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What was the U.S. Supreme Court’s

What was the U.S. Supreme Court’s reaction to a case where a business executive was found guilty of aiding and abetting in the bribery of an Internal Revenue Service Agent even though the Internal Revenue Service agent had been found not guilty of the bribery in a separate trial?
Because one of the defendants had been found guilty, then both should have been found guiIty.
Because of the inconsistent outcomes, a third combined trial was ordered to reconcile the different outcomes.
This simply underscores the fact that there is always the possibility that different juries might reach different results in a given situation.
Because one of the defendants had been found not guilty, they both should have been found not guiIty.
The decisions in both cases were thrown out, making it possible, though not mandatory, that one or both defendants would have to face another trial.
2) The followers of this school of jurisprudential thought are known as realists:
the Sociological School.
the Analytical School.
the Command School.
the Psychological School.
the Critical Legal Studies School.
The school of jurisprudence that believes that free market forces should determine the outcomes to lawsuits is:
The Command School.
The Sociological School.
The Critical Legal Studies School.
The Analytical School.
The Law and Economics School.
4) Which of the following is an example of an equitable remedy?
A remedy that may not be modified from its rigid prescribed form.
A remedy fashioned by a chancery court fashioned to fit the particular situation.
Any remedy granted by the merchant court.
A remedy required to be approved by the law court.
Any remedy issued by a judge.
5) Which of the following is true about the creation of courts in England?
The different types of courts were created in order to handle different types of cases, but the remedies available to the different courts were the same.
The law courts were created to allow remedies that could not be granted by the law courts.
The equity courts were created to allow remedies that could not be granted by the law courts.
The merchant courts were created in order to have more flexibility in fashioning remedies than the chancery courts.
The law courts were created in order to have broader jurisdiction than the merchant courts.
6) Which of the following statements is true about treaties?
Treaties are valid only if they do not conflict with a statute passed by Congress.
The U.S. Constitution provides that the president, with the advice and consent of one-half of the Senate, may enter into treaties with foreign governments.
The U.S. Constitution provides that the president, with the advice and consent of two-thirds of the Senate, may enter into treaties with foreign governments.
The U.S. Constitution provides that the president, with the advice and consent of three-fourths of the Senate, may enter into treaties with foreign governments.
Treaties are valid only if they do not conflict with a statute passed by Congress or any of the state legislatures.
7) A local zoning law is an example of which of the following?
Statutes.
Regulations.
Executive Orders.
Ordinances.
Judicial mandates.
8) The process of critical legal thinking includes which of the following?
A judge must specify the issue presented by the case.
A judge must identify the applicable law for the case.
A judge must identify the key facts in the case.
A judge must apply the law to the facts to come to a conclusion that answers the issue presented.
All the above involve the process of critical legal thinking.
Betty believes that she has been discriminated against because of her sexual orientation. Although federal law does not prohibit this discrimination, Mary believes that the law should be changed in order to make the members of society more accepting of gay individuals. Mary’s beliefs most closely correspond to which school of jurisprudence?
Critical Legal Studies School.
Sociological School.
Natural Law School.
Historical School.
Psychological School.
10) In what year was the U.S. Constitution written?
a. 1812.
b. 1787.
c. 1865.
d. 1776.
e. 1782.
III For which of the following in the U.S. Congress can the number to which a state is entitled change over time?
Neither senators nor representatives.
Both Senators and representatives.
All members of the U.S. Congress.
Representatives.
Senators.
12) In relation to freedom of speech:
commercial speech receives no protection due to its profit motive.
all speech receives the same degree of Constitutional protection.
it is not an absolute right.
commercial speech receives the same protection as any other speech or any person.
most speech critical of the government can be restricted because such speech can be destabilizing.
13) Which of the following is true regarding obscene speech?
Because the definition of obscene is so subjective, it cannot be restricted or prevented.
Obscene speech and offensive speech receive the same degree of protection.
Even though the definition of obscene speech is subjective, if speech is determined to be obscene, it loses all constitutional protection.
It cannot be prevented, but can be subject to time, place or manner restrictions.
The U.S. Supreme Court has set out a clear definition of what speech is defined as obscene and therefore unprotected.
Which of the following types of speech are unprotected meaning that they are not protected by the First Amendment and may be totally forbidden by the government?
Speech that incites the violent or revolutionary overthrow of the government.
Fighting words that are likely to provoke a hostile or violent response form an average person.
Dangerous speech (including such things as yelling “fire” in a crowded theater when there is no fire).
All the above are unprotected speech.
None of the above are unprotected speech.
Which of the following would be a violation of the freedom of religion protections in the U.S. Constitution?
The government preventing the practice of unpopular or fringe religions.
The government establishing a time in school for persons to practice the religion of their choice.
The government promoting a religion as better than other religions.
a and b only.
a, band c.
16) Substantive due process requires that:
a law treat all persons the same.
a notice and hearing be given before one is deprived of life, liberty or property.
a defendant not be tried twice for the same crime.
a criminal defendant have an attorney present at all times.
government statutes, ordinances and regulations be clear and not overly broad.
Assume that the state of Colorado institutes a law requiring that persons from outside the state of Colorado take a skiing exam and obtain a skiing Iicense before bei ng a Ilowed to ski at a down hill resort on ru ns other than the beginner runs. The fee for this license is $75. Colorado residents are not required to get a license because most resident skiers learn to ski properly at an early age. This statute could be challenged under:
the Equal Protection Clause.
the Interstate Commerce Clause.
the Privileges and Immunities Clause.
none of the above because this is an intrastate commerce issue that does not unduly burden interstate commerce.
a, band c.
18) The general jurisdiction trial court in the federal system is called the:
United States Circuit Court.
United States Inferior Court.
United States District Court.
United States Trial Court.
United States General Court.
19) Which of the following is true?
Very important cases are usually initially tried in the U.S. Supreme Court.
In the federal court system, there are usually two levels of appeal by right.
The U.S. Supreme Court chooses to review only half of those cases that it is asked to review.
When a case is appealed, the appellate court usually holds a new trial.
The U.S. Supreme Court chooses to review only a small fraction of those cases that it is asked to review.
Which of the following is an example of concurrent jurisdiction shared by federal and state courts?
Copyrights and trademarks.
Bankruptcy.
Federal questions.
Patents.
None of the above, each is considered exclusive federal jurisdiction.
There will never be a dissenting opinion filed when the U.S. Supreme Court has issued atn).
majority opinion.
opinion written by the Chief Justice.
unanimous opinion.
tie opinion.
plurality opinion.
22) The concept of in personam jurisdiction is that:
the case has been filed at the correct location with the state.
special requirements must be met in non-business cases involving individuals.
a party has a personal stake in the outcome of a particular case.
the court has jurisdiction over the property involved.
a court has the power to make and enforce a judgment against a particular person.
When parties to a contract agree upon which state court will have jurisdiction should litigation become necessary, that contract clause is called a:
choice-of-law clause.
jurisdiction selection clause.
standings clause.
venue selection clause.
forum-selection clause.
Two friends, Mary and Dean, are hiking in the Colorado mountains when a dog being walked by its owner, Wally, who is from Wyoming, bites Dean, causing injury. Mary was not disturbed physically or emotionally but wants Dean to sue Wally. Dean does not want to incur the cost. Which of the following is true?
Whether Mary has standing depends on whether Mary files the suit in state or federal court.
Mary has standing if Wally agrees she can sue instead of Dean.
Mary will have standing only if she files the lawsuit in Wyoming.
Mary does not have standing to sue Wally, the owner of the dog.
Mary has standing if Dean consents to Mary filing the suit.
25) Which of the following are in the proper order from first to last filed?
Reply; cross-complaint; answer; complaint.
Answer; complaint; reply; cross-complaint.
Complaint; answer; cross-complaint; reply.
Complaint; cross-complaint; reply; answer.
Complaint; reply; cross-complaint; answer.
26) In connection with the pleadings in a lawsuit, what is an answer?
The response of the plaintiff to questions posed by the judge.
The response of the defendant to questions posed by the judge.
The response of the defendant to the plaintiff’s complaint.
The response of the judge to the plaintiff’s complaint.
Both a and b.
Live testimony taken under oath before the trial is a discovery device known as a/an:
intervention.
deposition.
interrogatory.
arbitration.
production of evidence.
28) What is “voir dire?”
A discovery method to learn about the other party’s case.
The jury deliberation process in a trial.
The U.S. Supreme Court’s case selection process.
A motion to dismiss a case.
The jury selection process in a trial.
29) The decision made by an administrative law judge is called atn).
a. verdict.
b. order.
c. finding.
d. decree.
e. judgment.
Which of the following is an example of an executive power granted to an administrative agency?
The power to investigate a violation of a statute or administrative rule.
The responsibility to determine licensing requirements for pharmacists.
The right to issue an interpretive rule.
The right to adjudicate a case through an administrative proceeding.
The right to issue a substantive rule.
Brooke has fallen asleep on the beach. Eight guys, who are all friends of hers, get into a circle around her and one gets real close and screams, “snake” into her ear. When she jumps up screaming, they all start laughing at her. What tort, if any, have they committed?
Battery.
Negligent infliction of emotional distress.
Assault.
All of the above.
None of the above.
The doctrine that is applied when a defendant violates an existing statute intended to prevent the injury in question to persons of a class that includes the plaintiff is:
negligence per se.
concurrent statutory violation.
proximate cause statute.
res ipsa loquitur.
negligence res ipsa.
33) A dram shop is another name for:
a factory that illegally uses child labor.
a pharmacy.
a house of i II repute.
a bar or tavern.
a seller of second-hand goods.
In Wilhelm v. Flores, involving a death from bee stings, which of the following sets forth the ruling of the Court of Appeals as to whether a defendant who hires a person to work with bees can be held liable for the failure to warn of the dangers involved?
A defendant who had knowledge of the dangers of working with bees can be held liable on a negligence basis for the failure to warn of some dangers, but the danger of anaphylactic shock is too remote for there to be a danger to warn about that.
There is no liability for negligence when the unpredictability of animals, birds or bees is involved.
Liability would only exist if the defendant was aware that the plaintiff knew nothing about bees and intentionally kept the dangers a secret.
There could be no liability whatsoever since it is assumed that if a person agrees to work with bees, they are aware of the dangers.
A defendant who has knowledge of the dangers of working with bees can be held liable on a negligence basis for the failure to warn of dangers including the possibility of dying from anaphylactic shock.
Bill and Sam get into a heated argument regarding over whether a political candidate has been guilty of fraud. Sam makes a fist and acts as if he is going to hit Bill. Bill is apprehensive of immediate harm, but Sam drops his arm before he actually hits bill and says he was just kidding. Sam also apologizes for any inappropriate behavior. For which tort or torts could Sam be held liable?
Assault only.
Assault, battery, and negligence.
Battery only.
Assault and battery.
None of the above. Sam could not be held liable for anything because he said he was just kidding and apologized.
The proximate cause requirement for a negligence tort is most likely not met where:
a customer in a building supply store carelessly drops a small can of paint that breaks open and is ignited from a spark caused when the metal can hits the concrete floor.
a patient becomes sick from a doctor carelessly prescribing the wrong medicine.
the victim of an accident was aware, prior to the actual accident, that the accident was likely to occur.
a customer becomes ill from food that is carelessly packed at a processing plant.
a driver injures a pedestrian when rounding a curve at twice the legal speed limit.
Probable cause is most directly associated with which step of the criminal process?
Arraignment.
Plea bargaining.
Arrest.
Indictment.
Jury deliberations.
In Atwater v. Lago Vista, Texas, in which a mother sued for alleged violation of her civil rights after she was handcuffed and arrested for a seat belt violation, what did the U.S. Supreme Court decide?
The mother’s Fifth Amendment rights were violated by the unreasonable seizure of her person.
The mother’s Fourth Amendment rights were violated by the unreasonable seizure of her person.
There was no violation of the mother’s Constitutional rights.
The mother’s First Amendment rights were violated by the stop.
There was no violation of the mother’s Constitutional rights only because she struck the police officer before he arrested her.
To find someone guilty of receiving stolen property, it is sufficient to prove that the defendant:
was in possession of stolen property.
took part in the wrongful taking of the property and intended to deprive the true owner of the property.
knowingly received the stolen property and intended to deprive the true owner of the property.
intended to keep the property himself.
paid for the property and intends to keep it himself.
40) Which of the following statements is true?

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