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Recent Questions by Lucy

  • 2. The right to life, liberty, and the pursuit of happiness

    2. The right to life, liberty, and the pursuit of happiness is stated in what document?
    a. The Constitution
    b. The Maga Carta
    c. The declaration of independence
    d. the 1689 bill of rights.
    I picked answer C.
    3. Stare Decisis is a concept most closely associated with
    a. Common law
    b. codes
    c. legislation
    d. constitution
    I picked answer A
    4. US Supreme Court judges are
    a. elected in nonpartisan elections.
    b. appointed for life.
    c. appointed for six years terms.
    d. elected in partisan elections.
    I picked answer c. appointed for six years terms.
    5. An important aspect of the Magna Carta was that
    A. no free man could be made to pay taxes to a king
    b. no free man could be imprisoned without judgment by his peers.
    c. the common people were given the ability to vote.
    d. the common people were given the ability to own land.
    I picked answer B. no free man could be imprisoned without judgment by his peers.
    6. you're a lawyer preparing for a criminal trial. What should you do to find out more evidence in your case?
    a. Make motions to dismiss the case
    b. sport the issues
    c. engage in discovery
    d. Look at the fact pattern.
    I picked answer C. Engage in discovery
    7. Common law comes from
    a. law that was originally applied only to the poor in England.
    b. political uprisings throughout history demanding governmental concessions.
    c. historical acceptance of conduct approved by courts and not addressed in statues.
    d. common sense law derived from debates of American colonial government.
    I picked answer D. common sense law derived from debates of American colonial government.
    8. The law firm you work for has a client who was in the Gulf war, and now suffers from several illnesses. Sh has been denied disability benefits, and has hired your firm to appeal this decision. Which of the following represents the likely course the litigation would take?
    a. Federal District Court, of Veterans Appeals, Supreme Court.
    b. Court of Veterans Appeals, Court Appeals, Court of Appeals for the Armed Forces, Supreme Court
    c. Court of Veterans Appeals, Court of Appeals for the Federal Circuit, Supreme Court
    d. Court of Veterans Appeals, Court of Federal Claims, Supreme Court.
    I picked answer C. Court of Veterans Appeals, Court of Appeals for the Federal Circuit, Supreme Court.
    9. Citizens are legally bound by law
    a. Only if the law is statutory.
    b. regardless of whether the citizen had actual knowledge of the law.
    c if the citizen had actual knowledge of the law.
    d. if the law is well- known generally.
    I picked B. regardless of whether the citizen had actual knowledge of the law.
    10. Magistrate judges
    a. handle administrative hearings.
    b. help federal district court judges.
    c. are by definition non lawyers
    d. serve as intermediate appellate judges
    I picked answer b. help federal district court judges.
    11. which of the following cases must be tried in state court?
    a. Prosecution of a cruise line for dumping hazardous waste in Chesapeake Bay
    b. A lawsuit against the FAA brought by airplane crash victims' families
    c. A dispute between two Texas residents over ownership of a ranch.
    d. An antitrust case to stop the meter of two large banks.
    I picked C. a dispute between two Texas residents over ownership of a ranch.
    12. A suspect chose to plea bargain rather than have a trial, After one day in prison, he decided he wanted to appeal his case. which of the following can be appeal?
    a, what would have happened at the trial.
    b. Almost nothing, if in his plea bargain he signed away his right to appeal.
    c. How he is treated in prison
    d. The prejudice agains him of the officer who investigated the case
    I picked answer b. Almost nothing, if in his plea bargain he signed away his right to appeal.
    13. The Magna Carte came about as the result of a rebellion against the king by
    a. Commoners.
    b barons.
    c. serfs.
    d. the Church.
    I picked answer d. the Church.
    14. Jevon files an amicus curiae brief. Which of the following is necessarily true?
    a. Jevon was the defendant at the trial court level.
    b. Jevon is appealing the trial court decision.
    c Jevon was the plaintiff at the trial court level.
    d. Jevon isn't a party of the appeal but wants to make his opinion known to the the judges.
    I picked d. Jevon isn't a party of the appeal but wants to make his opinion known to the judges.
    15. In the United States, it's presumed that every citizen____ the law.
    a. knows
    b. believes in
    c votes to uphold.
    d. abides by
    I picked answer A. knows.
    16. Congress passes a law that allows federal prisoners to be tortured as punishment. This would be unconstitutional under which amendment to the US Constitution?
    a. Eighth
    b. Fourth
    c. First
    d. Second.
    I picked answer A. Eighth
  • The basic statutory definition of criminal solicitation is A that

    The basic statutory definition of criminal solicitation is
    A that with intent that another person shall engage in conduct constituting a crime the accused propositions another person to exchange sexual favors for money or other things of material value.
    B that with intent that another person shall engage in conduct constituting a crime the accused solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct.
    C that with intent that another person shall engage in conduct constituting a crime the accused agrees with such other person to engage in such conduct.
    D that with intent that another person shall engage in conduct constituting a crime the accused aids and abets that person to commit the crime.

    According to the court in People v. Lubow, 29 N.Y.2d 58, 323 N.Y.S.2d 829, 272 N.E.2d 331(1971) to complete the crime of solicitation
    A nothing need be done in furtherance of the solicitation to constitute the offense.
    B there must be some act in furtherance of the solicitation to constitute the offense.
    C the attempt at communication must reach the other person.
    D it must be proven by the testimony of two witnesses, or of one witness and corroborating circumstances.

    In People v. Superior Court, 41 Cal.4th 1, 58 Cal.Rptr.3d 421, 157 P.3d 1017 (2007), the court reasoned that:
    A Solicitation alone is sufficient to establish an attempt at the intended crime.
    B Solicitation when combined with some substantial step towards completion of the crime is sufficient to establish an attempt.
    C Solicitation to murder, in combination with a completed agreement to hire a professional killer and further conduct implementing the agreement, can consti-tute an attempted murder.
    D None of the above

    In the commission of each criminal offense there may be several persons or groups that play distinct roles before, during and after the offense. A principal in the first degree is one who, with the requisite mental state
    A engages in the act or omission constituting the crime.
    B is the primary or chief actor.
    C is the earliest in time or order of development of the crime
    D is the actor that originates the general idea or plan of the crime

    In the commission of each criminal offense there may be several persons or groups that play distinct roles before, during and after the offense. A principal in the second degree is one who is present at the commission
    A of a criminal offense
    B of a criminal offense and aids, counsels, commands, or encourages the principal in the first degree in the commission of that offense.
    C of a criminal offense but is not the primary or chief actor
    D but is not the earliest in time or order of development of the crime

    In the commission of each criminal offense there may be several persons or groups that play distinct roles before, during and after the offense. An accessory before the fact is one who
    A knows of the crime before its completion and does nothing to prevent the crime
    B counsels, encourages, or otherwise aids and abets another to commit a felony but who is not present at the commission of the offense
    C is the earliest in time or order of development of the crime prior to the crime being attempted
    D is the earliest in time or order of development of the crime prior to the crime being completed
  • Will U. Shuddup and Lee Mealone agreed that Lee would buy Wills

    Will U. Shuddup and Lee Mealone agreed that Lee would buy Will’s car for $3,500. After they shook hands, Will took out some paper and wrote:

    Contract

    I will sell my car to Lee Mealone for thirty five hundred dollars and Lee will pay me the money when I deliver the car on Monday.

    (signed) Willy

    On Monday, Lee refused to buy the car. Will sued Lee to enforce the contract.

    Do you believe that Will is going to win? Explain.
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