Question 1 Common law is called common law because:
A. It was the law that applied to the common people.
B. It was intended to be applied uniformly and therefore be common among the courts of the various jurisdictions in England. C. It was the law which applied to common everyday situations.
D. Its name comes from the town commons which often surrounded the courthouse.
Question 2 Which of the following is not true regarding common law?
A. The common law of the United States originally came from England.
B. Judges must strictly follow precedent in all cases.
C. A drawback of common law is that legal decisions may be followed after they have become outdated or no longer relevant. D. Common law is called common law because judges in England were intended to apply laws similarly is all jurisdictions, thereby making the law common to all.
Question 3 Which of the following is not one of the three main branches of the U.S. Government?
Question 4 Powers which the U.S. Constitution does not mention: A. Are held both by the states and the federal government.
B. Are reserved to the states.
C. Are reserved to the federal government.
D. Can be delegated by the U.S. Supreme Court to either the states or the federal government.
Question 5 Which of the following is true?
A. Because of the commerce clause, states do not have any power to regulate commerce.
B. In order for the federal government to have power to regulate commerce, that commerce must actually cross state lines.
C. The states' police power gives states the power to regulate intrastate and certain interstate business occurring within their borders.
D. Although a state cannot regulate interstate commerce within its borders, it has full power to prevent interstate business activities within its borders.
Question 6 The collective name for nonjudicial resolution of disputes is:
C. Alternative dispute resolution
D. The people's court
Question 7 The term for jurisdiction based on the location of a piece of property is:
A. Long arm jurisdiction.
B. In personam jurisdiction.
C. In rem jurisdiction.
D. Subject matter jurisdiction.
Question 8 A law passed by a state to give its courts jurisdiction over persons and businesses located in other states in known as: A. Total jurisdiction statute.
B. Venue statute.
C. Long-arm statute.
D. In personem statute.
Question 9 The first step in a lawsuit is when the plaintiff files a:
A. Notice of lawsuit
B. Intent to sue
Question 10 Which of the following is true?
A. Juries issue verdicts and judges enter judgments.
B. Juries can either issue judgments or verdicts.
C. The trial judge cannot change or overturn a jury's verdict once it has been issued.
D. If a case is appealed, the jury will return to hear the case again.
Question 11 The procedure which uses a neutral third party to assist disputing parties reach a resolution is:
C. Fact finding
Question 12 Under law, a tort can be described as:
A. Any violation of an ethical duty.
B. Another term for a crime or misdemeanor.
C. Any action done in violation of a prior agreement which allows the victim to recover damages.
D. A civil wrong which allows the person injured to recover damages.
Question 13 The tort of assault and the tort of battery:
A. Are two names for the same tort.
B. Are strict liability torts.
C. Can occur independently or together.
D. Require proof of each of the separate elements of negligence.
Question 14 Under merchant's protections statutes:
A. Reasonable grounds for detainment are necessary only if the period of detainment is long.
B. The length of detainment is not relevant as long as there is a reasonable grounds for detainment.
C. Any investigations and the period of detainment must both be reasonable.
D. Merchants do not have any ethical responsibility to investigate possible investigations of the suspect because this is the job of the police.
Question 15 The following are required to be proven in a negligence case except:
A. The defendant owed a duty or care to the plaintiff.
B. The defendant was aware of the consequences of his actions when they were done.
C. The defendant breached the duty of care.
D. The defendant was an actual cause, in fact, of the injury to the plaintiff.
Question 16 The doctrine which is applied when a defendant violates an existing statute intended to prevent the injury in question to persons of a class which includes the plaintiff is:
A. Negligence per se.
B. Res ipsa loquitur.
C. Proximate cause statute.
D. Concurrent statutory violation.
Question 17 The tort of fraud requires the following except:
A. A false representation of material fact.
B. Knowledge of the falsity and intent to deceive.
C. Breach of the duty of strict ethical honesty in fact.
D. Justifiable reliance by the deceived party on the misrepresentation.