1) The court's decision in Brown v. Board of Education had what effect on the decision made in Plessy v. Ferguson?
a. It showed that precedent can be overruled and is not binding in every situation.
b. It applied the Doctrine of Stare Decisis.
c. It showed that the Constitution is not subject to interpretation.
d. It applied the principle of preemption.
e. It followed precedent.
2) Someone who believes that law is a reflection of those in power, believes in which school of jurisprudential thought?
a. The Analytical School.
b. The Natural School.
c. The Command School.
d. The Historical School.
e. The Psychological School.
3) Which of the following is a false statement regarding the citizenship and immigration policy of the United States?
a. Immigration quotas are different for each foreign country.
b. The first immigration quota policy was enacted in the 1920s.
c. The immigration quota policy was repealed after World War II.
d. There is an immigration quota policy in effect today in the United States.
e. Immigration laws are administered and enforced by the United States Customs and Immigration Service.
4) The remedy, or relief, that was available in the law courts of England was:
a. specific performance.
b. monetary awards for damages.
c. fines and imprisonment.
d. returning the parties to their positions before the dispute arose.
e. Any of the above, and any other remedy determined to be fair in the particular case.
5) Chancery Courts were also known as:
a. Criminal Courts.
b. Equity Courts.
c. Legal Remedy Courts.
d. Merchant Courts.
e. Law Courts.
6) When statutes are organized by topic, the resulting compilation of law is known as:
a. precedent.
b. a code.
c. civil law.
d. topical presentation.
e. common law.
7) Which of the following is not empowered to establish administrative agencies?
a. A state executive branch.
b. Congress.
c. A federal or state judicial branch.
d. A state legislative branch.
e. The federal executive branch.
8) For which of the following in the U.S. Congress can the number to which a state is entitled change over time?
a. All members of the U.S. Congress.
b. Senators.
c. Both Senators and representatives.
d. Neither senators nor representatives.
e. Representatives.
9) The power of the federal government to make treaties with Native American Nations regarding land and land use is derived from the:
a. Privileges and Immunities Clause.
b. Supremacy Clause.
c. First Amendment.
d. Commerce Clause.
e. Equal Protection Clause.
10) If there is an area of interstate commerce that the federal government has chosen not to regulate, the states can:
a. not regulate in that area because states cannot pass laws affecting interstate commerce.
b. regulate in that area so long as the state law does not unduly burden interstate commerce.
c. not regulate in that area because the federal government's decision to not regulate in
an area implies that there is to be no regulation in that area at any level.
d. regulate without restriction in that area.
e. regulate in that area so long as it first gets the requisite approval from Congress.
11) In relation to freedom of speech:
a. commercial speech receives no protection due to its profit motive.
b. all speech receives the same degree of Constitutional protection.
c. commercial speech receives the same protection as any other speech or any person.
d. it is not an absolute right.
e. most speech critical of the government can be restricted because such speech can be destabilizing.
12) Substantive due process requires that:
a. a defendant not be tried twice for the same crime.
b. a notice and hearing be given before one is deprived of life, liberty or property.
c. a criminal defendant have an attorney present at all times.
d. government statutes, ordinances and regulations be clear and not overly broad.
e. a law treat all persons the same.
13) Assume that Congress passes a statute that bans the use of personal watercraft on any body of water before 8:00 a.m. and after 9:00 p.m. Congress based its passage of the law on its authority to regulate interstate commerce because it believed that fewer persons would buy personal watercraft because of this law. In a constitutional challenge, most likely:
a. the law would be found unconstitutional because any effect on interstate commerce is too remote for this to be a valid exercise of federal power.
b. the law would be constitutional because of the federal government's police power.
c. the law would be found to violate the Equal Protection Clause because it applied on water, but not on land.
d. the law would be found constitutional only if it did not conflict with a valid state law.
e. the laws would likely be a violation of equal protection rights under the U.S. Constitution.
14) Judges for federal courts are selected:
a. by the sitting federal judges within the same circuit.
b. by the President, subject to confirmation by the Senate.
c. by the Supreme Court justices.
d. by election by the voters within the state where they preside.
e. by nationwide election.
15) The Court of Appeals for the Federal Circuit is the appellate court for:
a. federal Circuit Courts.
b. the U.S. Tax court and U.S. Bankruptcy Court.
c. federal district court cases.
d. the Court of Claims, the Patent and Trademark Office and the Court of International Trade.
e. both C and D.
16) In most cases, following a decision by the Circuit Court of Appeals:
a. either party has a right to have the Supreme Court review the merits of the case.
b. either party can request that the Supreme Court review the merits of the case, but the Supreme Court denies this request in most cases.
c. the case cannot be appealed further.
d. the Circuit Court of Appeals decision must be reconfirmed by the District Court where the case was originally tried.
e. either party can request that the Supreme Court review the merits of the case, with the request being granted unless the Circuit Court of Appeals decision was clearly correct.
17) Which of the following is true regarding federal question jurisdiction?
a. There is a dollar-amount limit of $75,000 on federal question cases that can be brought in federal court.
b. There is a dollar-amount limit of $100, 000 on federal question cases that can be brought in federal court.
c. There is no dollar-amount limit on federal question cases that can be brought in federal court.
d. There is a dollar-amount limit of $50,000 on federal question cases that can be brought in federal court.
e. There is a dollar-amount limit of $10,000 on federal question cases that can be brought in federal court.
18) When parties to a contract agree upon which state court will have jurisdiction should litigation become necessary, that contract clause is called a:
a. jurisdiction selection clause.
b. choice-of-law clause.
c. standings clause.
d. venue selection clause.
e. forum-selection clause.
19) Which of the following pleadings could typically be filed by a defendant in a lawsuit?
a. Answer and complaint.
b. Complaint and cross-complaint.
c. Cross-complaint and reply.
d. Answer and cross-complaint.
e. Motion to intervene and complaint.
20) When an appellate court receives a case appealed to it, it will:
a. retry the case with a new jury.
b. review the record of the trial court so see if there were any errors of law made by the judge.
c. review the jury's verdict to see if the appellate court judges would have reached the same result.
d. review the record to see if it would have made the same decision as the jury.
e. retry the case with the appellate court judge acting as the jury.
21) In general, an appellate court might typically reverse which of the following?
a. The trial court's conclusions of law.
b. The jury's findings of fact.
c. Both A and B.
d. Neither A nor B.
e. The trial court's findings of fact.
22) Arbitrators and mediators are also called:
a. impartials.
b. disinteresteds.
c. dispassionates.
d. neutrals.
e. equitables.
23) The best description of misappropriation of the right to publicity is:
a. publicizing private information about someone without that person's consent.
b. publishing the creative work of another and claiming that it is yours.
c. claiming credit for the accomplishments of another.
d. publicly claiming to have accomplished something that you have not accomplished.
e. attempting to use another living person's name or identity for commercial purposes without that person's consent.
24) A landowner owes a duty of ordinary care to:
a. licensees and invitees.
b. licenses and invitees only if business activities are involved.
c. invitees only.
d. licensees only.
e. none of the above.
25) Sam, who weighs 250 pounds, calls his 110 pound girlfriend, Alice, one morning while she is at work. He says, "You are to stay in your office until midnight. If you come to my house before midnight, I will make you sorry that you did." Assuming that Alice
usually leaves her office at 5:00pm but stays until midnight that night because of the threat, if Alice files a false imprisonment case against Sam, a court most likely will find that:
a. there was no false imprisonment because Sam and Alice previously knew one another.
b. there was false imprisonment because Sam's threat forced Alice to stay in the office.
c. there was no false imprisonment because Alice could have left the office and stayed
away from Sam's house, and because the threat related to future harm.
d. there was false imprisonment only if Alice can prove she reasonably feared Sam.
e. there was no false imprisonment because Alice's office was not a prison, even though it might have felt like one to Alice.