American Law and Legal Systems, 7e by James Test Bank

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CHAPTER ONE. INTRODUCTION

Multiple Choice Questions 1. The underlying theory of Natural Law is that: A. There are immutable principles of right and wrong that people may discern through their powers of reasoning; B. It is only natural for government to set laws defining right from wrong; C. The government will naturally change the laws as society changes; D. All of the above; E. None of the above.

Answer: A 2. Which of the following is a function of law?

A. To bestow benefits on people; B. To create new obligations with which citizens must comply; C. To proscribe certain anti-social behavior; D. To provide predictability and stability; E. All of the above.

Answer: E 3. When judges interpret the meaning of constitutions, statutes, and other forms of written law, develops.

A. Administrativelaw; B. Common law; C. Constitutionallaw; D. Caselaw; E. None of theabove.

Answer: D 4. Malumin se: A. Is the theoretical basis of civil law; B. Refers to acts that areinherentlyevil or wrong; C. Refers to activities that are wrong merelybecause the legislature says so: D. All of the above;

2 E. None of the above.

Answer: B 5. Which of the following is correct?

A. Peopleare guaranteeddueprocess of law by both state and national governments; B. Constitutional law deals with the interpretation of federal and state constitutions; C. Substantive law is both civil and criminal in nature.

D. Administrativelaw is the law that controls the behavior of regulators; E. All of the above.

Answer: E 6. The distinction betweena crime and a civil wrong: A. Dependsonthenatureoftheact; B. Is that the state prosecutes civil wrongs.

C. Depends on thelegalconsequencesthatfollowtheact; D. Is that one carries theconcept of fault or blameand theotherdoesnot; E. All of the above.

Answer: C 7. The theory of law that holds that law evolves as society does is: A. The positive theory of law; B. The sociological theory of law; C. Legitimacy of law; D. Naturallaw; E. Theory of certiorari.

Answer: B 8. Which of the following is correct?

A. Peopleobeythelawbecause of fear; B. Peopleobeythelawbecausetheybelievethelawmakerhaslegitimacy; C. Peopleobeythelawbecauseofhabit; D. Peopleobeyordisobeythelawbasedontheirownsenseofrightandwrong.

E. All of the above.

Answer: E 9. Bob Jones University v. United States: A. Involvedstatutorylawbecausethe Courthad to dealwiththe University'sclaimunderthe Free ExerciseClause of the Constitution about its discriminationbased on religious grounds; B. Involvedadministrativelawbecausethe Courtinterpretedthemeaningof InternalRevenueCode§§ 501(c)(3) and 170; C. Involved constitutional law because the Court examined the Internal Revenue Service’s application of the term "charitable;"

3 D. All of theabove; E. None of theabove.

Answer: E 10. The theory of law that holds that law is whateverthe supreme authority can command and enforce is: A. Positive theory of law; B. Thedivinerightofkings; C. Thesociologicaltheoryoflaw; D. Rationalistictheory of law; E. Noneoftheabove.

Answer: A 11. When a private citizen files a lawsuit against another private citizen, this is a: A. Criminal case; B. Civilcase; C. Misdemeanor; D. Writ of certiorari-, E. All of the above.

Answer: B 12. Naturallaw: A. Is man-madelaw; B. Is withoutmoral overtones; C. Maylead to civil disobedience when the "higher law" conflicts with positive law; D. Is withoutinfluence in Americanlaw; E. None of the above.

Answer: C 13. A student at youruniversityhasbeendeniedfinancialaid. Which of the following is correct?

A. If thedenial is becauseherincomeis toogreat, that is an exampleof substantivelaw; B. If thedenial is based on herfailureto meetthedeadlinesforfilingthepaperwork, that is an exampleof procedural law; C. If the denial is based on her gender, that is an example of violation of constitutional law; D. If thedenial is based on a universitypolicy(such as not meetingrequiredacademicprogress standardsset by theuniversity), that is an example of administrativelaw; E. All of theabove.

Answer: E 14. Common law: A. Is created by city councils; B. Is created by the decisions of judges and juries in the absence of positive law; C. Is created by Congress; D. Is created bystatelegislatures; E. None of the above.

4 Answer: B 15. Which of the followingillustrates how law bestows benefits on people?

A. A lawincreasing taxes; B. Alaw requiringmilitaryservice; C. Alaw makinginternet fraud a crime; D. A law creating a student loan program; E. None of the above.

Answer: D

EssayQuestions 1. Identify and discuss functions of law in society.

2. Define the concept of legitimacy and apply it to the law.

3. Discuss the philosophy of John Locke and its application to American political thought.

4. Compare and contrast the sources of law in society including, but not limited to, natural law, positive law; and sociological approach to law.

5. Define and compare and contrast various kinds of law such as substantive v. procedural, civil including equity v. criminal, public (constitutional, criminal, administrative, and environmental) v. private law, and case law.

5 CHAPTER TWO. HISTORY AND THE LAW

1. In the British system, solicitors: A. Are primarily trial lawyers; B. Are never university trained; C. May establish their own solo practice immediately upon completion of their training; D. Must join one of the Inns of Court; E. Are the initial conduit between the barristers and the clients.

Answer: E 2. Certainprinciples of contract law--identification of parties and specifications regardingobligations--can be traced to: A. Mesopotamians; B. Greeks; C. Romans; D. Canon law; E. Hebrews.

Answer: A 3. Today, lawyers: A. Receive their legal training in formal educational settings; B. Are not controlled in the practice of their profession by any governingbodies; C. Areknown as either solicitors or barristers in this country; D. Enter the legal profession through apprenticeships; E. None of the above.

Answer: A 4. The Inns of Court in England: A. Aretheonlyorganizationsthatmaycall people to thebar; B. Are composed of chambers or groups of offices of solo practitioners; C. Are the British equivalent of Holiday Inns; D. Aand B; E. B and C. Answer: D 5. The primaryfunction of French (and other civil law) prosecutors is.

A. B. C. D. E.

Secureconvictions; Insurethat justice is done; Insurethatsociety'sinterests areserved; Aand B Band C

6 Answer: E 6. The most important factor in theselection of law school is: A. Price; B. Location in thestatewhere youplan to practice; C. Prestige; D. ABAapproval; E. Alloftheabove.

Answer: D 7. Which of the followingstatements is correct?

A. Thelaw of the United States is not theproduct of experience; B. Thejurisprudence of all the states is basedsolely on the commonlawtraditions of Great Britain; C. One of the earliest extant sets of laws is the Code of Hammurabi written around 2000 B.C.E.; D. Lawsarecreated in avacuum; E. All oftheabove.

Answer: C 8. The personknown as the first professor of law in this countrywas: A. George Washington; B. George Wythe; C. GeorgeClooney; D. George Foreman; E. None of theabove.

Answer: B 9. The roots of the commonlaw system in this country lie in: A. Germanlegaldecisions; B. Englishlegaldecisions; C. Chinese legal decisions; D. Scandinavianlegaldecisions; E. Scottishlegaldecisions.

Answer: B 10. Which of the following is correct?

A. Initially, lawsrelatingto familymattersand to inheritanceweredecidedprimarilyon principlesfrom religious entities underboth Islamicand Christiancultures; B. Under Æthelbert in England, injuries to persons or propertyresulted in fines as determined by the code; C. Underthe Chancery, writsprovidedaccess to thecourtsforpayment of a fee, determinedwhich courtheardthe case, and directed thesheriff to summontheparties to court;

7 D. All of the above; E. Noneoftheabove.

Answer: D 11. Equity: A. Is knownfor its flexibility; B. Requiresthatthewrongcan be completedandthenassessesdamages.

C. Wasnot developedthroughthe Chanceryin England; D. Is vested in aseparate court system in this country; E. B and D. Answer: A 12. The system of law that is based on the notion of an appeal to the conscience of the judge and to a higher system of justice is: A. Equity; B. Substantivelaw; C. Procedurallaw; D. Constitutional law; E. Contracts.

Answer: A 13. Under the theory of the divine right of kings in medieval Europe: A. The pope, in religious matters, and the king, in secular matters, were deemed God's representatives on Earth; B. All law, spiritual and temporal, was inspired by God; C. Law was considered to be eternal and immutable; D. Disobeyingthemonarchwastantamount to disobeying God andcarriedpunishment; E. All of the above are true.

Answer: E 14. Which of the following is correct regarding the origins of British jurisprudence?

A. Thenativepopulationhad no establishedsystem of justice before the Norman Conquest; B. The first codification of laws in Great Britain took place under George III; C. The Plantagenets are creditedwith centralizing the judicial systemandthe beginning of common law; D. Feudalism, the social systembased on a series of reciprocal obligations, had no effect; E. All of the above.

Answer: C 15. Which of the following is not correct?

A. Americanlawyerstodayare trained in the traditional method of "reading" law with

8 practitioners; B. Thesolicitors in the British system are thosewho represent clients at trial in thehigher courts; C. Frenchjudgesare elevatedfromamongtheranks of practicingattorneys; D. The Americansystem is the only one that requires an apprenticeshipfor younglawyers; E. All of the above.

Answer: E 16. The distinction betweencivil (Romano-Germanic) systems and common law systemsis: A. Thetype of activities that arebarred or condoned; B. That the civil law tradition was spread by colonization of new areas while commonlaw was not; C. The approach taken in legal reasoning and methodology; D. Thatthecivillawtradition is foundonly in western Europewhilecommonlawdominates in such far-flung places as Australia; E. All of the above.

Answer: C

17. Corpus Juris Civilis is the: A. Code of Ǽthelbert; B. Code of Justinian; C. Treatise written by Draco; D. Collected works of Plato; E. StatutewrittenduringthePlantageneterainFrance.

Answer: B

Essay Questions 1. Identify and discuss the contributions of past legal systems to American jurisprudence.

2. Discuss the Corpus Juris Civilis, its origins, its history, effect of Natural Law School, and its role of the dominant legal system in the world.

3. Compare and contrast the differences between the common law system and the RomanoGermanic law including, but not limited to, antecedents and approach to legal reasoning.

4. Discuss the characteristics of a socialist system of law.

5. Discuss the law and legal systems in Anglo-Saxon England.

6. Discuss the role of the crown from the time of William the Conqueror through the Plantagenets on the development of English law including equity.

7. Trace the development of equity and discuss its import.

8. Discuss American law during the colonial and immediate post-Revolutionary periods.

9. Discuss the training of American lawyers and contrast that with other systems.

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CHAPTER THREE. COURT ORGANIZATION Multiple Choice Questions 1. Article III courts include which of the following?

A. Federal District Courts; B. U.S. Supreme Court; C. Court of Appeals for the Federal Circuit; D. All of the above; E. None of the above.

Answer: D 2. Judge Bigot made sexist statements to the attorneys from the bench. She could be removed from office by: A. Legislativeaddress; B. Quowarrantoproceedings; C. Judicial Conduct Boards with proper authority; D. All of the above.

E. None of theabove.

Answer: D 3. Which of the following does not accuratelydescribe our judicial system?

A. Adversarial; B. Passive; C. Apolitical; D. Limited as to authority; E. All of the above.

Answer: C 4. The president nominates and the Senate approves all federal judges except: A. Bankruptcy judges; B. Judges of the U.S. Court of Appealsfor Armed Services; C. Judges of the Court of Appeals for the Federal Circuit; D. Magistratejudges; E. A and D. Answer: E 5. Federal courts' jurisdiction overbankruptcyand admiraltycasesis:

10 A. Concurrent; B. Exclusive; C. Appellate only; D. Geographical only; E.Nonexistent.

Answer: B 6. In anygiven year, the largest number of cases is heard in the: A. United States Supreme Court; B. Statecourts of last resort; C. United States district courts; D. Statetrialcourts; E. Article Icourts.

Answer: D 7. A plan for selection of judges that combines nomination by commission, appointment by the governor, and election by the people is called the: A. Texas Plan; B. Missouri Plan; C. New England Plan; D. South Carolina Plan; E. New Mexico Plan.

Answer: B 8. Which of the following is correct?

A. Original jurisdiction refers to the power of the court to initially decide a case; B. Exclusivejurisdiction existswhenone court or level of court has authority to decidea particular case; C. Final jurisdiction refers to thecourt of last resort; D. Concurrentjurisdiction existswhentwocourtssharepower; E. All of the above.

Answer: E 9. Which of the followingmayinfluence judicial elections?

A. Moneythat comes in the form of campaign contributions from potential litigants; B. Namerecognition even if thename is actuallyknownbecause of someoneprominent in another field; C. Lack of specific knowledge of the judge's record on the part of the public; D. All of theabove; E. None of theabove.

Answer: D

11 10. Appellate courts: A. Have only one judge; B. Decide the facts; C. Havejuries; D. Primarilydecide casesunder original jurisdiction; E. None of theabove.

Answer: E 11. The function of an appellate judge is to: A. Assist the parties in selecting a jury; B. Rendertheinitialdecision in thecase; C. Determinethefactsandapplythelaw; D. Reviewthedecisions of the lowercourt to determine if the law was properlyapplied; E. All of the above.

Answer: D 12. The role of senatorial courtesy in judicial appointments is most important at which level of federal courts?

A. Supreme Court; B. CourtsofAppeals; C. District Courts; D. Magistratejudges; E. Bankruptcy judges.

Answer: C 13. Statelaw is important because: A. It decides more questions that touch people personally; B. It cannot be overridden by federal statutes; C. It allows the federal government to take care of the really important issues in our lives; D. All of theabove; E. None of the above.

Answer: A 14. State court judges, either appointed or elected, often have a verylong tenure in office. Judges generally may be removed from office through; A. Impeachment by the appropriate body; B. Legislativeaddress in which the legislaturemerelypasses a bill removingtheindividual from office; C. Recallthatinvolvesa specialelectionheldafterthegathering of therequisitenumber of signatures on a petition; D. Action by a judicial disciplinaryboard after the judge has been given procedural due process in the form ofahearing; E. All of the above.

Answer: E

12 15. Popular election of judges: A. Occurs at all levels of Americancourts; B. Occurs in manystatescourts but not in federal courts; C. Hasbeensuggested as a reform but is not currentlyused; D. Occursonly in federal courts; E. Has been totallysupplanted by the Missouri Plan.

Answer: B Essay Questions 1. Define jurisdiction and its elements. Identify and give examples of various types of jurisdiction.

2. Identify and discuss the five-tiers of the state court system including, but not limited to, the jurisdiction of each court and the qualifications of the judges.

3. Trace the route of an appeal through the state courts from a justice of the peace court.

4. Identify and then compare and contrast Article I and Article III courts, giving specific examples of each.

5. Discuss Article III courts and their jurisdiction.

6. Discuss the process of judicial selection on both the federal and state levels.

7. Identify and discuss the removal of judges.

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CHAPTER FOUR. PROCEDURE AND EVIDENCE Multiple Choice Questions 1. Thepresumption of innocencemeansthat at trial: A. Defendant must prove that she is not guilty; B. Statemust provethat thedefendant is guilty; C. Onlya judgemayfindthedefendant guilty; D. Onlya jurymayfindthedefendant guilty; E. None of the above.

Answer: B 2. The document that the plaintiff files with a court in which she alleges that the defendant has caused her some injury is: A. Complaint; B. Summons; C. Response; D. Motion for summary judgment; E. Defaultjudgment.

Answer: A 3. As to everyfactual issue, one of the parties has the duty to properly raise the issue through pleadings, admissibleevidence andpersuasion is called: A. Burden of proof; B. Presumption of innocence; C. Proofbeyondareasonabledoubt; D. Privilege; E. Noneoftheabove.

Answer: A

4. Opiniontestimonyfrom witnesses is generallyexcludedbecause: A. It is the jury's role to draw conclusions from the facts brought out by the witnesses; B. Expertsareusuallypaid to givetheirtestimony; C. Thejury is just as competent as thewitness to interpret the facts, D. Aand B; E. A and C. Answer: E

14 5. In a criminal case, the State must convince a jury or a judge that the defendant is: A. Guiltyby apreponderance of theevidence; B. Guity by reason of insanity; C. Guilty beyond a reasonable doubt; D. Guilty by clear and convincing evidence;

E. Noneoftheabove.

Answer: C 6. Elizabeth is a witness in Matthew'strialforspousalabuse of Anne. Elizabeth repeats Katherine's assertionthat Matthew beat Anne.

A. Thetestimonyis inadmissiblebecause of the Parol Evidence Rule; B. Thetestimonyis inadmissiblebecauseof the HearsayRule; C. Thetestimonyis inadmissiblebecause of the Best Evidence Rule; D. Thetestimonyis inadmissiblebecauseofthe ExclusionaryRule; E. Thetestimonyis admissible.

Answer: B 7. The exclusionaryrule was imposed on federal courts in the case of: A. Marburyv.Madison; B. Pennsylvania v Munk; C. Weeks v. United States, D. Colegrovev.Green; E. UnitedStatesv.Richardson.

Answer: C 8. As part of the divorceproceedingsbetween Rhettand Scarlett, the judgemandates that the couple consult a neutralthirdparty, Margaret Mitchell, aboutthepropertydivisionandadvisesthemthatthe Courtwillconsider Mitchell's recommendations binding. This is known as: A. Mediation; B. Court-annexedarbitration; C. Compromise; D. ARM; E. A peaceful solution.

Answer: B 9. Assumethat Derek Jeter and the Steinbrenner family, owners of the New York Yankees, are involved in a controversyover the amount that Jeter is to be paid during the next contract term. They agree to submit the question to a neutral third party and to be bound by the decision of that person. This is known as: A. Mediation; B. Arbitration; C. Compromise; D. ARM; E. None of the above.

Answer: B

15 10. A plurality opinion: A. Is one whereallthe judges agree on boththe reasoningandthe outcome of a case; B. Is onewhereat least fiveofthejudgeson a nine-personcourtagreeon boththereasoningandthe outcome of the case; C. Is onewhereat leastfiveofthejudgeson anine-personcourtagreeon theoutcomebut not necessarilythe reasoning of a case; D. Is absolutely binding as precedent; E. Is none of the above.

Answer: C 11. If the defendant in a civil suit fails to respond to a summons, the judge may render a: A. Summaryjudgment; B. Judgment by default; C. Complaint; D. Deposition; E. Directedverdict.

Answer: B 12. An order from a higher court to a lowercourt to send up the record of case so that thehighercourt may review the case is: A. Motion for habeas corpus, B. Writ of certiorari; C. Writ of certification; D. Corpusdelicti; E. None of the above.

Answer: B 13. A defendant whopleads nolocontendere is: A. B. C. D. E.

Denying culpability; Acceptingpunishment; Accepting culpability; A and B; B and C.

Answer: D 14. Which of the following is not considered as part of the pleadings in a civil case?

A. Complaint; B. Cross-complaint; C. Answer; D. Interrogatory E. None of the above Answer: D

16 15. In a bifurcatedsystem, there are actuallytwotrials in one proceeding. In a criminaltrial, the first portion pertains to establishingthe innocence or guilt; thesecondportion is to: A. Determinepunishment; B. Determinethesufficiency of the evidence; C. Plead; D. Allow for an appeal; E. All of the above.

Answer: A 16. Agreeing to plead guilty to a lesser offense for a lighter sentence is called: A. Plea bargaining; B. Indicting; C. No billing; D. Injunction; E. None of the above.

Answer: A 17. Potential jurorswho exhibit obvious and apparentbias are dismissed by: A. Prosemotions; B. Probonomotions; C. Peremptory challenges; D. Challengesforcause; E. Propublicochallenges.

Answer: D 18. When can an attorneyuse leadingquestions?

A. Establishment of preliminarymatters that arenot in issue such as name, address and occupation; B. Examination of a childwitness (within certain limits); C. Examination of an expert witness; D. Examination of ahostilewitness; E. All of the above.

Answer: E 19. Rebecca is bringinga lawsuit against Tracyfor personal injuries and propertydamage because of an automobile accident. Which of the followingstatements is correct?

A. Theinitial document that is filedwiththe court is the complaint or petition; B. The suit cannot proceed if Tracy cannot be served; C. Tracymayfile for a demurrer if Rebeccadoes not establisha primafaciecase in her pleadings; D. A default judgment may be issued against Tracy if she doesnot file an answerafter beingserved; E. All of the above.

Answer: E

17 20. The recording of a witness' out-of-court statement, taken under oath prior to the trial, is called: A. Deposition; B. An interrogatory; C. Arequestforadmissions; D. A subpoena; E. A motion in limine.

Answer: A 21. When an attorney is allowed to eliminate a prospective juror without giving a reason, this is called; A. Challengeforcause; B. Specialvenire; C. Process of elimination; D. Peremptory challenge; E. None of the above.

Answer: D 22. A type of evidence that allows the trier of fact to accept facts that are common knowledge or subject to certain verification by highly-reliablesourceswithoutfurtherfactualproofis: A. Testimonial; B. Tangible; C. Direct; D. Judicial notice; E. None of the above.

Answer: D 23. Thejudgemay--within limited circumstances--alter a juryverdict underthedoctrineof: A. Judgment nonobstanteverdicto(j.n.o.v.); B. Replevin; C. Contributorynegligence; D. Resipsaloquitor; E. None of the above.

Answer: A 24. Bail is designed: A. To keep the rich in jail; B. To allowthe release of the accused pendingtrial; C. To be basedprimarily on theassets of theaccused; D. As a form of punishment; E. BandC. Answer: E 25. Which of the following are basic qualifications for a witness?

A. Ability to communicatewiththejudge and/or jury;

18 B. Understanding of theduty to tell the truth; C. Personalknowledge of the facts; D. All of theabove; E. None of the above.

Answer: D 26. Which of the following is not hearsay?

A. "I told the officer that Isaw the accident;" B. "He pointed to the defendant at the line-up whenasked who committedthe crime;" C. "I knowthat he beather regularlybecausethe childrentoldme;" D. "Shesaidshescreamed at him,'Pleasedon'thit me anymore;"' E. “Three people told me that she said that the defendant was at fault in the accident."

Answer: A

27. A case is deemed "overruled" when: A. The trial court judge does not follow precedent established by appellate courts; B. A case is appealed; C. It is declared to havebeen wronglydecided in a subsequent case on appeal; D. Judges follow precedent; E. Noneoftheabove.

Answer: C 28. Duringthemurdertrial of Blake, theprosecutionwishes to presenta gun thatthe Stateclaims is themurder weapon. Which of the following is true?

A. HoratioCaine, thecrimesceneinvestigator, musttestifyaboutfindingthe gun at thesceneandthe chain of custodyregarding the gun; B. Duringdiscovery, thedefensewouldhavehad an opportunityto examinethe gun and pertinent reports such as the ballistics test; C. The defense could seek to exclude the gun because it was seizedduring an illegal search; D. Samantha, thepotentialjurorwhohadherselfbeenthevictim of a crimeinvolvinga handgun, would likely be excluded on a challenge for cause; E. All of the above.

Answer: E 29. Questions of fact are decided by: A. Jury in a jurytrial; B. Judgeinabenchtrial; C. Appellate judges; D. A and B; E. A and C. Answer: D 30. When an appellatecourt finds onlyharmless error, thecourt:

19 A. Sustainsthelowercourt'sdecision; B. Reversesthelowercourt'sdecision; C. Remands the case to the lower court; D. Hears the case en banc E. None of the above Answer: A 31. Which of the following is not one of the elements of hearsay?

A. Testimony by a witness; B. About an out-of-court statement; C. Made by himself or herself; D. That is beingoffered to provethetruth of thematterstated; E. None of the above.

Answer: C 32. The term used to describe the action when an appellate court sendsback a case to a lower court for further action is: A. Reverse; B. Remittitur; C. Remand; D. Richochet; E. Reconsider.

Answer: C 33. Which of the following is not a form of evidence?

A. Motion in limine, B. Testimonial; C. Tangible; D. Judicial notice; E. None of the above.

Answer: A 34. Which of the following is not true of a civil case?

A. Either party may request a jury trial; B. The plaintiffs case is presented prior to the defendant's case; C. The trial judge never determines the facts; D. Theverdict is always aspecial issues verdict; E. Noneofthe above.

Answer: C 35. A general demurrer involves: A. Denying the facts purporting to create a cause of action; B. Asserting that the complaint does not state a cause of action;

20 C. Pointing out the technical andproceduraldefects in thecomplaint; D. Choosingnot to respondto thecomplaint at all; E. None of the above.

Answer: B 36. Damages that are awarded in a civil suit (such as libel) to teach the wrongdoer a lesson is called: A. Prisonsentences; B. Generaldamages; C. Compensatorydamages; D. Contributorydamages; E. Punitive damages.

Answer: E 37. A legal document developed by a grandjurythatchargessomeonewithcommittinga violation of the criminal law is: A. Information; B. Indictment; C. Iniquity; D. Interdict; E. Inquisition.

Answer: B 38. Chen slipped on a banana peel at the grocerystore and sues. He must prove his case: A. By a preponderance of the evidence; B. By clear and convincingevidence; C. Beyond a reasonable doubt; D. Ipsofacto; E. Ex parte.

Answer: A 39. Evidence introduced at trials: A. May be excludedfor one purposeand admitted foranother; B. May be excluded if it is the fruit of a tainted search in a criminal case; C. May be excluded if thepoliceimproperlyconductedtheinterrogation; D. All of the above; E. None of the above.

Answer: D 40. A jurythat cannot agree on a verdict in a case that requires a unanimousverdict is said to be: A. Stagnant; B. Impasive; C. Gar oted; D. Hung; E. Suspended.

21 Answer: D 41. The

of a criminal case is determined by the geographic location of a crime.

A. Voir dire, B. Venue; C. Verdict; D. Venire; E. None of the above.

Answer: B Essay Questions 1. Discuss the purpose of alternate dispute resolution, its advantages and disadvantages, and its various formats.

2. Discuss the process of filing a civil lawsuit from the time of the event through discovery.

3. Discuss a civil lawsuit from the time of discovery through the verdict and enforcing the judgment.

4. Discuss the process of summoning and selecting a jury.

5. Discuss the stages of an appeal.

6. Discuss the appellate procedure at the U.S. Supreme Court and the state appellate courts including, but not limited to, the procedures for selecting and deciding cases and the types of opinions.

7. Discuss discovery including, but not limited to, its purposes and formats.

8. Discuss the criminal process from the time of the event through the arraignment.

9. Discuss the criminal process from the time of arraignment through punishment.

10. Discuss various types of evidence.

11. Define and discuss the Exclusionary Rule and the Rule against Hearsay and the purposes of each.

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CHAPTER FIVE. LIMITATIONS

Multiple Choice Questions 1. Limits on the judicial powers of courts do not includethe requirementof: A. An actualcontroversy; B. Jurisdiction; C. Following obiter dictum; D. Supremacy Clause; E. Doctrine of staredecisis.

Answer: C 2. Thedoctrinethatrequiresa litigant to havea legalinterest in thesubjectbeinglitigatedbeforebeingable to participate in the lawsuit is: A. Testamentary capacity; B. Standing; C. Subpoena duces tecum; D. Renvoi; E. None of the above.

Answer: B 3. Judicial gate keeping: A. Refers to the responsibilities of thebailiff in admitting people into thecourtroom; B. Is a term used to describe how judges control access to the judicial system; C. Is neverused as a tool by the courts to avoidcontroversy; D. Is thepower of a court to reviewactions by otherbranches of government; E. Is a termused to describe how judges areselected.

Answer: B 4. Statutes of limitations: A. Barthe prosecution of lawsuits followinga givenperiod of time; B. Enhance a court's ability to hear a particular case; C. Cause the forum state to adopt all of the sister state's law in a conflict of law case; D. Arefoundonly in civil law; E. None of the above.

Answer: A 5. A case or controversythat has evolved to a point where judicial intervention is needed is said to be: A. Ripe for review; B. Moot; C. Apolitical question;

23 D. Non-germane; E. None of the above.

Answer: A 6. Thearea of law that deals with thequestion of whichstatelaw is to be applied in a casethat involves contacts with several states is: A. Civillaw; B. Criminallaw; C. Conflict of laws; D. Maritime law; E. Martiallaw.

Answer: C 7. Assume that a major hail storm causing millions of dollars worth of damage struck your hometown.

Your neighbor plans to install a new roof of composition shingles that does not meet the deed restrictions so you sue. A roofing companylocated in a city 100 miles away wishes to intervene in the litigation. The initial hurdle for the companyis: A. Forumnonconveniens, B. Preclusion; C. Statute of Limitations; D. Standing; E. None of the above.

Answer: D 8. The definition of ratiodecidendiis: A. Power of an administrativeagency to enforcerules promulgated by the agency; B. Statementsin a judicialopinionthatareessentialto theresolutionofthecaseand arebinding precedent; C. "Friend of the court;" D. “To tell the truth" in Old French; E. "Iwillnotcontestit."

Answer: B 9. ApersonopposedtothePatientProtectionandAffordableCareActof2010filessuittohavethelawdeclared unconstitutional. Thepersonislikelytoencounteraproblemwith: A. Theripeforreviewdoctrine; B. Theconflictoflawsdoctrine; C. Themootnessdoctrine; D. Thepoliticalquestiondoctrine; E. Thetaxpayersuitdoctrine.

Answer: E 10. Ina diversityofcitizenshipsuitthatwouldallowpartiesfromdifferentstatestofilea civilsuitina U.S.District Court, theamountincontroversymustexceed: A. $7500; B. $100,000;

24 C. $750,000; D. $75,000; E. $1,000,000.

Answer: D 11. Personswhoresideina stateorarephysicallypresentwithintheterritoriallimitsofa statearesaidtobesubjectto: A. conflictoflaws B. mandatoryauthority C. persuasiveauthority D. inremjurisdiction E. inpersonumjurisdiction Answer: E 12. The geographic location of a trial that is determined by constitutional or statutory provisions is A. Venue; B. Jurisdiction; C. Domicile; D. Quasi-in-remjurisdiction; E. Noneoftheabove.

Answer: A 13. Thedoctrinethatholdsjudgesshouldlimitaccesstothecourtsasa meansofresolvingeverydisputeinsocietyis: A. Thepoliticalquestiondoctrine; B. Personalservice; C. FullFaithandCredit; D. Judicialactivism; E. Judicialgatekeeping Answer: E 14. BydeclaringtheissuemootinDeFunisv.OdegaardtheSupremeCourtmerelydelayeddeciding: A. Apoliticalquestion; B. Theabortionquestion; C. Theconstitutionalityofaffirmativeactionprograms; D. Thedetainmentofpersonsat GuantanamoBay; E. Noneoftheabove.

Answer: C 15. Theauthorityofacourttoheara caseandrenderaverdictinthecaseiscalled A. Venue; B. Domicile;

25 C. Persuasiveauthority; D. Jurisdiction; E. Judicialpower.

Answer: D Essay Questions 1. Discuss the concept of judicial restraint and various tools of judicial gatekeeping.

2. Discuss the concept of jurisdiction and its application.

3. Describe and discuss conflict of laws rules and their importance.

4. Discuss the concept of stare decisis including, but not limited to, ratio decidendi, obiter dictum, mandatory authority, and persuasive authority.

5. Discuss the role of stare decisis in American jurisprudence as well as its implementation.

26

CHAPTER SIX. CONSTITUTIONAL LAW Multiple Choice Questions 1. The Fifth Amendment Due Process Clauseis to thenationalgovernment as the Fourteenth Amendment Due Process Clause is to the: A. President; B. Congress; C. Judiciary; D. States; E. All of theabove.

Answer: D 2. According to Chief Justice Marshall in Marburyv.Madison,"it is emphaticallythe province and duty of the to say what the law is."

A. Executivebranch; B. Legislativebranch; C. Judicialbranch; D. States; E. Administrators.

Answer: C 3. The approach to federalism that portrays the two levels of government as antagonistic competitors for power is: A. Picket-fencefederalism; B. Cooperative federalism; C. Dualfederalism; D. Neo-federalism; E. None of theabove.

Answer: C 4. Judicial review: A. Is theexclusiveright of the United States Supreme Court; B. Isthepowerofa courttodeclarenullandvoidactsofthegovernmentthatarecontraryto the Constitution; C. Is not controversial; D. Cannot be exercised by state courts; E. Noneoftheabove.

27 Answer: B 5. Thedefinition of "a political system in which governmentalpowers are dividedbetweena central governmentandregionaland/orstategovernments" describes: A. Separationofpowers; B. Sovereignty; C. Anarchy; D. Unitarysystem; E. Federalism.

Answer: E 6. The theorythat the Supreme Court should decide on a case-by-case basis whether a particular provision of the U. S. Constitution should be applied to the states is: A. Assimilation; B. Engulfment; C. Total incorporation; D. Selectiveincorporation; E. None of the above.

Answer: D 7. The textbook characterizes the role of the Supreme Court in interpreting the Constitution as: A. Evolutionary; B. Limited by self-imposed rules; C. Temporarilysettlingissues; D. All of theabove; E. None of the above.

Answer: D 8. Judges who tend to interject their own values into their interpretations of the law are practicing: A. Judicial activism; B. Judicial restraint; C. Habeascorpus D. Strictconstruction; E. Original intent.

Answer: A 9. When you travel across state lines, you do not have to obtain a new driver license in each state. What constitutional provision protects the recognition of "public acts, records, and judicial proceedings by every other state?"

A. Full Faith and Credit Clause of Article IV, § 1 of the U.S. Constitution; B. Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution;

28 C. Necessary and Proper Clause of the U.S. Constitution; D. Supremacy Clause of U.S. Constitution; E. Noneoftheabove.

Answer: A 10. Which of the followingidentifiesthe conceptthatstresses thepoliciesandproceduresthat governmentmustobservewhendeprivingsomeone of life, libertyand property?

A. Judicialprocess; B. Inquisitorial process; C. Due Process; D. All of theabove; E. None of the above.

Answer: C 11. Which of the followingdoes the judiciaryconsider in equal protection cases where government is treating people differently?

A. Nature of the classification such as suspect classification; B. Whetherthe right involved is considered to be a fundamental right; C. Character of the government's interest in reaching the goal such as compelling or reasonable; D. Alloftheabove; E. None of the above.

Answer: D 12. In Marbury v. Madison, Chief Justice John Marshallarguedthat the Constitution: A. Canbealteredbythe Legislature; B. Is thesupremelaw of the land; C. Is subordinated to thewill of thestates; D. All of the above; E. None of the above.

Answer: B 13. The First Amendment’s protection of freedom of speech: A. Extendsonlyto theexpression of wordsandideas; B. Protectseveryform of expression; C. Hasneverbeenlimited bythe Supreme Court; D. Hasneverbeenappliedagainstthestates by the Supreme Court; E. Extends to "symbolicspeech" such as burningaflag.

Answer: E 14. InMarburyv.Madison, A. Marburyreceivedthejudicialappointmentthat he wasseeking;

29 B. Chief Justice Marshall deniedthat Marburyhad anyright to the judicial appointment; C. The Supreme Court denied Marburythemandamusthat he sought; D. The Courtheldthat therewas no conflict between Article III andthe Judiciary Act of 1789; E. All of the above.

Answer: C 15. The provisions of the Bill of Rights relating to search and seizure are found in: A. The First Amendment; B. TheFourthAmendment; C. The Fifth Amendment; D. TheSixth Amendment; E. The Eighth Amendment.

Answer: B 16. Allpersons are guaranteed "equal protection of the laws" by the: A. Originalwording of theConstitution; B. Civil Rights Act of 1964; C. 42 U.S.C. § 1983; D. UnitedNationsCharter; E. FourteenthAmendment.

Answer: E 17. The theory of constitutional interpretation that is almost formula-like in its application, that is, the judge should apply the facts to the fundamental principles and values incorporated by the Founding Fathers in the Constitution is: A. Intrepretivism; B. Nonintrepretivism; C. Original intent; D. New federalism; E. None of the above.

Answer: C 18. Thepresident'spower to nominate Supreme Courtjustices is an exampleof: A. Checks and balances; B. Separation of powers; C. Executiveprivilege; D. Delegation; E. All of the above.

Answer: B Essay Questions

30 1. Discuss the concept of judicial review and its impact on American jurisprudence.

2. Discuss the case of Marbury v. Madison including, but not limited to, its facts and reasoning.

3. Discuss Marbury v. Madison as a landmark decision of the Supreme Court. This should include a discussion of the empowerment of the federal judiciary through the case.

4. Discuss equal protection including, but not limited to, its source, its limitations, and various tests that the court employs in these cases.

5. Define, distinguish, and discuss the various theories about the interpretation of the Constitution.

6. Identify the provisions of the Bill of Rights by amendment.

7. Discuss the concept of limited government.

8. Trace the development of the right to counsel and discuss the right.

9. Discuss issues related to freedom of speech as an example of civil liberties.

10. Discussthecaseof Marbury v. Madison including, but not limitedto, its factsandreasoningand its role as a landmark decision.

11. Discusstheinstitutionof theUnited StatesSupremeCourtincludingits organization,its culture,its jurisdiction, and its agenda.

31 CHAPTER SEVEN. CRIMINAL LAW

Multiple Choice Questions 1. Parole: A. Allowstheinmate to receive conditional earlyrelease fromprison, providedthat he or shemeetsthe rules established by the court; B. Allowsconvictedfelonsto remainfreefromincarceration,providedtheyabidebya setofrules established bythe court; C. Freesconvictsfromprisonwithoutrestriction; D. Removesaconvictionfrom aperson'srecord; E. None of the above.

Answer: A 2. A degree of knowledge that person must have in order to be convicted of a particular crime, e.g., knowledge that the propertywas stolen in order to be convicted of receiving stolen goods, is known as: A. Signum; B. Sigla; C. Scienter; D. Sine die; E. Sich.

Answer: C 3. Which of the following is not a theory of punishment?

A. Different crimesshouldhavedifferent punishments; B. Mutilation is considered an acceptablemode of punishment in the United States today; C. Crueland unusualpunishment is prohibited by the Eighth Amendment of the U.S. Bill of Rights; D. Capital punishment is reserved forcertaintypes of murders; E. Capital punishment is not consideredcruel and unusualpunishment by the courts.

Answer: B 4. Today, procedural rights of juveniles:

A. Are identical to those of adults in criminal proceedings; B. Are most heavily influenced by the doctrine of parens patriae; C. Have been heavily influenced by In re Gault and In re Winship and closely resemble the protections given to adults; D. All of the above; E. None of the above.

Answer: C 5. The landmark case setting forth the warnings that must be given to anyone placed under arrest is:

32 A. Argersinger v. Hamlin; B. Olmstead v. United States; C. Malloryv. UnitedStates; D. Mirandav.Arizona; E. Kelo v. City of New London.

Answer: D 6. Items historically subject to seizure by the government in criminal cases are: A. Contraband; B. Fruits of the crime; C. Instrumentalities of the crime; D. All of the above; E. None of the above.

Answer: D 7. Malum in se acts: A. Are primarily civil in nature; B. Are wrong in and of themselves; C. Are wrong only because the law says so; D. All of the above; E. None of the above.

Answer: B 8. Which of the following is not a component that the State must prove to secure a conviction against a defendant?

A. Identity of the perpetrator; B. Location of the crime because that fixes venue; C. Elements of the crime including mensrea and actus reus in most situations; D. Causation; E. None of the above.

Answer: E

9. A criminal statute must: A. Not violateprohibition against bills of attainder; B. Be written in such a way as to give fair and adequatenotice of the forbiddenconduct; C. Specifya precisestandard of conduct in terms of results that can reasonably be expected; D. Alloftheabove; E. None of the above.

Answer: D 10. Aperson'sresponsibilityforacrimemaydepend on: A. Her age; B. Hermentalstate; C. Herdegree of involvement; D. All of theabove;

33 E. None of the above.

Answer: D 11. The protections offered to those accused of crime: A. Areprotectedonly by thenationalgovernment; B. Arethesoleresponsibility of state governments; C. Arefound in provisions of boththe U.S. Constitutionandstateconstitutions; D. Arefoundprimarilyin citycharters; E. None of the above.

Answer: C 12. Which of the followingdoes not describe limitations on the state's power to regulate conduct?

A. U.S.Constitution; B. Principle of limited government; C. Enhancedprotection of First Amendment rights; D. Stateconstitutions; E. None of the above.

Answer: E 13. Which of the following is amajorsource of criminal law today?

A. Statutes; B. Constitutions; C. Common law; D. Regulations; E. None of the above.

Answer: A 14. Under the Fourth Amendment, the basic criterion for a police officer in conductinga search or making an arrest is: A. Reasonablesuspicionthatthepersonhas engaged in unlawful activity; B. Ahunch becausetheperson looks sleazy; C. Probablecausebased on a set of objectivefactsthat thepersonhasengaged in unlawful activity; D. Preponderanceoftheevidence; E. None of the above.

Answer: C 15. Probation, oftenknown as communitysupervision, is: A. An earlyrelease from prisonunderspecifiedterms; B. Suspension of sentenceundercertainconditionsforaconvicteddefendant; C. Invariablygranted forseriousviolent crimes; D. All of theabove; E. Noneoftheabove.

Answer: B

34 16. In Susannah's trial for the murder of her mother, which of the followingmust the State prove in order to obtain a conviction?

A. B. C. D. E.

The mensrea of "intentionallyand knowingly;" Hermotive of inheritingher mother'spriceless collection of Waterford crystal; The actusreus oftakinga humanlife; A and B; B and C.

Answer: E 17. Once a criminal statute is enacted by the legislature, it is subject to interpretation by: A. Individual officer; B. District Attorney's Office; C. Trialandappellatecourts; D. Alloftheabove; E. Noneoftheabove; Answer: D 18. The exclusionaryrule: A. Provides that evidenceobtained in violation of a person's constitutional rights by policemust be excluded in criminal trials; B. Is triggeredwhen a person is excludedfrom participating in a governmentalbenefit; C. Is intended to deterimproperpoliceconduct in searches, seizures, and interrogations; D. Aand B; E. A and C. Answer: E 19. The

of a case is determined by the geographical location of acrime.

A. Volfare; B. Verdict; C. Venue; D. Venire; E. Volition.

Answer: C 20. Forms of actusreus include: A. Positive acts; B. Omissions; C. Possession; D. All of the above; E. None of the above.

Answer: D 21. Which of the following accurately describes the criminal justice system in the United

35 States?

A. Adversarial in nature; B. Concerned as much with procedural aspects of the process as with the substance; C. Political reflection of society's values; D. All of the above; E. None of the above.

Answer: D 22. Criminal statutes: A. Must show a compelling need to regulate conduct; B. Must not be written in a vague manner; C. Must provide adequate warning of the prohibited behavior; D. Cannot be retroactive; E. All of the above.

Answer: E 23. Thesameact, causingthedeath of an individual, mayresult in thedefendantbeingchargedwith different offenses depending on the: A. Type of instrumentalityused; B. Publicreaction to thecrime; C. Mentalstate or mensrea of theactor; D. Motive; E. All of the above.

Answer: C Essay Questions 1. Discuss the enactment of criminal statutes and the limitations on the power of the government to criminalize behavior.

2. “Criminal law is political.” Discuss various reasons why that statement is made.

3. Identify and discuss the various elements that may be necessary to the proof of a crime.

4. The crime of homicide involves both actus reus and mens rea. Discuss the statutory scheme in your state that involves different degrees of mental fault and the effect of that system.

5. Discuss the concept of criminal responsibility. Be specific in describing various aspects of criminal responsibility.

6. Discuss inchoate crimes.

7. There are a variety of legal defenses and justifications available to excuse or ameliorate criminal responsibility. Discuss these including the distinction between a defense and an affirmative defense.

36 8. Discuss the juvenile justice system.

9. Discuss the enactment of criminal statutes and the limitations on the power of government to criminalize behavior and the interpretation.

10. Identify and discuss the various elements that may be necessary to the proof of a crime including the different degrees of mental fault under the statute in your state.

37 CHAPTER EIGHT. ADMINISTRATIVE LAW

Multiple Choice Questions 1. Jenniferserved in themilitaryin Iraq. The Departmentof Veterans Affairshasstoppedherbenefitssolely because she has become a highly-visible opponent of the war in civilian life. She A. Is precluded by statute from havingthedecisionreviewed by the courts; B. Is entitled to a hearing on the matter because a statute cannot precludejudicial review of an administrativedecision when a constitutional right (here, the First Amendment) is at stake; C. Is subject to theprimaryjurisdiction doctrine; D. Aand B; E. A and C. Answer: B 2. Which of the following contributed to the growth of administrative government?

A. Needforadministrativeexpertise; B. Needforenhancedefficiency; C. Need to prevent arbitraryand capricious action of government officials; D. All of the above; E. None of the above.

Answer: D 3. Which of the following is part of due process?

A. Rules are to be applied fairly to everyone; B. Rules are to be announced in advance; C. Rulesthemselvesmust be fair; D. Theprocedure by whichthe rules arepassedmust be fair; E. All of the above.

Answer: E 4. Before the Office of the State Chemist (a state agency) may adopt rules regulating the content of pet food, the rules of administrative procedure require that: A. The proposed rules are published in advance of their consideration; B. Interested parties are allowed to comment either orally or in writing as to the contents; C. Any decision on the rules is based on the findings of "the whole record;" D. All of the above; E. None of the above.

Answer: D 5. In reviewing administrative decisions, courts: A. Generally require that the litigants have exhausted their administrative remedies before moving into the court system; B. Often defer to the expertise of those within administrative agencies as to the technical

38 findings; C. Frequently focus of fairness in the adoption, enforcement, and adjudication of the rules; D. All of the above; E. None of the above.

Answer: D 6. Buffy, a universitystudent, is unhappywith the disciplinaryaction taken against her by the university administration that resulted in the loss of her scholarship. She wishes to immediatelyfile suit against the university administrators in federal district court. Which of the following doctrines will most affect her lawsuit?

A. Primaryjurisdictiondoctrine; B. Standing; C. Exhaustionofstateand administrativeremediesdoctrine; D. Alloftheabove; E. None of the above.

Answer: C 7. Thelegal term for themaximthat "a delegatecannot delegate" is: A. Delegatusnonpotestdelegare, B. Delectus personae; C. Demurrage; D. Demonetize; E. Dationenpaiment.

Answer: A 8. You are planning to travel from your hometown to Savannah by air. While waiting to board the plane, you are told that there will be a short delay (that turns out to be rather lengthy). You later read in the newspaperthattheoriginal crew members were not permitted to flybecause theyhad spent the morning drinking in the bar. This is an example of: A. Rulemaking; B. Rule enforcement; C. Adjudication; D. Ultravires, E. Noneoftheabove.

Answer: B 9. Themainpurpose of administrativelawis: A. To preventadministratorsfrombeingarbitrary; B. To bestowbenefits on people; C. To relieve Congress of the burden of dealing withminor details; D. To increase thepower of the executivebranch; E. All of the above,

39 Answer: A 10. Underthe United States Constitution, all sovereigntyultimatelyresides in the peopleand lawmaking authority is vested in Congress. Thetheorythatcircumventsthosepowersandpermitstheadministrative agendas to enact rules and regulations is known as the: A. Agencytheory; B. Deciduous theory; C. Decalogue; D. Delegationtheory; E. Noneoftheabove.

Answer: D

11. Wang is appealing the decision that he is not eligible for supplemental securityincome.

A. The Social Security Administrationmayadvisehim on Tuesdaymorning of the hearingthat afternoon; B. He is not entitled to havehisdoctortestifyor to havethedoctor'srecordsconsidered by thehearing officer; C. He is entitled to disclosure of opposing evidence; D. He is not entitled to have an impartial hearing officer; E. The administrative law judge is required to give Wang only an oral report of her findings.

Answer: C 12. The case of Goldbergv.Kellyis a landmark decision that relates to: A. Establishment Clause; B. Due Process Clause; C. Symbolicspeech; D. All of the above; E. None of the above.

Answer: B 13. "Ultra vires" in administrative law means: A. That the agency is acting within the scope of its authority; B. That the agency is attempting to exercise powers outside its authority; C. That the agency is engaging in adjudication; D. A and B; E. B and C. Answer: B 14. Administrative adjudications: A. Are quasi-judicial in nature and must meet certain elements of due process; B. Often occur when an individual or business is disgruntled with the application of an agency's rules; C. Are exceedingly rare; D. AandB; E. A and C.

40 Answer: D 15. The decision of an administrative tribunal: A. Must be based on the record; B. Must contain an explanation of the basis for the decision; C. Must be in writing; D. Must be conveyed to the parties; E. All of the above.

Answer: E 16. Federalagenciesarerequired to file environmental impactstatementsunderthe: A. National Clean Air Act; B. National Environmental Policy Act of 1969; C. Historic Sites, Buildings, and Antiquities Act; D. EndangeredSpeciesAct; E. None of the above.

Answer: B Essay Questions 1. Define and discuss the delegation theory.

2. Identify and discuss limitations on administrative agencies.

3. Describe the interaction between agencies and the Fourth Amendment as an example of the interplay between these agencies and the Constitution.

4. Discuss the case of Goldberg v. Kelly and its impact on administrative procedures.

5. Identify, discuss, and give examples of each of the Goldberg ingredients.

6. Discuss judicial review of administrative agencies including areas of judicial gate keeping.

Give examples.

41

CHAPTER NINE. ENVIRONMENTAL LAW

Multiple Choice Questions 1. Theunderlyingphilosophy of environmentallaw is: A. Governmenthasunlimitedpowerand authorityandmayregulate at will; B. Privateownershipinterests will always prevail; C. Rights of propertyowners cannot be protected by the Constitution; D. Public good maytakeprecedentoverthe rights of individual propertyowners; E. All of the above.

Answer: D 2. Eminent domain under the Fifth Amendment: A. Provides for just compensation of a private landowner for property seized for public purposes such as economic development; B. Is always exercised without controversy; C. May result in a jury trial to determine fair market value of the property; D. A and B; E. A and C. Answer: E 3. Echinacea laevigata or the smooth coneflower, an endangered plant species, was found in one acre of Lucy's 140 acres of timberland. She is prevented from cutting any of the timber on the tract and files a lawsuit based on: A. Standing; B. The Takings Clause of the Fifth Amendment; C. Thetreatypower of thenational government; D. Nuisance; E. All of the above.

Answer: B 4. According to the text, which of the following is a controversial aspect of the Endangered Species Act? A. Inclusion of plants and animals on the list; B. Removal of plantsandanimalsformthelist; C. Interferencewith economic and otherdevelopmentbecause of the protection of certain species; D. All of the above; E. None of the above.

42 Answer: D 5. You wish to open a pet-groomingbusiness in your home. This is in an area of single-family dwellings.

You must obtain permission from the Citybecause of: A. Sectorplanning; B. Zoning; C. Eminentdomain; D. Covenants; E. All of the above.

Answer: B 6. Internationally-renowned artist, Georgia O'Keefe, taught at West Texas A&M University. Efforts to preventthecurrentowner of theboardinghousewheresheresidedfromaltering or destroyingthe property: A. Willfailbecause of thepropertyowner'sabsolutepropertyinterests; B. Will primarilyfocus on theeconomic benefit to the owner; C. May be successfulbecausethestatemayuse its policepowers to providea publicbenefitsuch as historic preservation; D. Will be successful because of the theory of easement; E. Noneoftheabove.

Answer: C 7. In environmental law, which of the following is most frequentlythe determinativefactor in initiating litigation?

A. Standing of theplaintiffs to bringthe challenge; B. Power of government to issue regulations; C. Available remedies; D. Efforts of defendants to mitigatethedamagessuffered; E. Noneoftheabove.

Answer: A 8. Thetype of legal injurythat occurswhen a landowneruseshis or herown property in a waythat interfereswith another'suse or enjoyment of his or her propertyis: A. An aggravation; B. Eminentdomain; C. An apocalypse; D. Anuisance; E. Adversepossession.

Answer: D 9. The keeping of a bawdy house or storing explosives on private property is classified as: A. A public nuisance; B. A private nuisance; C. Eminent domain;

43 D. An issue of zoning; E. None of the above.

Answer: A 10. From a constitutional standpoint, the power of Congress to regulate matters relating to the regulation of the environment comes under: A. The Taxing Power; B. The Spending Power; C. The Commerce Power; D. The War Power; E. None of the above.

Answer: C 11. A major part of the National Environmental Protection Act was the requirement that prior to the start of a major government project there had to be: A. Probable cause to believe that injury to the environment would be serious; B. An environmental impact study to determine the possible effects on the environment; C. Some assurance that no one’s property rights would be affected; D. A cost/benefit analysis to make sure the benefits outweigh the cost; E. None of the above.

Answer: B 12. Which of the following is true under the Clean Air Act? A. Fines up to $25,000 a day may be imposed for major violations of the Act; B. The EPA is virtually powerless to enforce violations of the Act; C. Fines imposed by the EPA must be approved by the state environmental agency where the violation occurs; D. The maximum fine that may be imposed by EPA is $2500; E. None of the above.

Answer: A 13. The criticism that the Endangered Species Act is “over-inclusive” means that the law: A. Makes it almost impossible to protect endangered species; B. Does not go far enough to protect certain species of plants and animals; C. Makes it too easy to include species that are not really endangered; D. Does not protect plants and animals on private property; E. None of the above.

Answer: C 14. Which of the following is true concerning the “takings clause” of the U.S. Constitution?

A. If a state makes a formerly legal activity (beer making) illegal, there is no taking under the Constitution;

44 B. For a taking to occur, in most cases the government must take possession of the property.

C. The constitutional name for a “taking” is eminent domain; D. If a true taking occurs, the property owner must receive just compensation; E. All the above.

Answer: E 15. Which of the following is true regarding Kelo v. City of New London?

A. Susette Kelo was allowed to stay in her home in its original location; B. The Pfizer Company built their project and the city of New London was economically revived; C. Reaction to the decision was widespread approval; D. In the aftermath of the decisions, many states revised their laws regarding eminent domain; E. All the above.

Answer: D

Essay Questions 1. Identify and discuss the common law roots of environmental law.

2. Discuss the constitutional authority to regulate the environment.

3. Discuss the nexus between Due Process Clauses of the Fifth and Fourteenth Amendments and environmental regulation.

4. Discuss the legislative acts that represent the centerpieces of the nation's environmental policy and the issues in their application.

5. Discuss the issue of government "taking" property regarding diminution of value, zoning, historic preservation, and other issues of land use.

6. Identify and discuss various goals and the means by which government regulates the environment.

45 CHAPTER TEN. TORTS Multiple Choice Questions 1. Shakiraslips on a grape at thegrocerystore, suffersinjuries, and is now suing. Which of thefollowing is the appropriate theory of recovery?

A. Breach of warranty; B. Negligence; C. Product liability; D. Intentional tort; E. None of the above.

Answer: B 2. Maria was driving a Ford Pinto when the car was involved in a minor traffic accident. The gas tank exploded, and she was severely burned. She may: A. Receivedamages for the fear and apprehensionthat a bystandersuffered as a result of the accident.

B. Filea tort action for productliabilityagainst the manufacturer, Ford Motor Company C. Filea contract action for breach of warranty of merchantabilityagainst her automobiledealer; D. AandC; E. Band C.

Answer: E 3. A universityfootballcoachhasbeenaccused of mistreatment of a student. He deniesthewell-publicized charges and files a civil lawsuit against various news agencies. Which of the followingare defenses that are likely to be utilized?

A. Truth; B. Unfaircompetition; C. That he is a publicfigure andmust show actual malice in order to recover; D. A and B; E. A and C. Answer: E 4. A state statute requires that innkeepers must provide certain types of locks on room doors as well as information regarding hotel security to each customer. The Bates Motel failed to do so, and Marian Crane was attacked in the shower. Which of the following theories of recovery would be appropriate in her litigation against the Motel?

A. Intentional tort; B. Product liability; C. Respondeatsuperior, D. Negligence per se; E. All of the above.

Answer: D

46 5. Cassandra is the well-known architect who designed the world-renowned Palo Duro Opera House. The roof of the building collapses, injuring scores of people. Cassandra: A. Owes a duty of ordinary care in designing the building; B. Is held to a higher standard of care in her building designs that a weekend carpenter would be in building an addition to her home; C. Would be held to the same standard of care as a geologist would be in designing the building; D. A and B; E. A and C. Answer: B 6. Tort law allows recovery for interference with which of the following interests?

A. Yourbody if you arebattered; B. Yourreputation if someoneslanders you; C. Your relationship to your spouse for alienation of affection; D. Yourbusinessinterests fromunfaircompetition; E. All of the above.

Answer: E 7. Strict liability abrogates theusual requirement of

as aprerequisite for recoveryundertortlaw.

A. Equity; B. Foundation; C. Fault; D. Garnishment; E. None of the above.

Answer: C 8. Caleb is stabbed during a barroom brawl by Zachariah. The injury is serious but not life threatening.

Duringsurgery at thehospitalwherethere is medicalmalpractice, Calebdies. Caleb's familyfileswrongful death suits against Zachariah, the hospital and the doctor. Zachariah's most successful defense will probably be: A. That Caleb consented to the attack; B. That Zachariah'sactionwas not theproximatecauseof Caleb'sdeathandthatthedoctor's interveningactions removed liabilityfrom him; C. Thatthedoctorhasmoremoneythan Zachariahandtheonewithdeeperpocketsshould be held solely liable; D. That Calebwasknown to be atroublemaker; E. All of the above.

Answer: B 9. In negligence cases, the actions of the tortfeasor are measured by which standard?

A. Whether,underthecircumstancesof thecase, theactoractedas a "reasonablyprudentpersonof ordinary intelligence” would act; B. Whether,underthecircumstancesofthecase,theactorconsciouslydisregardeda substantialand unjustifiable risk;

47 C. Whether,underthecircumstances,theactoroughtto havebeenawareof a substantialand unjustifiable risk; D. Whether the actor had a conscious objective to cause the result; E. Noneofthe above.

Answer: A 10. The doctrine that "the thing speaks for itself” that is employed in tort cases are known as: A. Res gestae; B. Resipsaloquitor; C. Res judicata; D. Res universitatis; E. None of theabove.

Answer: B 11. McCoy is injured by a defective lawnmower. Under what theories of recovery may he sue to recover damages?

A. Implied warranty of merchantability; B. Product liability; C. Implied warranty of fitness; D. All of the above; E. None of the above.

Answer: D 12. The textbook characterizes tort law as: A. Stable; B. Fluid; C. Atrophied; D. Fossilized; E. Anachronism.

Answer: B 13. Richardleft his textbook by thosenoted authors, Calvi and Coleman, on the table in the Student Union Building in his eagerness to get to his Introduction to Law class. When he returned to get the book, it was gone. The tortfeasor has committed.

A. Conversion; B. Trespass to chattel; C. Nuisance; D. Robbery; E. Burglary.

Answer: A 14. Which of the following is correct?

A. Rowe, a professional hockey player, is battered when he is slammed into the boards by an opponent during a game;

48 B. Rowe is assaulted when the opponent swings his hockey stick near Rowe's head but does not actually touch Rowe; C. The opponent's defense in a civil lawsuit filed by Rowe for the torts is that Rowe consented to both by playing professional hockey; D. All of the above; E. None of the above.

Answer: D 15. While attending a hockey game, you are injured by a flying puck and sue the hockey club.

The team’s most likely defense is:

A. Voluntary assumption of the risk; B. Respondeat superior, C. Negligence per se; D. Resipsaloquitor; E. All of the above.

Answer: A 16. The plaintiff must prove which of the followingwhen she alleges negligence as the theory of recovery?

A. Damages; B. Breach of duty; C. Proximatecause; D. Duty; E. All of the above.

Answer: E 17. You are representing the estate and surviving family of a murder victim who was a prominent banker.

The forensic pathologist’s report that there was cocaine present in the victim's blood was widely reported by the media. That report has now been discredited. In your multi-million dollar lawsuit, what types of relief are appropriate?

A. Damages for the mental anguish of the victim's family; B. Damages for invasion of privacy; C. Damages for negligence in conducting the autopsy; D. Compensation for the costs of the exhumation and in filing the litigation; E. All of the above.

Answer: E 18. The type of legal injury that occurs when a landowner uses his or her own property in a way that interferes with another's use or enjoyment of his or her property is: A. An aggravation; B. Eminent domain; C. An annoyance; D. A nuisance; E. Adverse possession.

Answer: D

49 19. The jury found Mohammed, the plaintiff, was partially at fault in the accident. His award of $10,000.00 recognized that he was 10 percent at fault. This is an example of the theory of: A. Comparative negligence; B. Contributory negligence; C. Resipsaloquitor; D. Non pro bono; E. All of the above.

Answer: A 20. Which of the following is not a theory of recovery in tort law?

A. Negligence; B. Strict liability; C. Intentional torts; D. Breach of warranty; E. Product liability.

Answer: D 21. Which of the following is a business-related tort?

A. Your local professional football team opens negotiationswith Peyton Manning to persuade him to abandon his $98,000,000 contract with the Indianapolis Colts to come to playforthem; B. Auniversitypresidentfiresawhistleblowerforadvisingthecriminaldstrictattorneyofthepresident's malfeasance; C. A newsoftdrinkcompanyis marketingitsproduct,"Goca-Cola,"in a red can withwhitewaves runninghorizontally and the name in script; D. A corporationretainsRichardRoeto burglarizethehomeof the C.E.O.'sleadingfoein orderto obtaindamaging material; E. All of theabove.

Answer: E Essay Questions 1. Identify and discuss various types of interests protected by tort law.

2. Identify and discuss the elements of a prima facie case of negligence.

3.

Identify and discuss various types of injuries for which the plaintiff might recover damages.

4.

Discuss strict liability torts.

5. Discuss immunity as protection in litigation.

6. Identify and discuss the various types of interests protected by tort law as well as the various theories of tort with specific examples.

50

CHAPTER ELEVEN. CONTRACTS

Multiple Choice Questions 1. 1. Following throat surgery, Julie Andrews lost her five-octave singing voice. Because of her illness, she was able to withdraw from her singing contracts without penalty but not her acting or directing contracts. This defense of breach of contract is known as: A. Refraction; B. Repudiation; C. Recapitulation; D. Renascence; E. Redaction.

Answer: B 2. Which of the following is not correct about the Uniform Commercial Code?

A. The Code primarily governs real estate transactions; B. The Code provisions are originally drafted by the National Conference of Commissioners on Uniform State Laws but may be modified by state legislatures as they consider the provisions; C. That the average consumer may obtain protection under the Code because of the warranty provisions; D. That the Code is silent on rememdies for breaches of contracts covered therein; E. None of the above.

Answer: A 3. Which of the following is not correctly matched?

A. Punitive damages are designed to punish malicious wrongdoers; B. Compensatory damages are designed to put the aggrieved party in the economic position that she would have been in had the contract been completed; C. Specific performance is an equitable remedy that is particularly appropriate when the subject of the contract is unique; D. Promissory estoppels is an appropriate remedy when the promisor has substantially changed positions in reliance on the gratuitous promise of the promisor; E. None of the above.

Answer: E 4. The Black Eyed Peas have agreed to appear at your university for the sum of $5,000,000; however, a Dallas promoter offers $100,000,000 for a performance on the same night. When the band accepts the Dallas offer, the university sponsor files for breach of contract. Which legal remedies would be appropriate?

A. Restitution;

51 B. Specific performance to force The Black Eyed Peas to appear on your campus; C. Prohibition; D. Injunction to prevent the band from performing that evening in any location; E. All of the above.

Answer: D 5. George recently found a painting in his grandmother's attic. Being untrained about art, he had the piece appraised by the renowned art auction house, Sotheby's of London, which verified it as a lost Monet. George agrees to sell it to you for $30,000,000. It now develops that the painting is a forgery. The contract is voidable because of: A. Duress; B. Innocent misrepresentation; C. Fraud; D. Undue influence; E. None of the above.

Answer: B 6. Peter is a renowned artist who has been commissioned to produce a portrait of the Chief Justice of the United States. Peter's business is a: A. Partnership; B. Sole proprietorship; C. Corporation; D. Subschapter S corporation; E. None of the above.

Answer: B 7. Which of the following is a requirement for a valid contract?

A. Offer and acceptance; B. Consideration; C. Capacity of parties; D. Does not contravene public policy; E. All of the above.

Answer: E 8. Consideration for contracts: A. Must be cast in monetary terms for a valid contract; B. Can be a mutual exchange of promises; C. Can be an exchange of detriments; D. A and C; E. B and C.

52 Answer: E 9. Ruth cared for her husband during his illness (Alzheimer's) and was treated for depression herself by a psychiatrist. During all of this, her most trusted financial advisor was her accountant, Dewey Cheatum. Three months after her husband's death, Ruth conveyed property valued at $500,000 to Dewey for the sum of $10. Under what theory would Ruth seek to cancel the property transfer?

A. Misrepresentation; B. Duress; C. Fraud; D. Undue influence; E. Misunderstanding.

Answer: D 10. Bubba's Motors advertises 2011 Jaguars for the sum of $100.00 in the Daily Disappointment, the local newspaper. This advertisement is: A. A contract to sell you the vehicle at that price; B. A formal offer; C. Merely a solicitation for offer; D. An example of estoppel; E. All of the above.

Answer: C 11. The present transfer of a contractual interest to a third party is: A. Assurance; B. Arbalest; C. Acceptance; D. Assent; E. Assignment.

Answer: E 12. Ricardo and Miriam entered into an oral agreement that Ricardo will sell Miriam's company the land on which to build a shopping center for $100,000,000. The agreement: A. Is a valid contract because there is genuine assent; B. Is a valid contract because it is supported by consideration; C. Is a valid contact because it is not for illegal purposes; D. Is a valid contract because it is between competent parties; E. Is not a valid contract because it violates the Statute of Frauds.

Answer: E

53

13. The rule that a person cannot use evidence of oral statements made before or at the time the contract was signed to alter the written terms is: A. Statute of Frauds; B. Parol Evidence Rule; C. Respondent superior, D. Specific performance; E. Exculpatory Clause.

Answer: B 14. Abby enters into an agreement to purchase the helmet worn by Jimmie Johnson in the race when he won his fifth-straight NASCAR Championship. She discovers that the helmet was actually worn in a different race. The appropriate legal remedy is: A. Acquiescence in the substitution; B. Promissory estoppels; C. Punitive damages; D. Specific performance; E. There is no legal remedy.

Answer: D 15. The primary purpose of contract law is: A. To protect those who injudiciously enter into contracts; B. To provide certainty and stability in business transactions; C. To provide a means for enforcement of illegal transactions; D. All of the above; E. None of the above.

Answer: B 16. An offer terminates: A. When either the offeror or the offeree dies; B. When a counteroffer is substituted; C. By rejection in the specified manner; D. By withdrawal of the offeror; E. All of the above.

Answer: E 17. Which of the following constitutes consideration?

54 A. Sherri does something she is not already legally obligated to do; B. Sherri promises to do something she was not already obligated to do; C. Sherri refrains from doing something she legally could have done; D. Sherri promises to refrain from doing something she legally could have done; E. All of the above.

Answer: E 18. According to the text, the freedom to contract: A. Is absolute; B. Is protected under the U.S. Constitution; C. Is increasingly being limited by courts, administrative agencies, and legislative bodies; D. A and B; E. B and C. Answer: E Essay Questions 1. Define a contract and discuss the required elements of a valid contract.

2. Distinguish between an offer and a solicitation to offer.

3. Discuss the conditions under which an offer terminates.

4. Discuss assent and the various factors that may destroy the reality of the consent.

5. Define capacity and the effect of minority on contracts.

6. Identify the types of contracts that the Statute of Frauds affects and its effect.

7. Discuss a breach of contract and remedies for the breach of contract.

8. Identify and discuss various rules of contract interpretation.

9. Discuss warranties, especially those found in the Uniform Commercial Code.

10. Identify and discuss various types of business relations including, but not limited to, ownership interests, liability and tax issues.

55 CHAPTER TWELVE. PROPERTY CHAPTER TEST QUESTIONS Multiple Choice Questions.

1. Community property is property acquired: A. By inheritance; B. During marriage through earnings of either spouse; C. Before marriage; D. By gift; E. By divorce.

Answer: B 2. Which of the following most needs a will?

A. A 25-year-old single parent who is attending college; B. A 40-year-old executive with no family who earns $40,000 a year; C. A 65-year-old retiree whose only asset is a $1,000,000 life insurance policy; D. A 14-year-old who has no assets but plans to set a record by sailing around the world alone; E. None of the above.

Answer: A 3. Internationally-renowned artist, Georgia O'Keefe, taught at West Texas A&M University.

Efforts to prevent the owner of the building where she resided from altering or destroying the property: A. Will fail because of the owner's absolute property interests; B. Will primarily focus on the economic benefit to the landowner; C. May be successful because the state may use its police power to provide a public benefit; D. Will be successful because of the theory of easement; E. None of the above.

Answer: C 4. Which of the following is not correct about a life estate?

A. The life tenant can sell the property without consulting anyone; B. Is created by such language as "To Sue for her lifetime, then to my nieces and nephews;" C. The life tenant is entitled to the income and profits; D. The life tenancy may also be created in surviving spouses by statute; E. None of the above.

Answer: A

56

5. Jessica and Jennifer have been neighbors for ten years. Five years ago, Jessica built a swimming pool on her lot. The lots have been surveyed again, and it now appears that the swimming pool is actually on Jennifer's land. Jessica may claim the pool under the doctrine of: A. Eminent domain; B. License; C. Easement; D. Adverse possession; E. None of the above.

Answer: D 6. The origin of the legal protection of intellectual property is often attributed to which craft?

A. The Goldsmiths Guild of London; B. The Pepperers Guild of York; C. The Glassmakers of Venice; D. The Weavers of Amsterdam; E. The Card makers of Paris.

Answer: C 7. A written declaration of a person's wishes regarding the distribution of her property after death is: A. Will; B. Codicil; C. Trust; D. Power of attorney; E. Agency agreement.

Answer: A 8. Carl Perkins composed and recorded "Blue Suede Shoes" in 1956, the same year that The King (Elvis Presley) released the song. Unless someone is paying royalties, you are violating when you download the music.

A. Patent law; B. Trademark law; C. Copyright law D. Promissory estoppels E. Napster Act Answer: C 9. According to the textbook, which cartoon character prompted the extension of copyright protections in the United States?

57 A. SpongeBob Square Pants; B. Mickey Mouse; C. Marmaduke; D. Dagwood; E. Daffy Duck.

Answer: B 10. Which of the following usually is not part of a sale of a residence?

A. Promissory note to the bank; B. Deed of trust recording the creditor's interest; C. Warranty deed; D. Reservation of riparian rights; E. None of the above.

Answer: D 11. When a creditor has a legally-protected interest in real or tangible property, this is called a: A. Promissory note; B. Lien; C. Fee simple estate; D. Leasehold estate; E. Corpus.

Answer: B 12. Which of the following is not a method of acquiring title to property?

A. By foreclosure of judgment or for nonpayment of debt; B. By deed; C. By gift; D. By adverse possession; E. None of the above.

Answer: E 13. Norma decides that the title to her ranch should pass only in the female line. Her conveyance would be: A. A fee simple absolute; B. "To my daughter, Sherri, her heirs and assigns;" C. An example of primogeniture; D. "To my daughter, Sherri, and the female heirs of her body;" E. None of the above.

Answer: D

58 14. The terminology for the right to use another's land is: A. Easement; B. Covenant; C. Fee simple; D. Eminent domain; E. None of the above.

Answer: A 15. Charlotte opted not to attend class and failed all her courses. Her parents are understandably upset and have decided to alter the provisions relating to her in their wills while keeping the remainder of the provisions the same. These amendments are known as a: A. Codicil; B. Holographic will; C. Nuncupative will; D. Trust; E. None of the above.

Answer: A 16. Grandpa voluntarily transfers title to his 2011 flaming red Corvette to you. This is known as: A. Trust; B. Seisin; C. Testamentary transfer; D. Gift; E. Intestate transfer.

Answer: D 17. To recoup their costs in the development of plants such as lupinus texensis, a/k/a the "maroon bluebonnet" and Beta Sweet carrots, a/k/a the "maroon carrot," scientists and their sponsors usually file: A. Patents; B. Trademarks; C. Copyrights; D. Restrictive covenants; E. None of the above.

Answer: A 18. Keisha's grandfather has created a trust for the benefit of the grandchildren: A. He may limit access to the funds by requiring that the money only be expended for their education; B. He may extend the terms of the trust into perpetuity; C. He may not protect the money from her creditors since Keisha is a known spendthrift;

59 D. He may not act as co-trustee of the funds himself; E. All of the above.

Answer: A 19. You wish to open a daycare center in your home. This is an area of single-family dwellings, not a commercial area. You must obtain permission from the City because of: A. Sector planning; B. Zoning; C. Eminent domain; D. Covenants; E. All of the above.

Answer: B 20. Jorge, who is very wealthy, wishes to provide financial protection for his elderly mother and his children in the event of his death. His will is likely to: A. Contain a clause giving his mother a life estate in his property and naming the children as remaindermen; B. Contain a clause setting up a trust from which both his mother and the children could draw for support and maintenance; C. Contain a clause transferring his property to his brother, in trust, with his mother to receive the income from the property during her lifetime and with his children receiving the corpus following her death; D. Any of the above; E. None of the above.

Answer: D 21. Creighton wishes to give the family cemetery to his son, Buchanan, with the strongest title possible. Which type of instrument will he use?

A. Quitclaim deed; B. Warranty deed; C. Special warranty deed; D. Contract for deed; E. None of the above.

Answer: B 22. Santa Fe is noted for the uniformity of its architectural style. This uniformity could be the result of: A. Easements; B. Restrictive covenants among private parties; C. Zoning by the government;

60 D. A and B; E. B and C. Answer: E

23. Which of the following is categorized correctly?

A. Stocks and certificates of deposit--tangible property; B. Property owned jointly by siblings--community property; C. Timber grown as a crop--realty; D. Right to a certain percentage of profits from the sales of oil and gas--mineral royalty interest.

E. Right to protect the design of the better mousetrap from production by someone else— trademark.

Answer: D Essay Questions 1. Distinguish between a freehold and leasehold estate and discuss the attributes of each.

2. The system of feudalism is the source of much of today’s property law. Discuss feudalism and its remnants in our current jurisprudence.

3. Identify various freehold estates and the attributes of each.

4. Identify and discuss types of concurrent ownership including, but not limited to, marital estates.

5. Define and discuss easements, licenses, profits, and covenants. Give examples.

6. Discuss limitations on ownership interests including, but not limited to, historic preservation, zoning, and eminent domain.

7. Identify and discuss various methods of inception of titles and liens as well as the characteristics of different types of deeds.

8. Discuss the requisites for a valid will and the effect if one procrastinates and does not actually execute some type of will.

9. Describe the formation of a trust and contrast its effect with that of a gift.

10. Trace the historical development of intellectual property.

11. Define and distinguish among patents, copyrights, and trademarks and the legal interests protected by each.

61 CHAPTER 13: FAMILY LAW

Multiple Choice Questions 1. Which of the followingmust Rhett prove in order to obtain a divorce in most states?

A. Residency; B. Venue; C. Groundsfordivorce; D. Maritalassetsanddebts; E. All of the above.

Answer: E 2. Whenparentsliveapart, the courtusuallyenters an order: A. Allowing one parenttheright to establishthe child's domicileand to havephysicalcustody of the child; B. Establishingvisitationrightsforthenoncustodialparent; C. Orderingthe noncustodial parent to paychild support; D. That is modifiable at a later date if the circumstances of the child and/ortheparent change; E. All of theabove.

Answer: E 3. Assume that Rush and Marta are divorcing in a common-law state, that the marital estate is substantial, and that the parties do not agree on a propertysettlement. If the judge makes the property divison, which is likely to occur?

A. Rush'scompensationpackageof $38,000,000peryearandhis$100,000,000signingbonuswill beawarded tohim; B. Thatthedebtsfromthefailedmagazineand tie businessthatthecouplebeganafterthe marriage would belong to both; C. That the $24,000,000 ocean-front Palm Beachmansionwhere Rush currentlyresides and that houses his business will be awarded to him since it was purchased with his earnings; D. Thatthe$2,000,000 apartmentthatwaspurchasedonly in Marta's name would be awarded to her; E. Alloftheabove.

Answer: E 4. Today, a legally-recognized parent-child relationship may be created in the following ways: A. Parenthood by contract; B. Parenthood by biology; C. Parenthood by adoption; D. All of the above; E. None of the above.

Answer: D

62 5. Lucinda's biological parents never legally married, and there was no father listed on her birth certificate. Patrick, the putative father, wishes to seek custody following the death of Lucinda's mother. He: A. May initiate a paternity suit if Lucinda's maternal grandparents are opposed to the custody; B. May initiate a suit to voluntarily legitimate Lucinda; C. Will be subject to the test of what is in the best interest of the child; D. All of the above.

E. None of the above.

Answer: D 6. The term "no-fault" divorce: A. Meansthatfault is totallyirrelevant to all aspects of thedivorceincludingchildcustodyand propertysettlement; B. Meansthatthepetitioner or plaintiff does not have to provefault in order to receive a divorce; C. Meansthattheproceduresfor divorce are now muchmore complicated; D. Meansthat each partymust payall of his or her costs of the litigation, similar to "no-fault" insurance; E. All of the above.

Answer: B 7. Rhett and Scarlett are divorcing in Texas, a community property state. Their property includes the following: 1) Tara, her plantation; 2) Smugglers Unlimited, hisbusiness; and 3) Twelve Pines, thenew plantationpurchasedduringmarriage. Rhettreceives Twelve Pines and the mortgage that goes with it in the divorce. In regard to the mortgage: A. Scarlett is nowfreefrom anyobligation to repaythedebt; B. Rhett is absolutely relieved of any obligation to repay the debt; C. Botharefreedfrompayments; D. Both are still liable for the full amount although Rhett is primarilyresponsible; E. None of theabove.

Answer: D 8. The primaryquestion for a jury in decidinga child custodycase is: A. Gender of theparent; B. Gender of thechild; C. Best interest of the child; D. Respectivefinancial resources of parents; E. Noneoftheabove.

Answer: C 9. Familylaw is primarilywithin the province of: A. Stategovernment; B. Nationalgovernment; C. Localgovernment; D. Churches; E. All of theabove.

63 Answer: A 10. An annulment: A. Is availableonly if themarriagehas not been consummated; B. May be givenonly by religious authorities andhas no application in the secular law system; C. Declares that amarriage is voidfrom its inception; D. Has no propertyconsequences; E. All of the above.

Answer: C 11. Laura and Edgarestablish a common-lawmarriage in a community-propertystatethat permits the creation of the relationship: A. Both are liable for debts incurred after the marriage creation; B. Edgarownsone-half ofher earnings; C. Theymustobtainaformaldivorce to dissolve their relationship; D. This marriage will be recognized throughout the United States, E. All of the above.

Answer: E 12. Judges or juries determining the “best interest of the child” in a custodybattle consider which of the following factors?

A. Physical safety of the child; B. Present and future emotional and physical needs of the child; C. Parentingskills of the person seekingcustody; D. Stability of the home and the parent; E. All of the above.

Answer: E 13. Which of the following is correct about adoptions?

A. Onlyminors may be adopted; B. If the adoptee is under the age of eighteen, the legal rights of the biological parentsmust be terminated before the adoption mayoccur; C. Some statutes (Indian Child Welfare Act) and treaties (Intercountry Adoption Act) impose additional restrictions and limitations on certain types of adoptions; D. A and B: E. B and C. Answer: E. 14. Rights and responsibilities of parents include which of the following?

A. Right to have physical possession of the minor child; B. Duty to financially support minor children; C. Right to determine medical, surgical, and psychiatric treatment of a minor child; D. Duty to provide care, control, supervision, education, and reasonable discipline;

64 E. All of the above.

Answer: E. 15. Which of the following is correct?

A. The first formal requirements imposed by a government for obtaining a divorce were created by the Romans; B. In England, the wife and children were essentially treated as chattels until the passage of the Matrimonial Causes Act of 1857; C. Religious-based laws traditionally have influenced the legal relationship between family members, and the pattern continues to this day; D. All of the above; E. None of the above.

Answer: D. 16. Dissolution of marriage involves the division of the marital estate between the spouses.

Which of the following is correct?

A. Alimony is awarded from future earnings of the spouse and is based on the respective resources of the spouses; B. The division of property currently owned by the spouses is alimony; C. Orders for alimony cannot be enforced across state lines; D. All of the above; E. None of the above.

Answer: A. 17. The parent-child relationship may be terminated: A. By litigation brought by the state if there is abuse or neglect; B. By the emancipation of the minor child through court order or by the child reaching the age of eighteen; C. By voluntary action on the part of the parent with court approval; D. All of the above; E. None of the above.

Answer: E. Essay Questions 1. Define and discuss the procedures for creating a valid informal marriage and a formal marriage.

2. Compare and contrast divorce and annulment.

3. Trace the history of women’s property rights including, but not limited to, both common law and community property principles.

4. Identify and discuss the issues in dissolution of marriage.

5. Identify and discuss various methods of establishing the parent-child relationship, the

65 obligations thereof, and the methods of ending the relationship.

66

CHAPTER FOURTEEN: CONCLUSION

Multiple Choice Questions 1. The use of the cloud analogy in the text is designed to make the reader: A. Wish to be outside on a nice day; B. Aware that law, like a cloud, takes shape in the mind of the observer; C. Aware that law, like a cloud, has little substance; D. All the above; E. None of the above.

Answer: B 2. Lincoln’s wolf-shepherd-sheep analogy illustrates that law: A. Is a tool of capitalism; B. Is viewed by everyone the same way; C. Can be viewed as both a protector of rights and an oppressor of rights; D. Is neutral in how it affects people; E. None of the above.

Answer: C 3. Understanding the relationship between law and politics is important because: A. Many elected political officials who make our laws are trained in the law; B. No one untrained in the law can truly understand politics; C. The best politicians are always lawyers; D. All the above; E. None of the above.

Answer: A 4. Perhaps the best example of how changes in the law are affected by changes in society can be seen in how the law: A. Treats the rights of those accused of crimes; B. Treats children;

67 C. Treats women; D. Treats the rights of African-Americans; E. None of the above.

Answer: D 5. Which of the following best describes the views of your authors on the nature of the law?

A. Law is ultimately a source of evil but remains a necessary evil; B. Law is fashioned by an “invisible hand” that protects us from evil; C. Law is totally neutral in terms of its enactment and effects on people; D. Law is amoral; E. Law is an evolving and constantly changing concept.

Answer: E Essay Questions 1. Brieflyexplainhowinterestgroups manipulatethelegalsystem to furthertheirowneconomicinterests.

2. Usingdrivingundertheinfluenceas an example, explainhowthelawhas changedtowardpersonscharged withdrivingundertheinfluence (DUI) inthelast 20 years.

3. Explainwhythereis sucha closeconnectionbetweenlawandthestudyof politics.