: | ||||
| Selected Answer: Occurs when supervisors make adverse employment decisions against employees who deny unwelcome sexual demandsCorrect Answer: Occurs when supervisors make adverse employment decisions against employees who deny unwelcome sexual demands |
Question 27
2 out of 2 points
| An employee who is “at will”: | ||||
| Selected Answer: May be terminated for good cause or no cause, but not for an illegal causeCorrect Answer: May be terminated for good cause or no cause, but not for an illegal cause |
Question 28
0 out of 2 points
| Under the usual state whistleblower law a public employee: | ||||
| Selected Answer: Has a right to testify about an employer’s trade secrets when the employer has violated the civil rights lawsCorrect Answer: May be reinstated if terminated for pursuing a legally protected right |
Question 29
0 out of 2 points
| Which of the following is the most accurate description of a basic requirement of the Americans with Disabilities Act? | ||||
| Selected Answer: All public and all private buildings must be accessible to wheel chairsCorrect Answer: Public areas of buildings must be modified to allow the disabled access to the same services as the non-disabled |
Question 30
0 out of 2 points
| Medical expenses for injuries suffered as a result of someone else’s negligence would be considered what kind of damages? | ||||
| Selected Answer: Pain and sufferingCorrect Answer: Compensatory |
Question 31
2 out of 2 points
| In a tort claim punitive damages are: | ||||
| Selected Answer: Recoverable in some jurisdictions under certain circumstances if not arbitrary or irrationalCorrect Answer: Recoverable in some jurisdictions under certain circumstances if not arbitrary or irrational |
Question 32
2 out of 2 points
| Employers are responsible for the acts of their employees’ negligence: | ||||
| Selected Answer: If the negligent act was within the scope of authority associated with the workCorrect Answer: If the negligent act was within the scope of authority associated with the work |
Question 33
2 out of 2 points
| The Fourth Amendment prohibits | ||||
| Selected Answer: Unreasonable searches and seizuresCorrect Answer: Unreasonable searches and seizures |
Question 34
0 out of 2 points
| An agency rule that explains an agency’s understanding of the law or its regulations is known as: | ||||
| Selected Answer: SubstantiveCorrect Answer: Interpretive |
Question 35
2 out of 2 points
| The compilation of all federal rules currently in effect is: | ||||
| Selected Answer: Code of Federal RegulationsCorrect Answer: Code of Federal Regulations |
Question 36
2 out of 2 points
| The federal Administrative Procedure Act was enacted in: | ||||
| Selected Answer: 1946Correct Answer: 1946 |
Question 37
2 out of 2 points
| The federal Ethics in Government Act applies to: | ||||
| Selected Answer: Federal executive officials and employeesCorrect Answer: Federal executive officials and employees |
Question 38
2 out of 2 points
| An elected public official who improperly applies public property to personal use: | ||||
| Selected Answer: May be subject to criminal prosecution for embezzlementCorrect Answer: May be subject to criminal prosecution for embezzlement |
Question 39
0 out of 2 points
| Local government ethics rules tend to: | ||||
| Selected Answer: Be more specific and more rigorously enforced than at the federal or state level of governmentCorrect Answer: Be more general and aspirational than at the federal or state level of government |
Question 40
2 out of 2 points
| In a mediation: | ||||
| Selected Answer: A third party leads the parties and their lawyers through a discussion intended to result in a voluntary agreementCorrect Answer: A third party leads the parties and their lawyers through a discussion intended to result in a voluntary agreement |
Question 41
2 out of 2 points
| In litigation, the plaintiff: | ||||
| Selected Answer: Is the party initiating the lawsuit with a claimCorrect Answer: Is the party initiating the lawsuit with a claim |
Question 42
2 out of 2 points
| Injunctive relief is: | ||||
| Selected Answer: A court order that someone do or not do somethingCorrect Answer: A court order that someone do or not do something |
Question 43
0 out of 2 points
| Which of the following is the most accurate statement of a lawyers’ obligation under their professional rules with respect to offering evidence to a court that the lawyers know to be false? | ||||
| Selected Answer: They may do so if it is in their clients’ best interestsCorrect Answer: They may not do so |
Question 44
0 out of 2 points
| The lawyers’ rules of professional conduct require that the lawyers’ fee always be: | ||||
| Selected Answer: Not in excess of an amount based on schedules approved by the bar associationCorrect Answer: Reasonable |
Question 45
2 out of 2 points
| A lawyer who represented the government in a particular matter: | ||||
| Selected Answer: May not represent private clients in the same matter if the lawyer was directly involved in behalf of the governmentCorrect Answer: May not represent private clients in the same matter if the lawyer was directly involved in behalf of the government |
Question 46
2 out of 2 points
| Which of the following representations by a lawyer to a court during a trial would likely be a breach of the lawyer’s professional obligations? | ||||
| Selected Answer:“I have been around a long time and I have had many clients, and I can stake my personal reputation on the fact that my client’s testimony is truthful.”Correct Answer:“I have been around a long time and I have had many clients, and I can stake my personal reputation on the fact that my client’s testimony is truthful.” |
Question 47
2 out of 2 points
| Local government ordinances are published: | ||||
| Selected Answer: By the local governments and often included in the Municode data baseCorrect Answer: By the local governments and often included in the Municode data base |
Question 48
2 out of 2 points
| The most commonly used guide to legal citation within the legal community is: | ||||
| Selected Answer: The Bluebook, a Uniform System of CitationCorrect Answer: The Bluebook, a Uniform System of Citation |
Question 49
0 out of 2 points
| Which of the following most accurately describes how state code complications are identified with an abbreviation within the jurisdictions in which they govern: | ||||
| Selected Answer: The phrase “State Laws” is always includedCorrect Answer: The form varies from jurisdiction to jurisdiction |
Question 50
2 out of 2 points
| In an A.L.R. you would find: | ||||
| Selected Answer: Articles that summarize and organize federal and state law on particular topicsCorrect Answer: Articles that summarize and organize federal and state law on particular topics |
Tuesday, March 15, 2016 4:28:21 PM EDT
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