Question 1
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A court may depart from a precedent if the court finds the precedent should no longer be followed.
Question 2
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A long-arm statute is a state law that permits courts to obtain jurisdiction over out-of-state defendants.
Question 3
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The US Supreme Court cannot hold acts of the executive branch unconstitutional.
Question 4
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Restrictions of commercial speech are subject to strict scrutiny.
Question 5
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A trial court is asked by Patricia to seize equitable title to a farm in Muskingham County, Ohio and serve notice to David to come to court and defend a law suit over a defectively drawn will. Patricia is asking the court to exercise in-rem jurisdiction.
Question 6
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A court finds a federal law overlaps with a recently enacted state law. The overlap is incomplete. Therefore the state law is valid in those areas where it does not conflict with the federal law.
Question 7
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Equity is a branch of unwritten law that seeks to award damages in most cases.
Question 8
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A defendant is a person against whom a lawsuit is brought.
Question 9
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A motion for summary judgment may be supported with sworn statements and other materials.
Question 10
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The Bill of Rights protects individuals against various types of interference by the Several States and the Federal government.
Question 11
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Monetary damages is a remedy in equity.
Question 12
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A defendant's answer may admit the allegations made in a plaintiff's complaint.
Question 13
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The First Amendment does not apply to speech such as parades.
Question 14
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The Federal Government may not regulate commerce entirely within a state, even if such commerce would affect commerce in one or more other states.
Question 15
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For purposes of diversity of citizenship, a corporation is a citizen only of the state in which it is incorporated.
Question 16
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When the US Supreme Court decides to hear a case it issues a writ of execution.
Question 17
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The party who loses at trial and brings an appeal is called the appellant.
Question 18
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Peremptory challenges may not be based upon race or gender.
Question 19
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Stare decisis is a doctrine obligating judges to follow precedents established within their jurisdictions.
Question 20
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If a tax passed by Congress is reasonable, it is within the national taxing power.
Question 21
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Taking advantage of the forum state's laws and protections is the basis for finding sufficient minimum contacts for long-arm jurisdictions.
Question 22
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Summary judgment may be granted if there are any questions of material fact still in dispute by the parties.
Question 23
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Each state must have one federal district court to hear cases at law and another to hear cases in equity.
Question 24
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Contraceptive use, marriage and abortion are rights guaranteed in the Eighth Amendment.
Question 25
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The Uniform Commercial code governs only commercial transactions between merchants.
Question 26
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The American political system, which divides the power of government between sovereign states and a sovereign federal government, is an example of
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bicameral government
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federalism
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socialism
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capitalism
Question 27
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At the end of the trial, the judge will tell the jury the law that applies to the case and which issues they must decide. This is known as jury
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directions
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instruction
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sequestrations
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interrogatories
Question 28
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The function of the grand jury is to
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decide the guilt or innocence of a criminal defendant
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decide the liability of a defendant in a civil case
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determine if there is sufficient evidence to bring someone accused of a crime to trial
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determine if there is sufficient evidence to decide the case on summary judgment
Question 29
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Which of the following statements about the UCC is correct?
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The UCC is a federal statute governing businesses engaged in interstate commerce
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The UCC is used only in Texas, California, and Louisiana because it is based upon French and Spanish civil law
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The UCC is a provision of Article I, Section 8 of the US Constitution
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The UCC consists of identical statutes enacted by the states to provide businesses with consistent and predictable laws
Question 30
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Mary, a resident of California, is outraged the US Navy allows civilians on board submarines and believes this practice, along with the captain's negligence, was responsible for the 2001 sinking of a Japanese boat in the waters around Hawaii. She has filed suit in federal district court in Hawaii against the captain and the Secretary of the Navy. Mary is not related to anyone aboard either the sub or the Japanese boat. The most likely result of her suit is
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the court will hear the case because diversity requirements were met
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the court will hear the case because the case raises a federal question
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the court will dismiss the case because Mary lacks standing to sue
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the court will refer the case to the state court in Hawaii
Question 31
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The number of US Supreme Court Justices who must vote to hear a case is
Question 32
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The Age Discrimination in Employment act is a feral statute which makes it illegal for businesses to discriminate against employees who are 40 years of age or older. The power of the federal government to regulate the hiring activities of private businesses is found in the
Question 33
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Jay is a federal judge. Jay's judicial decisions are part of case law. This law includes interpretations of
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administrative regulations only
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constitutional provisions only
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statutes only
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administrative regulations, constitutional provisions, and statutes
Question 34
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The power of the courts to declare legislation invalid because it violates the Constitution is power of
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judicial review
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judicial discretion
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res judicata
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judicial oversight
Question 35
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A state Statute of Limitations, which requires suits for breach of contract to be filed within 2 years of the date of the breach is an example of ___________ law.
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substantive
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procedural
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inculpatory
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judge-made
Question 36
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Which of the following Articles of the US Constitution established the judiciary?
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Article I
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Article II
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Article III
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Article IV
Question 37
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If the defendant does not file an Answer or other response to a civil Complaint, the judge will award the plaintiff whatever damages he asked for in a ____________ judgment.
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default
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demand
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demurrer
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dismissed
Question 38
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The assembled group of people from which a trial jury will be selected is called the
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venue
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venire
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voir dire
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voce popularum
Question 39
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Courts often use transcripts of the legislative hearings and debates that preceded a law's passage to determine the purpose and reach of the law. This background is called a law's legislative
Answer
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legacy
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history
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antecedents
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precedents
Question 40
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Ben is suing Chad in a tort action for property damages and personal injuries he sustained when Chad negligently ran a red light and crashed into Ben in a busy intersection. Ben must convince the jury that the light was red and his injuries were caused by the crash. How convinced must the jurors be that Chad is at fault in order to find Chad liable?
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Beyond a reasonable doubt
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Beyond a shadow of a doubt
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By clear and convincing evidence
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By a preponderance of evidence
Question 41
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Using previous question: Chad wants to file suit against Ben for the injuries he suffered in the crash, claiming it was Ben, and not he, who was at fault. What is the name of the pleading Chad will file with the court to pursue his claim?
Question 42
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The provision in the US Constitution that requires the courts in each state to recognize the validity of contracts and court decisions from other states is the _________ Clause.
Question 43
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Bill sued Ted for libel over statements Ted published in the company newsletter. A jury heard the case and found no libel had occurred because the statements were true. Bill is very unhappy with this decision, but cannot sue Ted again over these statements because of the doctrine of
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judicial restraint
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prior restraint
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stare decisis
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res judicata
Question 44
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The dormant commerce clause refers to
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the power of the federal government to regulate interstate commerce
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the power of the federal government to regulate commerce with foreign nations
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restrictions on state regulations that unduly burden interstate commerce
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the power reserved to the Chief Executive to regulate commerce in national emergencies
Question 45
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If a private employer denied an employee the right to speak freely about political issues in the workplace, the employee could not claim a First Amendment violation because the element of __________ is missing.
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malice
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state action
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mens rea
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scienter
Question 46
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The common law began
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in the Islamic courts of predominantly Muslim countries
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as part of the Roman civil law
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as a body of general rules applied in the courts throughout England
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as a group of legal principles enacted by continental European nations
Question 47
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Dan files a suit against the Federal government to block the enforcement of a new tax law. Dan claims Congress attempted to regulate indirectly, by taxation, an area over which it has no direct authority. Most likely the court will
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invalidate the tax if it is reasonable
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invalidate the tax without considering whether it is reasonable
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validate the tax if it is reasonable
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validate the tax without considering whether it is reasonable
Question 48
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The Ohio state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is
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the Ohio courts
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the President of the US
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the Governor
Question 49
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Leo, a resident of Missouri, owns a warehouse in Platt County, Nebraska. A dispute arises over the ownership of the warehouse with Opal, a resident of Kansas. Opal files a suit against Leo in Nebraska. Regarding this suit, Nebraska has
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diversity jurisdiction
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personal jurisdiction
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in rem jurisdiction
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no jurisdiciton
Question 50
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Mary claims a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on
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procedures used in making decisions to take life, liberty, or property
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the content of the statute
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the similarity of the treatment of similarly situated individuals
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the steps to be taken to protect Mary's privacy