1.In order to establish a claim for negligence, the plaintiff must prove all but which of the following?

Multiple Choice

A The defendant breached the duty.

B The plaintiff acted reasonably.

C The plaintiff sustained damages.

D The defendant was the cause of the injury.

E The plaintiff was owed a duty.

What does the so called public disclosure or "television test" mean in regard to ethical considerations?

Multiple Choice

• It requires that actions be discussed with local officials before any action is taken.
• It asks us to consult with the public before any major industry decision is made.
• It suggests that we interact with other people in a manner consistent with the way we would like for them to interact with us.
• It asks us to consider what the world would be like if our decision was copied by everyone else.
• It requires us to imagine that our actions are being broadcast on national television.

If a corporation is being sued by an individual, where is the corporation's residence considered to be?

Multiple Choice

• The state of incorporation only or the plaintiff's home state
• The state where the largest amount of the corporation's employees work
• Any state in which the individual wishes to bring the lawsuit because most corporations do business in every state via the internet
• Any state in which the corporation does business
• The state in which the corporation has its principal place of business or the state of incorporation

A search is unreasonable if the government official conducting the search does not first obtain a _____ from a court.

Multiple Choice

• subpoenaduces tecum
• writ ofhabeas corpus
• court order
• search warrant
• subpoena

To determine whether Congress intended to provide exclusive regulation in a certain area, what will courts look to?

Multiple Choice

• The Due Process Clause of the Fourteenth Amendment to the U.S. Constitution
• The Privileges and Immunities Clause of the United States Constitution
• The language of the statute and transcripts of congressional hearings
• Any oral and/or written evidence that bears a rational relation to the case at hand
• The Dormant Commerce Clause of the U.S. Constitution

Which of the following is true regarding the grand jury system?

Multiple Choice

• Under the U.S. Constitution, a grand jury is required in both state and federal felony cases, but the defendant may waive his or her right to a grand jury.
• Under the U.S. Constitution, a grand jury is required in both state and federal felony cases, and the defendant may not waive his or her right to a grand jury.
• Under the U.S. Constitution, a grand jury is required in federal felony cases.
• The defendant may not waive his or her right to a grand jury.
• Under the United States Constitution, a grand jury is required in state felony cases.