Question 1

Every state in America has the common law as the basis of its legal system except:
A)Alaska.
B)California.
C)Pennsylvania.
D)Louisiana.

Accepted Answer

Louisiana has a civil law legal system based on the Napoleonic Code, which is different from the common law system used in the other states.

Question 2

Who bears the burden of proof in a civil case?
A)The prosecution.
B)The plaintiff.
C)The defendant.
D)The jury.

Accepted Answer

In a civil case, the burden of proof is on the plaintiff who files the lawsuit. They are required to present evidence that proves their case by a preponderance of the evidence. The defendant is not required to prove their innocence but may present evidence to refute the plaintiff's claims. Therefore, the correct answer is B, the plaintiff.

Question 3

The protection against self-incrimination does not apply to:
A)Body fluids.
B)Corporations.
C)None of the above.
D)Both of the above.

Accepted Answer

The protection against self-incrimination applies to individuals, not corporations, and does not extend to physical evidence like body fluids.

Question 4

Warrantless Searches are allowed when:
A)The evidence is in plain view.
B)The evidence is likely to be destroyed.
C)Both of the above.
D)None of the above.

Accepted Answer

Both of the above conditions are exceptions to the general requirement of a warrant for searches. If the evidence is in plain view or if there is a risk of destruction of evidence, the police may conduct a search without a warrant. However, it is important to note that these exceptions have certain limitations and conditions that must be met to justify a valid warrantless search.

Question 5

All of the following are pleadings except:
A)The motion for judgment on the pleadings.
B)The answer.
C)The cross-claim.
D)The reply.

Accepted Answer

The motion for judgment on the pleadings is not a pleading. It is a motion that asks the court to enter judgment based on the pleadings that have already been filed.

Question 6

The following branch of government has the power to make law:
A)The legislative.
B)The executive.
C)The Judicial
D)The bureaucratic.

Accepted Answer

The legislative branch of government, also known as Congress in the United States, is responsible for making laws. This branch is composed of the Senate and the House of Representatives, and its members are elected by the people. The legislative branch has the power to pass bills into law, approve presidential appointments, and regulate commerce, among other things.

Question 7

The form of ADR that involves a neutral party helping the parties to resolve the dispute without making any substantive decision on the merits is:
A)Arbitration.
B)Conciliation.
C)Mediation.
D)Private judging.

Accepted Answer

Mediation is the form of ADR in which a neutral third-party, the mediator, helps the parties involved to come to a resolution without making any substantive decision on the merits. The mediator helps the parties to communicate and understand each other's positions and can offer suggestions and options for resolving the dispute. However, the ultimate decision-making power rests with the parties involved. Arbitration involves an arbitrator making a binding decision on the dispute, while conciliation involves the conciliator playing a more active role in proposing solutions and making suggestions for resolving the dispute. Private judging is a process wherein a retired judge or an attorney acts as a private judge to resolve the dispute.

Question 8

In order for something to be "law," it must:
A)Make sense.
B)Be created by a legislature.
C)Be obeyed.
D)Have the approval of the citizens.

Accepted Answer

The answer of In order for something to be "law,"...

Question 9

There are how many justices on the U.S.Supreme Court?
A)7
B)8
C)9
D)10

Accepted Answer

There are 9 justices on the U.S. Supreme Court.

Question 10

All of the following are discovery devices except:
A)Depositions.
B)Interrogatories.
C)Production of Documents.
D)Cross-Examination.

Accepted Answer

Cross-examination is not a discovery device, but rather a method of questioning a witness during a trial or hearing. Depositions, interrogatories, and production of documents are all types of discovery devices used to gather information and evidence prior to a trial or hearing.

Question 11

The Critical Legal Studies School of jurisprudence believes:
A)Law is shaped by logic.
B)Legal rules are unnecessary.
C)Law is a combination of social transactions.
D)Law is based on what is "correct."

Accepted Answer

Critical Legal Studies argues that legal rules are often indeterminate and serve to uphold power structures, suggesting they are unnecessary and should be critically examined.

Question 12

With limited exceptions,federal judges are appointed for:
A)14-year terms.
B)Life.
C)8-year terms.
D)4-year terms,unless re-elected.

Accepted Answer

Federal judges are appointed for life, unless they choose to retire or are impeached and removed from office. This is to ensure their appointment is impartial and not influenced by political or public pressure during their tenure.

Question 13

If other persons have an interest in a lawsuit,they may:
A)Consolidate.
B)Intervene.
C)Cross-complain.
D)Cross-reply.

Accepted Answer

When other persons have an interest in a lawsuit, they may choose to intervene. This means they become a party to the lawsuit and can participate in the proceedings, present evidence, and make arguments. Consolidating refers to combining multiple lawsuits into a single proceeding, cross-complaining refers to a defendant filing a claim against a plaintiff, and cross-reply is not a commonly used legal term.

Question 14

The RICO statute was created in response to:
A)Corrupt politicians.
B)Organized crime.
C)Recidivist criminals.
D)Illegal Immigration.

Accepted Answer

The RICO statute was created in response to organized crime. The Racketeer Influenced and Corrupt Organizations (RICO) Act was enacted in 1970 as a tool to prosecute individuals and groups involved in organized crime activities. It provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.

Question 15

A forum-selection clause in a contract is about:
A)Damages.
B)Venue.
C)Jurisdiction.
D)Liability.

Accepted Answer

A forum-selection clause in a contract specifies the venue or jurisdiction where any legal disputes arising from the contract will be resolved.

Question 16

A state court system includes all of the following except:
A)A bankruptcy court.
B)A limited-jurisdiction court.
C)An intermediate appellate court.
D)A supreme court.

Accepted Answer

A bankruptcy court is a federal court, not a state court.

Question 17

The Eighth Amendment prohibits:
A)Electrocution capital punishment.
B)Sterilization.
C)Life without parole.
D)Imprisonment with almost no interpersonal contact.

Accepted Answer

The Eighth Amendment prohibits cruel and unusual punishment, which includes sterilization as a form of punishment. Electrocution, life without parole, and imprisonment with almost no interpersonal contact are not explicitly prohibited by the Eighth Amendment. However, their constitutionality may be challenged if they are deemed to be cruel and unusual punishments.

Question 18

When two or more persons enter into an agreement to commit a crime,that is a:
A)Bribe.
B)Racket.
C)Plea Bargain.
D)Conspiracy.

Accepted Answer

When two or more persons enter into an agreement to commit a crime, it is called a conspiracy. The other options - bribe, racket, and plea bargain - do not accurately describe this situation.

Question 19

Federal courts have limited jurisdiction to hear cases involving:
A)Federal questions and diversity of citizenship.
B)Diversity of citizenship and admiralty.
C)Bankruptcy and federal crimes.
D)Diversity of citizenship and matters not subject to federal jurisdiction.

Accepted Answer

Federal courts have limited jurisdiction to hear cases involving federal questions (issues arising under the Constitution, federal laws, or treaties) and diversity of citizenship (cases between citizens of different states or between a U.S. citizen and a foreign country, with an amount in controversy exceeding $75,000).

Question 20

Feminist legal theory: A)Takes a female perspective into account when developing and applying the law. B)Argues that women should be given lighter criminal sentences than men. C)Was created by Gloria Steinem. D)Was illegal in America in the early 20^th century.

Accepted Answer

Feminist legal theory takes a female perspective into account when developing and applying the law, with the goal of addressing and remedying gender inequalities in the legal system. It does not advocate for giving women lighter criminal sentences or have a specific creator, and was not illegal in America in the early 20th century.

Quiz 2: Midterm Two

Every state in America has the common law as the basis of its legal system except:

Who bears the burden of proof in a civil case?

The protection against self-incrimination does not apply to:

Warrantless Searches are allowed when:

All of the following are pleadings except:

The following branch of government has the power to make law:

The form of ADR that involves a neutral party helping the parties to resolve the dispute without making any substantive decision on the merits is:

In order for something to be "law," it must:

There are how many justices on the U.S.Supreme Court?

All of the following are discovery devices except:

The Critical Legal Studies School of jurisprudence believes:

With limited exceptions,federal judges are appointed for:

If other persons have an interest in a lawsuit,they may:

The RICO statute was created in response to:

A forum-selection clause in a contract is about:

A state court system includes all of the following except:

The Eighth Amendment prohibits:

When two or more persons enter into an agreement to commit a crime,that is a:

Federal courts have limited jurisdiction to hear cases involving:

Feminist legal theory: