Pursuant to the doctrine of stare decisis:

a. A lower court must uphold decisions reached by higher courts of appeal or The Supreme Court

b. A lower court must follow only statutory laws

c. A lower court must follow its own precedent in a later case involving the same issues

d. Common laws must be codified

In which of the following circumstances is a search performed without a warrant unreasonable?

a. The evidence was in danger of being destroyed

b. The evidence was in plain view

c. the officer suspected the person had committed a violent crime

d. the person gave his or her permission

As a result of applying the exclusionary rule during a criminal trial:

a. evidence located by a private party may not be introduced into evidence

b. inevitable discoveries may not be introduced into evidence

c. evidence that an officer seized in good faith pursuant to a warrant that an official issued without adequate probable cause may not be introduced into evidence

d.evidence found as the result of an unlawful search usually may not be introduced into evidence

Which of the following is not true of fraud?

a. the misrepresentation must have the natural tendency to influence the person making a decision

b. fraud may be either civil or criminal

c. an assertively stated opinion may be fraudulent

d.the defendant must know that the statement was false when he or she made it

Which of the following is not one of the elements required to form a contract

a. consideration

b. offer

c. capacity

d. conditions

What are liquidated damages?

a. an amount of damages to compensate for lost profits

b.an amount of damages agreed upon in advance

c.damages fixed by a statute

d. damages for the cost of bringing a lawsuit

What is a mortgage?

a. using real estate as collateral for a loan to purchase that real estate

b. using property as collateral for a debt

c. using real estate as collateral for a debt

d. giving up possession of property to be used as collateral for a debt

How is chapter 11 plan approved?

a. the creditors vote on the plan, and then it is submitted to the court for approval

b. the trustee approves the plan

c. the debtor-in-possession asks the court for approval

d. the court approves the plan, subject to a vote by the creditors confirming the plan.

What is " exempt" property?

a. property that cannot be used as collateral for a debt.

b. property that cannot be taken by creditors without the owner's agreement

c. property that is collateral for a debt, but that is in the possession of the debtor

d.property that is collateral for a debt, but that is in the possession of the creditor

What is replevin?

a. a court order deciding who is the lawful owner of personal property

b. a court order deciding who is entitled to the possession of the personal property

c. a final decision by the court on the amount of money owned

d. a court order deciding who is entitled to the possession of real property

What does a court decide on appeal?

a. whether the trial court followed the proper procedural rules

b. whether the trial court allowed the proper evidence to be heard

c. whether the trial court reached the right conclusion about the evidence

d. whether the trial court commited errors of law

What is judicial arbitration?

a. arbitration that results in a binding award only if one party does not appeal

b. arbitration ordered by a judge

c. a settlement meeting presided over by a judge

d. arbitration that results in a binding award.

What is a durable power of attorney?

a. representation in a criminal trial

b. a power of attorney that stays in effect after a person dies

c. legal review of a contract

d. a power of attorney that stays in effect after a person is incapacitated.