1.The power of the courts to declare laws invalid because they violate the Constitution is known as __________________.

A)stare decisis

B)precedent

C)judicial review

D)the separation of powers doctrine

E)none of the above

2.The party who files a civil lawsuit is referred to as the _______________.

A)plaintiff

B)defendant

C)respondent

D)appellant

E)appellee

3.The document issued by a court directing a defendant to respond to the

plaintiff's allegations is called the:________________.

A)petition

B)answer

C)affidavit of service

D) summons

E)temporary order

4.A jury is selected through a process of asking questions and eliminating

biased candidates.This process is called _________________.

A)sequestration

B)venue

C)jurisdiction

D)voir dire

E)discovery

5.The first pleading in a civil case, which is filed by the plaintiff, and contains the

allegations he or she is making against the defendant is called the ______________.

A)petition

B)answer

C)affidavit of service

D)summons

E)temporary order

6.A neutral third party who assists the parties in reaching a mutually acceptable

solution to a legal dispute is a(n): __________________.

A)solicitor

B)arbitrator

C)negotiator

D)mediator

E)none of the above

7.The three branches of our government (executive, legislative & judicial) function

independently of one another.This is referred to as the __________________

doctrine.

A)executive oversight

B)legislative prerogative

C)checks and balances

D)governmental restraint

E)separation of powers

8.Oklahoma has ________ federal district courts.

A)one

B)two

C)three

D)four

E)five

9.Which discovery method involves orally questioning a witness

under oath?____________

A)interrogatories

B)physical examination

C)deposition

D)requests for admissions

E)requests for the production of documents

10.The right to trial is guaranteed by the ____________ Amendment(s) to the US

Constitution.

A)4^th

B)5^th

C)6^th

D)7^th

E)both C and D

11.__________ of nine Supreme Court Justices must vote in favor of granting a writ of certiorari before the Court will hear the case.

A)two

B)three

C)four

D)five

E)six

12.The power of a court to hear a case is referred to as:______________.

A)venue

B)standing

C)stare decisis

D)judicial review

E)jurisdiction

13.The burden of proof in a criminal case is:_______________.

A)preponderance of the evidence

B)beyond a reasonable doubt

C)clear and convincing evidence

D)beyond the shadow of a doubt

E)none of the above

14.Which of the following illustrates diversity of citizenship?___________

A)a lawsuit between citizens of different states

B)a lawsuit between a citizen of one state and a citizen of a foreign country

C)a lawsuit between a state and citizens of another state

D)Both A and B

E)All of the above

15.Federal courts can hear legal matters involving diversity of citizenship and when the amount of money in controversy exceeds ___________.

A)$25,000

B)$50,000

C)$75,000

D)$100,000

E)$150,000

16.Illegal acts committed by people in the context of their occupation involving deceit and concealment are referred to as:_______________ crimes.

A)strict liability

B)public nuisance

C)white collar

D)blue collar

E)none of the above

17.To "qualify" to take FMLA leave, an employee must have worked for his or her employer for at least ______________ months.

A)three

B)six

C)nine

D)twelve

E)fifteen

18.Which of the following is NOT an exception to the employment-at-will doctrine?________

A)the firing of an employee for missing work due to jury duty

B)the firing of an employee for filing a workers compensation claim

C)the firing of an employee for whistle blowing

D)the firing of an employee for failing a random drug test

E)the firing of an employee for refusing to perform an illegal act

19.The Constitutional provision that protects citizens from unreasonable searches

and seizures is found in the _______________ Amendment.

A)Third

B)Fourth

C)Fifth

D)Sixth

E)Seventh

20._______ speech is fully protected under the Constitution.

A)advertising

B)dangerous

C)political

D)commercial

E)none of the above

21.An example of a concurrent power is:____________

A)the power to borrow money on behalf of the government

B)the power to make war

C)the power to tax

D)the power to spend money

E)Both C and D

22.Title VII applies to employers with _____________ or more employees.

A)two

B)ten

C)fifteen

D)twenty

E)fifty

23.The defense of _______________ can be raised at trial if the defendant can

demonstrate that the criminal intent originated with the police.

A)Entrapment

B)Immunity

C)Insanity

D)Assumption of the Risk

E)Necessity

24.A person cannot be tried for the same offense twice according to the ___________

Amendment.

A)Third

B)Fourth

C)Fifth

D)Sixth

E)Seventh

25.The difference between slander and libel is that:______________.

A)libel is a written communication and slander is an oral communication

B)libel is a felony and slander is a misdemeanor

C)libel requires that the plaintiff prove actual damages while slander does not

D)slander is a written communication and libel is an oral communication

E)none of the above

26.The Roach v. Stern case discussed the tort of ______________.

A)assault

B)battery

C)false imprisonment

D)intentional infliction of emotional distress

E)defamation

27.The Court in Mississippi University for Women v. Hogan analyzed a state statute

that excluded ___________ from attending nursing school.

A)women

B)men

C)racial minorities

D)non-citizens

E)none of the above

28.The case, Jones v. Clinton, involved which of the following types of

motions?________________

A)motion to dismiss

B)motion for a directed verdict

C)motion for a new trial

D)motion in limine

E)motion for summary judgment

29.In the case, James v. Meow Media, the plaintiffs argued that _______________

was responsible for the killing of three high school students by Michael Carneal?

A)a song

B)a book

C)a video game

D)a movie

E)Both C and D

30.The section of a court case which identifies the legal question before the court is called the ___________ section.

A)facts

B)issue

C)decision

D)reasoning

E)legal citation

31.When an appellate court "remands" a case, this means that the court:________

A)agreed with the decision of the lower court

B)sends the case back to the lower court for a new trial

C)decides to take no action in the matter

D)determined that no legal error was committed by the lower court

E)none of the above

32.___________ is the particular territorial area within a state in which a lawsuit should be filed and ultimately tried.

A)jurisdiction

B)standing

C)venue

D)district court

E)none of the above

33.A defendant who fails to "answer" the allegations of the plaintiff may have a _________ judgment entered against him or her by the court.

A)declaratory

B)default

C)summary

D)consent

E)none of the above

34.A statute is:__________________.

A)a law passed by Congress

B)a law passed by the legislative body of a state

C)a law passed by a local government or municipality

D)a collection of statutes passed by a legislative body on a particular subject

E)Both A and B

35.A court has____________ jurisdiction if the court has authority over the parties in the case.

A)subject matter

B)personal

C)in rem

D)primary

E)secondary

36.The federal law that regulates the minimum wage and overtime is:__________.

A)The Family and Medical Leave Act

B)The Employee Retirement Income Security Act

C)The Fair Labor Standards Act

D)The Occupational Safety and Health Act

E)The Age Discrimination in Employment Act

37.Oklahoma is part of the ___________ Circuit which is located in Denver, Colorado.

A)1^st

B)3^rd

C)5^th

D)7^th

E)10^th

38.Death penalty opponents argue that the taking of human life by the government violates the ____________ Amendment.

A)4^th

B)5^th

C)6^th

D)7^th

E)8^th

39.The taking of money, personal property or any other article of value from a person by means of force of fear constitutes the crime of:_____________.

A)robbery

B)larceny

C)burglary

D)obtaining goods by false pretenses

E)none of the above

40.Gregory Johnson burned an American flag at the _________________ in the Texas v. Johnson case.

A)Democratic National Convention

B)Libertarian National Convention

C)Republican National Convention

D)Alamo

E)Reunion Tower

41.In Barnes v. Glen Theatre case, dancers at the ________________ challenged an Indiana law prohibiting any person from appearing nude in public.

A)Wanda's Bar

B)Temptations Lounge

C)Night Flight Tavern

D)Kitty Kat Lounge

E)none of the above

42.If a government classification system is based on membership in a suspect class (race, religion, national origin), the Supreme Court will use the _____________ test in analyzing the classification system.

A)rational basis/minimal scrutiny test

B)rational basis with bite test

C)intermediate scrutiny test

D)strict scrutiny

E)none of the above

43.The specified state of mind or intent required for a person to be convicted of a crime is called:_________________.

A)actus reus

B)mens rea

C)criminal negligence

D)Both A and B

E)none of the above

44.The breaking and entering of the dwelling of another at night with the intent to commit a felony is the common law definition of which of the following crimes?_____________

A)robbery

B)larceny

C)burglary

D)obtaining goods by false pretenses

E)none of the above

45.The prosecutor's role in the criminal justice system is to seek:______________.

A)convictions

B)punishment

C)justice

D)fame

E)none of the above

46.The Age Discrimination in Employment Act was enacted to prevent discrimination against applicants and employees who are at least __________ years of age.

A)35

B)40

C)45

D)50

E)55

47.Which of the following is NOT a misdemeanor criminal offense?_________

A)driving under the influence

B)petty larceny

C)possession of marijuana

D)murder

E)all of the above are misdemeanor offenses

48.To obtain a search warrant, a police officer must demonstrate ______________ to a magistrate or judge.

A) reasonable suspicion

B) substantial evidence

C) preponderance of the evidence

D) probable cause

E)none of the above

49.____________ occurs where an employer uses a neutral employment practice that has a significant and negative impact on members of a protected group.

A)disparate treatment

B)disparate impact

C)retaliation

D)quid pro quo

E)hostile work environment

50.The federal law that regulates employer pension plans is:_______________.

A)The Family and Medical Leave Act

B)The Employee Retirement Income Security Act

C)The Fair Labor Standards Act

D)The Occupational Safety and Health Act

E)The Age Discrimination in Employment Act