Question 1

Fred Bollow is a state circuit court judge in Missouri. He presides over the case of Edwards v. Romjou. It presents a legal issue over whether Edwards did all that he could do to avoid damages that occurred due to Romjou's breach of contract. This is called "mitigation of damages". The prior Missouri SupremeCourt case of Oswald v. Cottey, held on similar facts that Cottey did not mitigate his damages. As to these facts:

A.Judge Bollow is free to depart from the Oswald v. Cottey decision if the facts are similar and he believes that the decision was incorrectly decided and it would result in a miscarriage of justice.

B.Judge Bollow is free to decide the case any way he wants whether or not it logically follows from the Oswald v. Cottey case.

C.Judge Bollow must apply the law from Oswald v. Cottey if the facts are similar even if he believes that the Oswald v. Cottey case was decided incorrectly and would result in a miscarriage of justice (unfairness and extreme hardship).

D.Judge Bollow must wait for the Missouri legislature and the governor to pass a law that addresses issues raised in the case.

Question 2

Same facts as Question 1 except that there is no Missouri court case that has decided the mitigation of damages issue. But, there is a case decided by the Iowa Supreme Court called Collins v. Grimm where on similar facts, the Court ruled that Grimm did not mitigate her damages. As to these facts:

A.Judge Bollow must apply the law from Collins v. Grimm only if the facts are similar even if he believes that the Collins v. Grimm case was decided incorrectly and would result in a miscarriage of justice (unfairness and extreme hardship).

B.Judge Bollow is free to depart from the Collins v. Grimm decision only if the facts are similar and he believes that the decision was incorrectly decided and it would result in a miscarriage of justice.

C.Judge Bollow must wait for the Missouri legislature and the governor to pass a law that addresses issues raised in the case.

D.Judge Bollow may follow the Collins v. Grimm case if he believes it is persuasive in deciding the facts of Edwards v Romjou.

Question 3

The Kirksville City Prosecutor John Slavin files a criminal lawsuit against David claiming that he violated a City ordinance requiring that he shovel his sidewalk within 2 hours of a snowfall. A Missouri Court of Appeals case has ruled that such requirement violates a statute passed by the Missouri legislature and signed into law by the Governor. As to these facts:

A.The City of Kirksville will win because the city ordinance was passed by majority vote of the City Council.

B.David will win because a statute passed by the state government will take priority over a municipal (city) ordinance.

C.The City of Kirksville will win if the Judge assigned to the case believes that the city ordinance is fair and reasonable and that he had the ability to comply with the ordinance in a timely manner.

D.The City of Kirksville will win unless David can convince the Judge assigned to the case that he was out of state at the time of the snowfall.

Question 4

What are the reasons for or purposes of criminal law:

A.To maintain order in society.

B.To punish the most blameworthy.

C.To provide a remedy of dollar damages for a breach of contract.

D.A and B.

Question 5

Which of the following statements is true:

A.A law setting the speed limit at 55 mph is a substantive law.

B.Laws that set forth what you must do to contest a traffic ticket are substantive laws.

C.Procedural laws set forth a rule of conduct or behavior that is called for or some action that is prohibited.

D.A law setting the speed limit at 55 mph is a procedural law.

Question 6

The term "stare decisis" is latin for:

A.Convict only upon adequate proof.

B.Let the decision stand.

C.Keep your eye fixated on the decimal.

D.The jury will decide.

Question 7

U.S. Speaker of the House Nancy Pelosi and Senate Majority Leader Mitch McConnell and President Trump in a startling showing of bi-partisanship and harmony agree that there should be a federal nationwide requirement that face masks be worn in all public places and the law is passed and signed into law by the President. Governor Kim Reynolds of Iowa remains defiant and continues to enforce an Iowa State law that says that face masks are not legally required. What is the result?

A.The federal law requiring masks will be enforced in Iowa if a judge interpreting the law believes that it is wise move to combat the spread of the corona virus.

B.The federal law requiring masks will be enforced because of the Supremacy clause.

C.The Iowa state law will prevail because it was passed and in effect prior to the federal law under the "first in time" rule.

D.Masks will be required if either city or county governments in Iowa pass a referendum approving of the federal requirement.

Question 8

In which opinion of the Missouri Court of Appeals did Judge Flanigan write "as the excellent brief of the State points out" when referring to the brief written by Assistant Attorney General Scott Templeton?

A.Malady v. State

B.State v. Mischanko

C.Cottey v. Schmitter

D.State v. Whitmill

Question 9

Which is true about "civil law" legal systems:

A.They are unique to England, the United States and former colonies of the British Empire.

B.strictly apply the doctrine of stare decisis.

C.It is a system where all the legal rules are in one comprehensive book or code.

D.It operates the same as a common law system.

Question 10

Which of the following is not a primary source of law:

A.Federal Treaty.

B.State Constitution.

C.Article contained within the University of Missouri Law Review.

D.Rules of an administrative agency published in the Code of Federal Regulations.

Question 11

Which of the following statements is/are true about ethics and the law:

A.So long as a law is imposed by a local government as opposed to federal or state government it will conform to ethical standards.

B.What is legal is always ethical.

C.What is legal is not necessarily ethical.

D.Ethical conduct always imposes negative long term financial consequence to businesses.

Question 12

Which of the following is true about the Foreign Corrupt Practices Act?

A.It was utilized by the Department to Justice to impose a fine on Uber for making payments to police officers in asian countries.

B.It allows grease payments to low level officials in other countries performing ministerial functions.

C.It prohibits grease payments to low level officials in other countries performing ministerial functions.

D.It requires public companies to set up confidential methods for employees to anonymously report unethical or illegal conduct.

Question 13

How can states pass laws allowing the sale of medical marijuana when there is a federal law that makes it illegal to possess or distribute marijuana?

A.State law always takes priority over federal law pursuant to the Supremacy clause.

B.State Supreme Courts have ruled the federal law to be unconstitutional.

C.State laws related to the regulation of public health take priority over federal laws imposing criminal penalties.

D.The United States Department of Justice has made a decision not to enforce the federal law.

Question 14

It is possible for the same facts to justify a criminal prosecution and a civil case formonetary damages.

True

False

Question 15

The common law consists of decisions by courts (judicial decisions) that do notinvolve interpretation of statutes, regulations,

treaties or the Constitution.

True

False

Question 16

In State v. Whitmill, the Missouri Supreme Court held that the trial court improperlyadmitted expert testimony concerning the reliability of

eyewitness identifications.

True

False

Question 17

All laws passed by the Missouri legislature must be within the confines of the MissouriConstitution.

True

False

Question 18

In Brown v. Board of Education, the United States Supreme Court followed the holding ofthe case of Plessy v. Ferguson in strict application of

the doctrine of stare decisis.

True

False

Question 19

The Missouri Supreme Court in State v. Whitmill overruled its prior decision in State v.Lawhorn on the basis of changed circumstances.

True

False

Question 20

Because the Missouri legislature has passed statutes imposing the death penalty forcapital offenses and the system has been held to be

constitutional by the Missouri Supreme Court and the United States Supreme Court, then

imposition of the death penalty is ethical under any and all circumstances.

True

False