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Federal question cases are those:
A. that have the United States as a party.
B. based on issues arising out of the U.S. Constitution.
C. based on controversies among the states.
D. based on certain suits between citizens of different states.
E. cases between a citizen and a corporation.
An overt act is:
A. an act with the intent to obstruct the legislative process or a judicial process.
B. an attempt by a bankrupt debtor to falsify the information filed in the bankruptcy
proceedings.
C. a means to secrete, falsify, mutilate, fraudulently transfer, withhold information or
knowledge required by law to be made known.
D. an agreement or a "kind of partnership" for criminal purposes in which each member
becomes the agent or partner of every other member.
E. any transaction or event knowingly committed by a conspirator in an effort to
accomplish some object of the conspiracy.
Which of the following is true about regulation of foreign commerce?
A. The power to regulate foreign commerce is vested exclusively in the state
governments.
B. The power to regulate foreign commerce is incomplete.
C. The federal government has no right to prohibit foreign commerce entirely.
D. Local governments can never attempt to regulate foreign commerce.
E. The federal may impose restrictions on foreign commerce.
After the plaintiff has presented all of the evidence, the defendant may make a motion
for _____, which is granted if the evidence, taken in the light most favorable to the
plaintiff, establishes as a matter of law that the defendant is entitled to a verdict.
A. voir dire
B. res judicata
C. summary judgment
D. directed verdict
E. peremptory challenge
If a person involved in a case involving freedom of the press is a public official or
figure, a plaintiff seeking damages for emotional distress caused by offensive
publications must prove _____ in order to recover.
A. slander
B. actual malice
C. common law malice
D. vilification
E. traducement
If a contract contains a condition precedent it means that:
A. performance will be due upon the happening of some specified future event.
B. performance will be excused upon the happening of some specified future event.
C. performance must be completely done according to contract specifications or the
contract is breached.
D. impossibility of performance will not be an acceptable excuse for nonperformance.
E. performance will be due upon the simultaneous duty to perform of the parties.
Public employees are protected from some drug testing by the ____ Amendment's
prohibition against unreasonable searches.
A. First
B. Fifth
C. Fourth
D. Tenth
E. Seventeenth
According to the Sarbanes-Oxley Act, auditors are required to preserve audit records for
a period of:
A. three years.
B. five years.
C. two years.
D. nine years.
E. seven years.
Josh borrows Amanda's car to get to school. Josh is obligated to exercise _____.
A. the level of care imposed by Amanda
B. a reasonable duty of care
C. a slight duty of care
D. the level of care imposed by Amanda's parents
E. a very high duty of care
According to the Securities Act of 1933, which of the following is considered legal
during the prefiling period?
A. Selling a covered security.
B. Negotiations and agreements with underwriters.
C. Offering to sell a covered security.
D. Offering to buy a covered security.
E. Sellers may solicit offers for later acceptance.
Under the Clean Air Act, the:
A. EPA sets national ambient air quality standards and the states devise implementation
plans.
B. states set national ambient air quality standards and the EPA devises implementation
plans.
C. EPA sets national ambient air quality standards and also devises the implementation
plans.
D. states sets national ambient air quality standards and also devise the implementation
plans.
E. states sets national ambient air quality standards and the local governments devise
the implementation plans.
The federal courts have original jurisdiction over all of the following matters EXCEPT:
A. questions of federal law.
B. suits between citizens of the same state.
C. controversies among the states.
D. when the U.S. is a party.
E. cases arising out of the U.S. Constitution.
Article 6 of the Treaty on European Union, called the Maastricht Treaty, says the EU is
"founded" on:
A. specific performance.
B. private markets.
C. staredecisis.
D. rule of law.
E. property.
Many advertisers and marketers have been required to pay damages to individuals when
pictures of them have been used without authorization to promote products. In this
situation, which of the following torts was committed by the advertisers and marketers?
A. Assault
B. Defamation
C. Battery
D. Invasion of privacy
E. Malicious prosecution
_____ stands for the idea that courts should interpret the Constitution only according to
the intentions of those who wrote it.
A. Constitutional relativity
B. Originalism
C. Legal realism
D. Dicta
E. Conflicts of law
Which of the following is true of tort law?
A. The law of tort itself is criminal rather than civil.
B. Tort law typically deals with breach of contract.
C. It protects people from being tried twice for the same crime.
D. It provides compensation to those workers who have been injured on the job.
E. It sets limits on how people can act and use their resources.
According to Roger Fisher, William Ury, and Bruce Patton, the element of
interest-based negotiation that instructs parties to brainstorm possible solutions to the
dispute is referred to as:
A. options.
B. collaboration.
C. puzzle-solving.
D. preparatory positioning.
E. legitimacy.
Snow Crystals Inc., a leading skate park construction company, had constructed a skate
park with a charter in the state of Alaska. A few years later, when the state authority
sanctioned the Nightingale Bridge Company to build a bridge that would use the land
where the skate park was already constructed, the proprietors of Snow Crystals claimed
that the state authority had broken its agreement with Snow Crystals, and thus the
contract had been violated. The owners claimed that the charter had implied exclusive
rights to Snow Crystals Inc. Which of the following should be applied to enable Snow
Crystals Inc. avail justice?
A. Preemption doctrine
B. State clause
C. Contract clause
D. Overbreadth doctrine
E. Supremacy clause
The Clayton Act of 1914 was passed principally to:
A. force employers to pay a minimum wage.
B. ensure shorter work weeks.
C. strengthen the antitrust laws.
D. establish a national labor relations board.
E. enable management control over workers.
The faculty of a college or university is unionized. They vote to strike. Which of the
following would apply under the Taft-Hartley Act?
A. A 60 day cooling off period.
B. An 80 day cooling off period.
C. A 90 day cooling off period.
D. No cooling off period would apply.
E. They would be held guilty of precipitating a state of national emergency.
Big Prime is a major lender licensed to lend only in Delaware. Big Prime finds that
customers in Sussex County perform far below customers in the other counties. Assume
that the county which is heavily into farming and low-paying industrial jobs is 25
percent African-American and has a 40 percent population of legal and illegal
immigrants. Big Prime finds that while it is profitable overall, it is losing money on the
Sussex County loans. Further research reveals that Sussex County is one of the
poorest-performing customer bases nationwide and most companies doing business
there are losing money. The board of directors decides not to make any more loans in
Sussex County. Big Prime is violating provisions of the:
A. Federal Trade Commission.
B. Fair Credit Reporting Act.
C. Truth-in-Lending Act.
D. Fair Debt Collection Practices Act.
E. Equal Credit Opportunity Act.
Which of the following is true of a trial by jury?
A. Juries are used in all civil and criminal cases.
B. Federal law does not specify the types of cases that can be tried by juries.
C. The right of trial by jury is guaranteed in both criminal and civil cases.
D. In most states, a jury's decision need not be unanimous, but must be based on a
simple majority.
E. Federal law specifies that juries for criminal cases must be made up of twelve jurors.
A property based legal system:
A. is unimportant in Western legal systems.
B. protects and assists the wealthy over the poor.
C. applies only to common property or resources like land that more than one individual
owns jointly.
D. does not allow for the transfer of private resources.
E. allows people to exclude others from interfering with what their efforts produce.
_____ can be thought of as the central concept underlying Western legal systems.
A. Rule of law
B. Property
C. Tort law
D. Ethics
E. Stare decisis
According to the mailbox rule:
A. a contract is formed when the offer is mailed.
B. a contract is formed when the offer is received.
C. a contract is formed when the acceptance is received.
D. a contract is formed when the acceptance is mailed.
E. a contract is formed when the offer is converted in a written document.
Which of the following is intangible property?
A. A patent
B. A car
C. Oxygen
D. A house
E. Gold
The _____ has stated that everyone must have health insurance coverage beginning in
2014.
A. Health Care Act of 2010
B. Health Insurance Portability Act of 1996
C. Healthy American Act of 2007
D. Occupational Safety and Health Act of 1970
E. Affordable Care Act of 2010
The _____ has the responsibility of defining "any qualifying exigency" arising out of
the fact that a family member is on active duty in support of a contingency operation.
A. Department of Justice
B. Department of Labor
C. Department of Interior
D. Department of Defense
E. Department of State
Administering laws to prohibit distribution of adulterated, misbranded, or unsafe food
and drugs is a function of _____.
A. FCC
B. FTC
C. FRB
D. FDA
E. FAA
The _____ of the U.S. Constitution is often used to set aside state laws that improperly
deny arbitration of certain disputes.
A. Takings Clause
B. Bill of Rights
C. Supremacy Clause
D. Third Amendment
E. Due Process Clause
Most cases brought by the Bureau of Consumer Protection are settled using:
A. cease and desist orders.
B. arbitration.
C. mediation.
D. injunction.
E. consent orders.
Eva has opened a women's-only health spa. She requires 21 employees and has so far
hired 20 employees. Sixteen of the hires are women. Four are men who do overnight
custodial and maintenance work when the spa is closed. Eva puts an ad in the paper for
a locker room attendant and Jack applies for the job. When Eva tells Jack that she will
only hire a woman, Jack sues for discrimination based on sex. Which of the following is
true?
A. Jack wins under Title VII if he can show that he is capable of doing locker room
attendant functions.
B. Jack wins because men are under represented at the spa and so affirmative action
requires that Eva must hire men to set right the imbalance.
C. Eva wins because it is her facility and she can hire and fire whoever she wants.
D. Eva wins because it is likely that she can show that being female is a BFOQ for the
position.
E. Jack wins as this act promotes one gender at the cost of the other which is a case of
gender discrimination under Title VII.
For Immanuel Kant, to be ethical requires that a person act:
A. only under coercion.
B. only to benefit himself.
C. out of a sense of duty.
D. with a good intent.
E. without the influence of others.
