The checks and balances in the US Constitution ensure that the Executive Branch, headed by the President, is

always dominant over the other two

branches of government.

A. True

B. False

2

.

A person who believes in the natural law theory believes that the law should reflect universal ethical and moral

principles that are part of human nature or divine law.

A. True

B. False

3.

Under the First

Amendment, governments can restrict the content of political speech, as long as they have a

compelling interest in doing so.

A. True

B. False

4.

Stare decisis

is the doctrine of separation of powers, so that decisions are not made by a single branch of

government.

A. True

B. False

5.

The US legal system assumes that the best way to find out the truth in a legal claim is for two contesting sides to

present th

eir strongest case to a neutral finder of fact. This philosophy means that the legal system in the US is

based on the adversary model.

A. True

B. False

6

.

A

plaintiff

is a person against whom a lawsuit is filed.

A. True

B. False

7

.

Discovery is a p

rocess for gathering evidence and information in a lawsuit.

A. True

B. False

8

.

Law and equity were ancient concepts in the legal system we inherited from England; in the US, all forms of

equitable relief have been abolished.

A. True

B. False

9

.

Common law is law enacted by legislatures and organized by topic into code books.

A. True

B. False

10

.

Common law, unlike statutory law, does not change over time.

A. True

B. False

2

1

1

.

Jennifer, a resident of Nebraska, slips and falls on the deck

of a cruise ship while it is docked in Alaska. The

cruise ship is owned and operated by Carnival Cruise Lines, a company based in Florida. Jennifer wants to

recover the $12,000 cost of her medical bills incurred at a local Alaska hospital, but Carnival C

ruise Lines refuses

to pay. Assume there is no federal question raised by this case, and also assume that Jennifer hasn't signed any

"choice of forum" agreements limiting where she could sue

-

which of the courts below would have jurisdiction

to hear Rand

i's case?

A. Federal court in Alaska.

B. State court in Alaska.

C. State court in Nebraska.

D. A & B, but not C.

12

.

Which of the following statements is true regarding "obscenity"?

A. It cannot be prohibited, but it can be subject to time, manner and place restrictions.

B. Because the definition of obscenity is so subjective, courts cannot rule that something is "obscene" without

violating the First Amendment.

C. Obscene speech is

anything that is patently offensive, and it is not protected by the First Amendment.

D. Even though the definition of obscenity is subjective, speech determined to be obscene under the Miller test

loses all Constitutional protection.

1

3

.

Xeno, Inc., is

considering moving its manufacturing facility from southern Illinois to Mexico. The stakeholders

in this corporate decision would include:

A. Xeno's shareholders.

B. Xeno's customers.

C. The Illinois community in which Xeno currently operates.

D. Al

l of the above.

1

4

.

The case of

Smith

v.

Jones

is being heard in a Mi

ss

o

uri

circu

it court.

In Missouri, circuit courts are the state's

trial courts, which means

:

A. The

y

ar

e

limited to hearing only certain kinds of cases

.

B. T

hey

hear cases being bro

ught for the first time.

C. T

hey

hear cases in which the court

can

exercise

in personam

jurisdiction, and appellate courts exercise

in rem

jurisdiction.

D. The

y

hear arguments about whether the judge or the jury made a mistake during trial

.

1

5

.

What

authority do federal courts have in reviewing federal agency actions?

A.

Courts cannot overturn rulings of administrative law judges, which are more powerful than federal court

judges.

B.

Courts can review the legal findings of an agency but must give due

deference to factual findings.

C.

Courts hear the case from the beginning and pay no attention to findings of the agency.

D.

None

-

federal agency actions usually

are not reviewable

by courts.

16

.

What do we mean by the term "concurrent" jurisdiction?

A. Som

e kinds of cases must be heard by a state court first and then must go to federal court.

B. Some kinds of cases can be heard in either the state court or the federal court.

C. Criminal cases which involve both state and federal crimes must be heard in s

tate and federal courts

concurrently, i.e. at the same time.

D. Federal courts must hear all cases where parties live in two separate states concurrently.

3

17

.

The feature that distinguishes a common

-

law legal system from a civil law system is:

A. Requ

iring guilt to be proven beyond a reasonable doubt

B. Using lay juries to decide cases

C. Having an appeal process

D.

Stare decisis

, or following precedent in reaching decisions

18

.

Alexander is a trial court judge in St. Louis County. He sees a c

ase on his docket in which the defendant is listed

as Talleyrand, Inc. Alexander's wife is an executive at Talleyrand, Inc. In this situation, Alexander should:

A.

Ask his wife for any inside details of the case so that he can better determine which party

is telling the truth at

the trial.

B.

Recuse (remove) himself as the judge in the case, because he has connections with a party that might

compromise his neutral role as the judge.

C.

Assure both parties at the beginning of the trial that he will be impartial an

d unbiased despite his wife's

connection with Talleyrand, Inc.

D.

Say nothing and hope no one discovers his connection to one of the parties.

19

.

Laura has just been notified that Sam is suing her. The document that informs Laura of the allegations again

st her

is called a(n):

A. Answer.

B. Summons.

C. Complaint.

D. Service of process.

2

0

.

When an administrative rule has been properly promulgated under the Administrative Procedures Act, what effect

does it have?

A.

It has the same force and effect as

a statute passed by the legislature.

B.

It has an effect only on the particular parties involved but not on the public at large.

C.

It takes effect within the agency but not outside of the agency.

D.

It has no effect, since administrative agencies usually are not g

iven rule

-

making authority.

1

. The City of Ladue passed an ordinance prohibiting all yard signs. The stated purpose of the law was to "prevent

ugliness, visual blight, and clutter" in the city. A woman opposed to the Gulf War put up a political sign in her yard and

was told by the city to remove it. She sued the City of Ladue on First Amendment grounds, contending that her freedom

of speech was being unlawfully infringed by the city's ordinance. PLEASE ANSWER BOTH OF THE FOLLOWING:

A. The US Supreme Court identifies three types of sp

eech under the First Amendment.

Which type of speech is

involved in this case?

B. What

does a city or other governmental entity (like Ladue in this case) have to show in this type of case in order for a court to find that its restrictions are justified?

2. Under the Fifth Amendment, we discussed the idea of

substantive due process What does substantive due process mean?PLEASE PROVIDE THE FOLLOWING a description of the types of rights protected by substantive due process one or two examples of cases where the Supreme Court has held that substantive due process was violated.