Question
1.As used in the text, enacted law includes: a.Regulations adopted by administrative bodies b. Opinions of the U.S. Supreme Court c. Statutes d. Ordinances e.
1.As used in the text, enacted law includes:
a.Regulations adopted by administrative bodies
b. Opinions of the U.S. Supreme Court
c. Statutes
d. Ordinances
e. All of the above.
f. Answers a, b, and c above.
g. Answers a, c, and d above.
2.Constitutions:
a. Define the powers of the government.
b. Establish the structure of the government.
c. Define the rights of the people.
d. All of the above.
e. Answers a and c above.
3.In regard to subject matter jurisdiction, the basic types of courts are courts of:
a. Limited jurisdiction
b. Personal jurisdiction
c. Concurrent jurisdiction
d. General jurisdiction
e. All of the above.
f. Answers a, c, and d above.
g. Answers a and d above.
4.Which of the following are courts of limited jurisdiction?
a. United States Tax Court
b. United States District Court
c. State small claims court
d. All of the above
e. Answers a and b above
f. Answers a and c above
5.The object of legal analysis and legal research is to determine:
a. The legal issue(s) raised by the facts
b. What law governs the legal issue(s)
c. How the law applies to the facts
d. What legal remedy is available
e. All of the above
f. Answers a, b and c above
6.A court of appeal may:
a. Hear new testimony
b. Retry the case
c. Take new evidence
d. Review the record of the trial court
e. All of the above
7.The basic principle that requires a court to follow a previous decision of a higher court, when the current decision involves issues and facts similar to those involved in the previous decision, is the doctrine of:
a. Precedent
b. Concurrent jurisdiction
c. Subject matter jurisdiction
d. Stare decisis
e. None of the above
10.When a court in state A looks to a decision of a court in state B when deciding an issue, the decision in state B is:
a. Mandatory authority
b. Concurrent jurisdiction
c. Secondary authority
d. Persuasive authority
e. None of the above
11.The preliminary process of gathering the facts include:
a. Gathering all the relevant facts
b. Organizing the facts
c. Weighing the facts
d. Identifying the key facts
e. All of the above
f. Answers a, b, and c above
12.The law that applies to the issue(s) raised in a client's case may be:
a. An ordinance
b. A constitutional provision
c. A statute
d. A regulation
e. All of the above
f. Answers a, b, and d above
13.he reason(s) for locating the constitutional or statutory law first when researching primary authority is (are) that:
a. The constitutional or statutory provision may answer the question, and reference to other law is not required
b. The court opinion interpreting the law may be included with the constitutional or statutory provision
c. The annotations that follow the constitutional or statutory provision may refer to case law that interprets the law
d. All of the above
e. Answers a and b above
f. Answers a and c above
14.Intellectual honesty includes:
a. an assumption of the law
b. researching and analyzing a problem objectively
c. preconceived notions and personal views
d. analyzing and applying the rule of law
15.Laws passed by local governing bodies, such as city council, are usually referred to as:
a. Legislative acts
b. Codes
c. Statutes
d. Ordinances
e. Answers b and c above
16.To locate state administrative law, refer to the:
a.Code of Federal Regulations
b.United States Code Service
c. Individual state agency
d.United States Code Annotated
e. All of the above
f. Answers a and c above
17.The first step in statutory analysis requires:
a. The identification of the statutory elements
b. A determination of which statute applies
c. A determination of how the statute applies
d. All of the above
e. Answers a and b above
18.The second step of the statutory analysis process requires:
a. A careful reading of the statute
b. A determination of whether the statute provides more than one rule or test
c. A review of all the sections of the statute
d. Identification of the statutory elements
e. All of the above
f. Answers a, b, and d above
19."Wills are valid if they are in the handwriting of the testator and signed by the testator."Here the termandmeans that:
a. Either condition may be present for a will to be valid
b. Both conditions must be met for a will to be valid
c. The use ofandmakes both requirements mandatory for a will to be valid
d. Only one of the conditions must be met for a will to be valid
e. Answers a and d above
f. Answers b and c above
20.The final step of the statutory analysis process requires:
a. The application of the elements to the facts of the client's case
b. A determination of what the statute declares, requires, or prohibits
c. A determination of whether the statute requires more than one rule or test
d. The location of the applicable statute
e. None of the above
21.A case citation may include:
a. Parenthetical information
b. The reporter volume number
c. The reporter page number
d. The reporter name
e. All of the above
f. Answers b, c, and d above
22.The body of a court opinion includes:
a. Facts of the case
b. Headnotes
c. Prior proceedings
d. The court's reasoning
e. All of the above
f. Answers a, b, and d above
g. Answers a, c, and d above
23.Case briefs usually include the following element(s):
a. Facts
b. Prior proceedings
c. Body of the opinion
d. Issue(s)
e. All of the above
f. Answers a, b, and d above
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