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QUESTION 1

Criminal law is concerned with wrongs committed against the society as a whole.

True

False

2 points

QUESTION 2

The process by which a jury is selected is called res ipsa loquitor.

True

False

2 points

QUESTION 3

Arbitration decisions are usually not legally binding.

True

False

2 points

QUESTION 4

The United States Constitution has precedence over state law.

True

False

2 points

QUESTION 5

Substantive law addresses specific rights in a given situation.

True

False

2 points

QUESTION 6

In a tort action, punitive damages may be awarded to punish the defendant.

True

False

2 points

QUESTION 7

Most administrative agencies are part of the Executive Branch of government.

True

False

2 points

QUESTION 8

In order for a statement to be defamatory it must be published in the newspaper.

True

False

2 points

QUESTION 9

A finding by a civil court that a defendant committed a tort will usually result in a prison sentence.

True

False

2 points

QUESTION 10

In a negligence action, professionals are held to a higher duty of care than nonprofessionals.

True

False

2 points

QUESTION 11

Slander involves written communication of defamatory language.

True

False

2 points

QUESTION 12

At the beginning of a trial, only the defendant's attorney is permitted to make an opening statement.

True

False

2 points

QUESTION 13

Libel involves written communication of defamatory language.

True

False

2 points

QUESTION 14

A long arm statute is a state law that permits state courts to exercis jurisdiction over a nonresident defendant.

True

False

2 points

QUESTION 15

The tort of defamation occurs when a person makes any statement that injures another's reputation.

True

False

2 points

QUESTION 16

Stare decisis is not a binding rule; lower courts are free not to follow the decisions of higher courts from within their jurisdiction.

True

False

2 points

QUESTION 17

The highest court in New York State is the New York State Supreme Court.

True

False

2 points

QUESTION 18

A copyright is awarded to inventors.

True

False

2 points

QUESTION 19

Fraud is an intentional misrepresentation.

True

False

2 points

QUESTION 20

An arbitration clause in a contract requires that any dispute concerning the contract be resolved by a mediator.

True

False

2 points

QUESTION 21

Ethical reasoning relating to business:

may focus on defining ethics in terms of duty.

may focus on defining ethical behavior in terms of the consequences that follow from any given action.

both a and b.

none of the above.

2 points

QUESTION 22

Common law is a synonym for:

statutory law

stare decisis

administrative law

law made by judges in case opinions

2 points

QUESTION 23

Regulations are:

enacted by state legislatures

enacted by congress

made by administrative agencies of government executive branches

enacted by the courts

2 points

QUESTION 24

The Federal District Court is also known as:

The Supreme Court

a trial court

courts of appeals

general jurisdiction courts

2 points

QUESTION 25

The Family Court has:

general jurisdiction

Limited jurisdiction

only has jurisdiction over small claims matters.

All of the above.

2 points

QUESTION 26

An arbitrator is a person who:

hears disputes and renders decisions.

helps disputing parties come to a settlement.

represents disputing parties in a lawsuit.

is a judge.

2 points

QUESTION 27

A mediator:

Helps disputing parties come to a favorable settlement.

decides disputes.

is a judge

all of the above.

2 points

QUESTION 28

The Supremacy Clause:

requires that in the event of a conflict between a state law and a federal law, the federal law will prevail.

requires that in the event of a conflict between a state law and a federal law, the state law will prevail.

Requires concurrent jurisdiction in all cases.

All of the above.

2 points

QUESTION 29

The 4th Amendment:

Prohibits unreasonable searches.

Requires a speedy trial in criminal matters.

Ensures the rights of a criminal defendant to legal counsel.

All of the above.

2 points

QUESTION 30

Which of the following is considered unprotected speech?

defamatory speech

Obscene speech

Dangerous speech. Shouting "Fire" in a crowded theater.

All of the above.

2 points

QUESTION 31

The United States Constitution:

specifically recognizes a right to privacy.

included a Bill of Rights from inception.

recognizes "Due Process" in the 5th and 14th Amendments.

All of the above

2 points

QUESTION 32

In the absence of a recognizable injury, the plaintiff in a negligence action:

will be limited to recovering punitive damages.

will be unable to recover anything.

will only be able to recover if he/she can show that the defendants actions

were motivated by spite.

d. All of the above.

All of the above.

2 points

QUESTION 33

In order for a court to exercise valid authority over a case before it:

the defendant must expressly consent.

the court must have jurisdiction

there must be a pretrial hearing

there must be discovery.

2 points

QUESTION 34

Statutory law is a synonym for:

a. stare decisis b. legislative enactments

c. administrative law d. case law/judge made law

stare decisis

legislative enactments

administrative law

case law/judge made law

2 points

QUESTION 35

The power of the federal government to regulate commerce is found in the:

Supremacy clause

the Necessary and Proper clause

the Commerce clause

the internet clause

2 points

QUESTION 36

Select the appropriate definition for each name or phrase

-

Copyright

-

First Amendment

-

Personal Jurisdiction

-

Stare Decisis

-

Eighth Amendment

-

Supremacy Clause

-

Trial courts

-

trademark

-

False imprisonment

-

Subject Matter Jurisdiction

-

Arbitrator

-

Battery

-

Negligence

-

Appellate Courts

-

Mediator

a.

Freedom of speech

b.

prohibits cruel and unusual punishment

c.

Courts of original jurisdiction

d.

The law of binding precedent

e.

Authority of a court to hear a certain type of case

f.

unexcused harmful or offensive touching

g.

Authority of a court over a person

h.

wrongful confinement

i.

A person who hears disputes and renders decisions

j.

Protects creators of literary works

k.

The tort that is based on the "duty of care"

l.

Impartial third party who helps disputing parties come to a friendly settlement

m.

Courts that review trial court decisions

n.

Allows federal law preemption of state law

o.