QUESTION 1: Which of the following is most likely to be governed by states' laws?
Interstate highways
Estates, inheritances, wills, and trusts
Copyrights, patents, and trademarks
Treaties with nations
QUESTION 2: The following is an accurate description of state constitutions:
Each state has the exact same form of constitution as prescribed by the U.S. Constitution
State constitutions widely vary in structure but declare exactly the same individual rights as the U.S. Constitution
States are prohibited from having their own constitutions by the U.S Constitution
State constitutions have the same basic three-branch structure but vary in the details of government organization and declarations of individual rights
QUESTION 3: Which of the following is most likely to be primarily governed by federal law:
Real estate conveyances, mortgages, and taxes
Estates, inheritances, wills, and trusts
Copyrights, patents, and trademarks
Noise and nuisances
QUESTION 4: The following describes the common law:
Laws adopted by legislatures
Laws incorporated from foreign jurisdictions
Laws based on constitutional principles
Laws developed by judges for matters not covered by statutes, by which later courts abide
QUESTION 5: In what part of the U.S. Constitution is freedom of speech identified?
Article I
First Amendment
Fifth Amendment
Tenth Amendment
QUESTION 6: The law found to be unconstitutional in Griswold v. Connecticut was:
Repealed by a representative legislature but reinstated by two state courts
Enacted by a representative legislature and upheld by two state courts
Repealed by a representative legislature but reinstated by the U.S. Supreme Court
A common law rule recently developed by state courts
QUESTION 7: The Bill of Rights was:
Part of the original U.S Constitution
Added to the U.S. Constitution during the first Congress to address concerns about protection of individual rights not expressly protected
Rejected during ratification of the U.S .Constitution but individually added as amendments over the course of the next century
Stated as an ideal but never part of the U.S. Constitution
QUESTION 8: In Griswold v. Connecticut, on what basis did concurring Justice Goldberg see authority in the Ninth Amendment for a right of privacy?
The right of free association
Reservation to the people of fundamental rights not expressly stated in the Bill of Rights
Reservation to the states of the power to declare additional constitutional rights
The right of free expression
QUESTION 9: In what part of the U.S. Constitution does an Equal Protection Clause appear?
First and Fifth Amendments
Only the Fifth Amendment
Fifth and Fourteenth Amendments
Only the Fourteenth Amendment
QUESTION 10: The U.S. Supreme Court held that separate public schools were inherently unequal in:
Brown v. Board of Education
Bolling v. Sharpe
Plessy v. Ferguson
Harris v. Davis
QUESTION 11: Use of numerical quotas to achieve racial diversity was:
Held to be unconstitutional in Brown v. Board of Education
Held to be constitutional in Grutter v. Bolinger
Held to be constitutional in Regents of Univ. of Cal. v. Bakke
Held to be unconstitutional in Regents of Univ. of Cal. v. Bakke
QUESTION 12: In what part of the U.S. Constitution does a Due Process Clause appear?
First and Fifth Amendments
Only the Fifth Amendment
Fifth and Fourteenth Amendments
Only the Fourteenth Amendment
QUESTION 13: To what extent is expressive conduct protected by the First Amendment?
Not at all
Government may not restrict expressive conduct unless the conduct is accompanied with spoken or written statements
Government has a freer hand in restricting expressive conduct than the written or spoken word but may not prohibit particular conduct merely because it has expressive elements
Government may not restrict expressive conduct if accompanied with statements
QUESTION 14: To what extent must a religion be well established in history for its practices to be protected under the First Amendment?
It need not be
It must be well-established or logically derived from a well-established religion
It must meet community religious standards
It must meet national religious standards
QUESTION 15: Which of the following does the First Amendment provide with respect to freedom of speech?
"Congress shall make no law . . . abridging the reasonable freedom of speech"
"Congress shall make no law . . . abridging the freedom of speech"
"Congress shall make no unreasonable law restricting the freedom of speech"
"Congress shall protect the reasonable freedom of speech"
QUESTION 16: Which of the following is the most correct description of state public records laws?
They vary in their details but in essence are similar to the federal Freedom of Information Act
There are none
By federal law they must be the same as the federal Freedom of Information Act
They apply only to local governments and not to state government
QUESTION 17: To whom does the federal Government in the Sunshine Act apply?
Federal agencies
Congress
U.S. Supreme Court
U.S. military
QUESTION 18: What was at issue the 1971 U.S. Supreme Court case of New York Times Co. v. United States?
The right of the press to obtain public records
The right of the press to participate in government proceedings
The authority of the executive to obtain court restraint of a publication
The authority of the courts to order the executive to release information
QUESTION 19: Which of the following is the language from the First Amendment regarding the freedom of the press?
"Congress shall make no law . . . abridging the freedom of . . . the press"
"Congress shall make no law . . . restricting the right of the press to information"
"No law shall prohibit the right of the press to full access to information"
"Congress shall protect the reasonable freedom of the press"
QUESTION 20: All of the following can be registered with the U.S. Patent and Trademark Office except:
Trade secrets
Patents
Copyrights
Trademarks
QUESTION 21: What payment does the U.S. Constitution require to the owner when government acquires property through use of eminent domain?
No payment is required if the taking is for public use
Fair market value of what is taken
No payment is required
The value determined by the power doing the taking provided it is not irrational
QUESTION 22: The U.S. Supreme Court has held that local zoning regulations are constitutional if:
They bear a rational relation to the health and safety of the community
They are uniformly applied throughout the state
They do not restrict commercial development
Owners are paid fair market value compensation if the uses of their property are restricted
QUESTION 23: In a corporation the following have the legal authority to make fundamental decisions about corporate existence:
Vice presidents
Shareholders
Partners
Managers
QUESTION 24: Limited liability companies are a popular form of business entity because:
They require no formal organizational steps
They pay no federal taxes
They offer the liability protections of a corporation but there is no tax at the entity level
The entity has no liability
QUESTION 25: The federal rules for general government contracting requirements are the:
Code of Federal Regulations
Federal Acquisition Regulation
U.S. Code of Contracts
Federal Contracting Rules
QUESTION 26: The following is the most accurate description of a public employer's legal right to consider political affiliation in hiring and termination decisions:
It may be considered if the employee's political beliefs with interfere with discharge of public duties in a policymaking or confidential position
It may never be considered
It may only be considered if a statute specifies it as a consideration for the position
It may always be considered if the employee's political beliefs are not the same as the elected officials
QUESTION 27: Under the usual state whistleblower law a public employee:
May always recover damages whenever an employer has caused harm with illegal conduct
Has a right to testify about an employer's trade secrets when the employer has violated the civil rights laws
May be reinstated if terminated for pursuing a legally protected right
May campaign against a employer who is an elected official
QUESTION 28: Title VII of the Civil Rights Act of 1964:
Prohibits employers from discrimination against an individual in employment based religion
Prohibits employees from engaging in political activity while employed
Gives employees the right to retirement benefits
Gives employees the right to form unions
QUESTION 29: The Age Discrimination in Employment Act applies to employees who are at least the following age:
40
50
60
65
QUESTION 30: In a tort claim punitive damages are:
Always recoverable
Recoverable in some jurisdictions under certain circumstances if not arbitrary or irrational
Not recoverable in any jurisdiction
Unconstitutional unless authorized by statute
QUESTION 31: Medical expenses for injuries suffered as a result of someone else's negligence would be considered what kind of damages?
Pain and suffering
Expectancy
Mitigation
Compensatory
QUESTION 32: The Federal Tort Claims Act:
Prohibits all tort claims against a federal employee
Authorizes suits for injury caused by a state employee acting within the scope of employment
Authorizes suits for injury caused by a negligent act of a federal employee acting within the scope of employment
Allows suits only against state supervising officials and not federal employees
QUESTION 33: The Fourth Amendment prohibits
Unreasonable searches and seizures
Arrest without an indictment
Searches and seizures without a court order
Warrants based on probable cause as determined by judges
QUESTION 34: The compilation of all federal rules currently in effect is:
Code of Federal Regulations
U.S. Code
Federal Register
U.S. Code Annotated
QUESTION 35: The federal Administrative Procedure Act was enacted in:
1789
1865
1946
1964
QUESTION 36: An agency rule that explains an agency's understanding of the law or its regulations is known as:
Substantive
Interpretive
Procedural
Appellate
QUESTION 37: An elected public official who improperly applies public property to personal use:
Cannot be prosecuted because elected officials have immunity
May be subject to criminal prosecution for embezzlement
Cannot be prosecuted unless more than $100,000 was taken
Cannot be prosecuted because all public officials have sovereign immunity
QUESTION 38: Local government ethics rules tend to:
Be more specific and more rigorously enforced than at the federal or state level of government
Be more general and aspirational than at the federal or state level of government
Mirror the rules that apply to federal agencies
Be tied to strict criminal sanctions
QUESTION 39: State ethics laws:
Always apply to all state and local officials and employees
Only apply to municipal employees
Vary in their application but usually apply to state public officials and some public employees
Always apply only to elected officials
QUESTION 40: In a mediation:
The dispute is submitted to a third party who issues a binding decision
The parties submit their arguments to a panel that recommends a decision to a judge
A third party leads the parties and their lawyers through a discussion intended to result in a voluntary agreement
A third party gives a non-binding opinion about which of the parties has the better case
QUESTION 41: Injunctive relief is:
A court order that someone do or not do something
An award of damages equal to actual economic loss
A public apology
Only awarded to the government
QUESTION 42: In litigation, the plaintiff:
Is the party initiating the lawsuit with a claim
Is the party against whom the lawsuit is initiated
Is prohibited from seeking relief in the case
Is not a party in the case
QUESTION 43: Which of the following representations by a lawyer to a court during a trial would likely be a breach of the lawyer's professional obligations?
"The state supreme court may have recently ruled against us on this issue, but there are good reasons why this court should adopt a different approach."
"You have heard two conflicting versions of the facts, and I urge you to conclude that my client's version is more believable."
"You have heard two conflicting versions of the facts, and I urge you to conclude that my opponent's version is not credible."
"I have been around a long time and I have had many clients, and I can stake my personal reputation on the fact that my client's testimony is truthful."
QUESTION 44: Under which of the following circumstances may a lawyer disclose a confidential client-lawyer communication?
If the lawyer determines that the disclosure is in the client's best interest
If the client consents
If the lawyer determines that the disclosure is reasonably necessary
Whenever the lawyer chooses to do so
QUESTION 45: A lawyer is licensed to give advice in a specialty area, such as real estate law, only if:
The lawyer passes a state specialty exam and receives specialty certification
The lawyer completes a professional certification course in the specialty
The lawyer passes a federal specialty exam and receives specialty certification
The lawyer is licensed to practice law within the jurisdiction
QUESTION 46: A lawyer who represented the government in a particular matter:
May not represent private clients in the same matter if the lawyer was directly involved in behalf of the government
Is not restricted in representation of private clients in the same matter
May represent private clients in the same matter after one year after the lawyer's government employment terminated
May represent private clients in the same matter if the private clients consent
QUESTION 47: A series of publications that provide a means of checking cases, statutes, and other authority for subsequent and related authority is:
Law Revisions
American Jurisprudence
Shepard's
American Law Reports
QUESTION 48: C.F.R. stands for:
Combined Federal Rules
Code of Federal Regulations
Court Finding Register
Clearinghouse of First Rules
QUESTION 49: In an A.L.R. you would find:
International treaties
State code sections
Articles that summarize and organize federal and state law on particular topics
Administrative rules
QUESTION 50: Local government ordinances are published:
By the local governments and often included in the Municode data base
By the state governments as part of the state code
By the federal government as part of the state codes
In Shepard's