QUESTION 1 Which of the following protects people from arbitrary or unreasonable governmental interference with their life, liberty, or property rights? O procedural due process O substantive due process O substantive equal protection O procedural equal protection QUESTION 2 The idea of placing a legal limit on the extent of a negligent person's liability is called cause. O constructive O conditional O proximate O permissible QUESTION 3 The Clause of the United States Constitution holds federal laws to state laws in cases Of conflict between the two bodies of law O Equal Protection Clause; inferior O superior O inferior 0 Due Process Clause; superior QUBH0N4 Which of the following is true of the burden of proof in a criminal trial? Q It must be proof beyond a reasonable doubt. Q It is placed on the defendant, since the defendant has been charged with not only committing a wrong against an individual victim, but a wrong against society as well. 0 It is less than the burden of proof in a civil case. Q It is identical to the burden of proof in a civil case. QUBNONS Sometimes, when a defendant's actions have injured many plaintiffs, their claims may be consolidated into O cross-complaints [O] counterclaims C) class action lawsuit 0 a multistate lawsuit QUBNONG The two traditional defenses to negligence are: C) contributory negligence and comparative negligence O comparative negligence and last clear chance O contributory negligence and assumption of the risk O comparative negligence and assumption of the risk QUESTION 7 In negligence law, the "reasonable person" is O a hypothetical being 0 the plaintiff O the defendant O any member of the trial jury QUESTION 8 TO recover in a negligence suit, the plaintiff must prove that the: O defendant intended to injure the plaintiff and did so via a breach of duty. 0 defendant's breach of duty was the proximate cause of the plaintiff's injuries. O defendant's breach ofduty indirectly caused the plaintiff's injuries. O defendant's actions specifically violated a state statute. QUESTION 9 The is the most widely adopted uniform law. C) Uniform Criminal Code 0 Interstate Commerce Treaty O Uniform Commercial Code O Multistate Criminal Compact QUESTION 10 A new claim stating that plaintiff owes the defendant damages because of harm resulting from the incident alleged in the complaint is called a(n) O counterclaim O affirmative defense 0 cross-claim O motion forjudgment notwithstanding the verdict QUESTION 1 1 In terms of negligence theory, which of the following is true about breach ofduty? O A person is guilty of breach of duty if he or she exposes another person to a foreseeable and unreasonable risk of harm. O The defendant is liable for the plaintiff's injury even if the defendant exercised reasonable care. 0 A breach of duty occurs only when the defendant's actions violate a state or federal statute. O In terms of the liability of a defendant, breach of duty is considered as serious as a criminal offense. QUESTION 12 Conversion is defined as: O intrusion on a person's solitude or seclusion and publishing private facts about a person. O the unlawful taking of or exercise of control over the personal property of another person. O the intentional connement of a person for an appreciable time without the person's consent. O the use of force to drive away a person's customers or employees. QUESTION 13 Torts are wrongs against persons or property. 0 private (civil) 0 private (criminal) 0 public (civil) 0 public (criminal) QUESTION 14 According to the Fourth Amendment to the United States Constitution, a warrant for a search or an arrest cannot be issued without 0 due diligence O probable cause 0 probative evidence 0 reasonable suspicion QUESTION 1 5 The tort of false imprisonment protects: O the right to life. O only the freedom of movement. O both physical and mental interests. O only the freedom from knowledge of connement. QUESTION 16 Rachel saw her sister Rebecca being negligently hit by a car. Rachel rushed to help Rebecca and later accompanied her to the hospital. Unfortunately, several hours later Rebecca died. Rachel, who received psychiatric treatment because of the traumatic experience, sued the car driver for negligent infliction of emotional distress. What is the most likely outcome of the case? O Rachel will not recover because she was not within the "zone of danger" created by the negligent act. 0 Rachel will recover damages for battery since her sister was the accident victim. O Rachel will not recover because she suffered only emotional trauma with no visible signs of physical injury. O Rachel will recover because she witnessed the accident. QUESTION 17 Stare decisis means to: O adhere to decided cases. O enforce a standard of strict liability. O examine the likely outcome of a particular judicial decision. C) be both rm and fair in judicial decision-making. QUESTION 18 When a defendant's behavior indicates a "conscious disregard for a known high degree of probable harm to another," the defendant is responsible for O strict liability O recklessness O absolute liability O negligence QUESTION 19 Which of the following statements iS true about the Federal Sentencing Guidelines? 0 They are designed to establish consistent sentences for state crimes. O Judges are supposed to use a formula based on issues such as the seriousness Of the crime and the defendant's criminal record. O They specifically mandate lenient penalties for white collar crimes. since they are nonviolent criminal offenses. Q The United States Supreme Court has held that the Federal Sentencing Guidelines are mandatory; accordingly, judges cannot review sentences for reasonableness. QUESTION 20 The Fifth Amendment to the United States Constitution includes the O Prohibition against double jeopardy O Prohibition against excessive bail or nes O exclusionary rule O right of confrontation QUESTION 21 The United States Supreme Court: O decides all Of the cases appealed to it. Q decides most of the cases appealed to it. Q decides only a small percentage of the cases appealed to it. Q defers to the decision of the U.S. court of appeals in the event of a concurring opinion. QUESTION 22 Courts use rational basis analysis when reviewing legislation restricting classifications. interests or discriminating on the basis of O economic; nonsuspect O noneconomic; suspect 0 economic; suspect O noneconomic; nonsuspect QUESTION 23 What are the three primary powers of independent administrative agencies? 0 investigative, nullification, and appellate O investigative, rule-making, and adjudicatory O rule-making, nullification. and appellate O rule-making, adjudicatory, and executive veto QUESTION 24 What is a white-collar crime? 0 It is a nonviolent crime committed by any individual against businesspersons and organizations. 0 It is a violent terrorism-related crime that poses signicant threat to the general public. 0 It is a nonviolent crime committed by businesspersons and organizations. C) It is a violent crime committed by any person belonging to a lower social class. QUESTION 25 Salim files a case against Nina for nonpayment of a debt. Before the trial, Nina is examined under oath in the presence of Salim's attorney. This process of examination is known as a(n) . O deposition O interrogatory O pretrial conference O direct examination QUESTION 26 Which of the following activities would most likely result in the defendant's strict liability ifa plaintiff is injured? O Blasting rock with dynamite in a lot adjacent to the plaintiff's home O Keeping a pet poodle that aggressively barks at strangers O Replacing a roof on a home with the plaintiff's assistance O Driving with a revoked license and colliding with the rear of the plaintiff's automobile QUESTION 27 Adia files a lawsuit against Chang in an Ohio court. Chang, a citizen and resident of neighboring Indiana, has never visited Ohio and has no personal ties with anyone in Ohio. Chang can successfully argue that the Ohio court. O lacks personaljurisdiction. O has legal reciprocity with Indiana, the state where Chang resides. O must defer to the jurisdiction of a federal district court. O lacks standing to hear the case, since the case involves diversity of citizenship. QUESTION 28 In actions for malicious prosecution and for wrongful use of civil proceedings, a plaintiff must show that the: O wrongfully brought suit did not terminate in his favor. O suit was brought with probable cause. O suit was brought for an improper purpose. 0 wrongfully brought suit terminated in the defendant's favor. QUESTION 29 Which of the following is true regardingjudicial precedent? O The highest appeals court in a jurisdiction can overrule a precedent case, but this does not occur frequently. 0 The highest appeals court in a jurisdiction can overrule a precedent case, and this occurs frequently. 0 The highest appeals court in a jurisdiction cannot overrule a precedent case, due to stare decisis. O The highest appeals court in a jurisdiction cannot overrule a precedent case, due to caveat emptor. QUESTION 30 Which of the following is a correct statement regarding public policy and legal interpretation? O Judges may look to general concepts of public policy when interpreting legal rules. Q There is a precise definition of what constitutes public policy. O In determining what constitutes public policy, a judge may not consider what the majority of the population thinks is best. 0 In determining what constitutes public policy, a judge may not consider his or her subjective (i.e.. personal) views regarding what is best for society. QUESTION 31 Generally, people who do not do what a statute requires are considered to be O strictly liable O grossly negligent O extremely reckless O negligent per se QUESTION 32 Which Of the following is a feature Of the Fourteenth Amendment to the US. Constitution? Q It does not apply to substantive due process. Q It prohibits any state from arbitrarily discriminating against persons. Q It applies only to the federal government. C) It does not apply tO procedural due process. QUESTION 33 Alexander has been charged with armed robbery ofa convenience store in Portland, Oregon. He retains attorney Lewis A. Clarke, III to represent him, and while preparing his defense, Alexander confesses to attorney Clarke that he did indeed rob the liquor store. Which of the following is true regarding Alexander's confession to Clarke? Q It is protected as a professional courtesy, and Clarke is prohibited from divulging this information to the prosecution and the court. Q It is protected by the attorneyclient privilege, and Clarke is prohibited from divulging this information to the prosecution and the court. O Pursuant to the attorneyclient privilege, just like Alexander had the privilege to decide whether to divulge this information to his attorney, attorney Clarke also has privilege to decide whether to divulge it to the prosecution and the court. O Since the confession relates to a criminal matter, it is not protected by the attorneyclient privilege, and in the interests ofjustice, attorney Clarke must divulge it tO the prosecution and the court. QUESTION 34 Which of the following is true regarding whether individual behavior can be considered criminal? O Only the United States Congress can declare an act a crime. O Only the state legislatures can declare an act a crime. Q Both the United States Congress and the state legislatures can make an act a crime, but defendants are only subject to the criminal law of either the federal or the state criminal justice system (determined by which system indicts the defendant first.) Q Both the United States Congress and the state legislatures can make an act a crime, and defendants are subject to the criminal laws of both the federal and state criminal justice systems. QUESTION 35 The freedom of speech granted by the United States Constitution is an example of_ O civil law O substantive law O criminal law O procedural law QUESTION 36 Violetta was injured in an automobile accident while riding with Alfredo, the driver, who she knew was intoxicated. A court would likely regard this as: O contributory negligence. O assumption of the risk. O last clear chance. O comparative negligence. QUESTION 37 The Sarbanes-Oxley Act: O raises the penalties for illegal behavior. O gives corporations greater freedom from government control. O adopts the theory of allocational efficiency. O motivates executives to inate reports of corporate profits. QUESTION 38 The Takings Clause ofthe United States Constitution is triggered by the power of O eminent domain O res ipsa loquitur O adverse possession O equal protection QUESTION 39 A rule of law enabling a defendant to win even if all of plaintiff's allegations are true is a(n) O counterclaim O affirmative defense O deposition O judgment notwithstanding the verdict QUESTION 40 An intervening cause, which happens after the defendant's negligent act and contributes to the plaintiff's injury, can excuse the defendant from liability if it: Q could have been reasonably anticipated. O was remotely related to the plaintiff's injury. O was unforeseeable. O was an intentional tort. QUESTION 41 Pursuant to the , evidence resulting from unreasonable searches and seizures cannot be used in criminal prosecutions O preponderance of the evidence requirement O prohibition against double jeopardy O exclusionary rule 0 Miranda warning QUESTION 42 The states retain the exclusive power to regulate commerce. 0 intrastate O interstate O international O All of the choices are correct. QUESTION 43 Esther is upset with her roommateJulio because he refuses to clean up after himself. In a fit of rage, Esther tries to hit him on his head, but she misses. At the time,Ju|io was turned away from Esther and was completely unaware that she tried to hit him. In this situation, O Esther is liable only for battery O Esther is liable only for assault O Esther is liable neither for battery nor assault O Esther is liable for both battery and assault QUESTION 44 Under strict scrutiny analysis, to demonstrate that a government action is constitutional, the government must demonstrate that O its action bears a rational relationship to its desired end. O it is pursuing a compelling government interest in the least intrusive manner. C) it is pursuing a governmental end in the most intrusive manner. O there is no restriction on commercial speech. QUESTION 45 If the United States Congress enacts a federal statute regulating the sale of automatic weapons and Kentucky passes a state law that conflicts with the federal law, Kentucky's law is said to be: O impliedly preempted. O void-for-vagueness. O expressly preempted. O prevailing. QUESTION 46 Generally, the role of appellate courts is to: O rehear the testimony of trial court witnesses. O establish new facts for all cases. 0 accept the ndings of the trial court unless there is proof beyond reasonable doubt that the trial court either committed an error of law or abused its discretion. O review the proceedings in the trial court and correct legal errors made by the trial judge. QUESTION 47 The United States Supreme Court requires that actual malice be proved when: O public officials sue the media for false and defamatory statements. 0 public officials are found strictly liable for a crime. 0 individuals sue public gures for assault or battery. O individuals sue the media for publishing negative statements of their favorite public figures. QUESTION 48 Common law arises when: 0 courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule. O constitutional statutes are found to interfere with the freedom of expression. 0 there are statutes and other sources of law establishing a particular rule and the courts decide to improvise this existing statutory law. 0 the government wishes to encourage certain kinds of investments. QUESTION 48 Common law arises when: O courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule. 0 constitutional statutes are found to interfere with the freedom of expression. 0 there are statutes and other sources of law establishing a particular rule and the courts decide to improvise this existing statutory law. O the government wishes to encourage certain kinds of investments. QUESTION 49 A person whose drunken driving causes the death of another may face: 0 criminal prosecution by the survivors of the victim. 0 both a criminal prosecution by the state and a civil suit for damages by the survivors of the victim. O a civil suit for damages by the state C) either a criminal prosecution by the state or a civil suit for damages by the survivors of the victim, but not both. QUESTION 50 Under the First Amendment to the United States Constitution, commercial speech is: O subject to intermediate scrutiny, unlike political speech. 0 completely suppressed, regardless of whether it is misleading or truthful. O subject to strict scrutiny, just like political speech. O completely unregulated, unless it is expressed in writing