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8) The
process of critical legal thinking
includes which of the following?
a.A judge must specify the issue presented by
the cas
e.
b.A judge must identify the applicable law for the case.
c.A judge must identify the key facts in the case.
d.A judge must apply the law to the facts to come to a conclusion that answers the issue presente
d.
All the above involve the process of critical legal thinking
20)
Which of the following is
an example of concurrent jurisdiction shared by federal and state courts?
a.Copyrights and trademarks.
b.Bankruptcy.
c.Federal questions.
d.Patents.
e.None of the above, each is considered exclusive federal jurisdiction.
21)
There will never be a dissenting opinion filed when the U.S. Supreme Court has
issued atn).
a.majority opinion.
b.opinion written by the Chief Justice.
c.unanimous opinion.
d.tie opinion.
e.plurality opinion.
23)
When parties to a contract agree upon which state court will have jurisdiction should litigation become necessary, that contract clause is called a:
a.choice-of-law clause.
b.jurisdiction selection clause.
c.standings clause.
d.venue selection clause.
e.forum-selection clause.
25) Which of the following are in the proper order from first to last filed?
a.Reply; cross-complaint; answer; complaint.
b.Answer; complaint; reply; cross-complaint.
c.Complaint; answer; cross-complaint; reply.
d.Complaint; cross-complaint; reply; answer.
e.Complaint; reply; cross-complaint; answer.
30)
Which of the following is an example of an executive power granted to an administrative agency?
a.The power to investigate a violation of a statute or administrative rule.
b.The responsibility to determine licensing requirements for pharmacists.
c.The right to issue an interpretive rule.
d.The right to adjudicate a case through an administrative proceeding.
e.The right to issue a substantive rule.
34)
In Wilhelm v. Flores, involving a death from bee stings, which of the following sets forth the ruling of the Court of Appeals as to whether a defendant who hires a person to work with bees can be held liable for the failure to warn of the dangers involved?
a.A defendant who had knowledge of the dangers of working with bees can be held liable on a negligence basis for the failure to warn of some dangers, but the danger of anaphylactic shock is too remote for there to be a danger to warn about that.
b.There is no liability for negligence when the unpredictability of animals, birds or bees is involved.
c.Liability would only exist if
the defendant was aware that the plaintiff knew nothing about bees and intentionally kept the dangers a secret.
d.There could be no liability whatsoever since it is assumed that if a person agrees to work with bees, they are aware of the dangers.
e.A defendant who has knowledge of the dangers of working with bees can be held liable on a negligence basis for the failure to warn of dangers including the possibility of dying from anaphylactic shock.
35)
Bill and Sam get into a heated argument regarding over whether a political
candidate has been guilty of fraud. Sam makes a fist and acts
as if he is going to hit Bill. Bill is apprehensive of immediate harm, but Sam drops his arm before he actually hits bill and says he was just kidding. Sam also apologizes for any inappropriate behavior. For which tort or torts could Sam be held liable?
a.Assault only.
b.Assault, battery, and negligence.
c.Battery only.
d.Assault and battery.
e.None of the above. Sam could not be held liable for anything because he said he was just kidding and apologized.
36)
The proximate cause requirement for a negligence tort is most likely not met where:
a.a customer in a building supply store carelessly drops a small can of paint that breaks open and is ignited from a spark caused when the metal can hits the concrete floor.
b.a patient becomes sick from a doctor carelessly prescribing the wrong medicine.
c.the victim of an accident was aware, prior to the actual accident, that the accident was likely to occur.
d.a customer becomes ill from food that is carelessly packed at a processing plant.
e.a driver injures a pedestrian when rounding a curve at twice the legal speed limit.
37)
Probable cause is most directly associated with which step of the criminal process?
a.Arraignment.
b.Plea bargaining.
c.Arrest.
d.Indictment.
e.Jury deliberations.
38)
In Atwater v. Lago Vista, Texas, in which a mother sued for alleged violation of her civil rights after she was handcuffed and arrested for a seat belt violation, what did the U.S. Supreme Court decide?
a.The mother’s Fifth Amendment rights were violated by the unreasonable seizure of her person.
b.The mother’s Fourth Amendment rights were violated by the unreasonable seizure of her person.
c.There was no violation of the mother’s Constitutional rights.
d.The mother’s First Amendment rights were violated
by the stop.
e.There was no violation of the mother’s Constitutional rights only because she struck the police officer before he arrested her.
39)
To find someone guilty of receiving stolen property, it is sufficient to prove that the defendant:
a.was in possession of stolen property.
b.took part in the wrongful taking of the property and intended to deprive the true owner of the property.
c.knowingly received the stolen property and intended to deprive the true owner of the property.
d.intended to keep the property himself.
e.paid for the property and intends to keep it himself.
40) Which of the following statements is true?
a.The Fifth Amendment guarantee against self-incrimination does not prohibit the taking of fingerprints against a suspect’s will.
b.The Fifth Amendment guarantee against self-incrimination does prohibit the taking of fingerprints against a suspect’s will.
c.Even if immunity from prosecution has been granted, the defendant may still refuse to testify.
d.The attorney-client privilege is the only privilege that has been recognized under the Fifth Amendment.
e.The guarantee has been extended to include all business records and documents.
41)
In New York v. Berger, when a warrantless search of Berger’s junkyard uncovered stolen vehicles and parts, Berger challenged the search and the Supreme Court said:
a.warrantless searches are never valid unless the officer witnesses the crime being committed.
b.closely regulated industries enjoy less privacy protection than other types of businesses.
c.warrantless searches are allowed regarding all businesses but never against a citizen in their home.
d.the expectation of privacy is the same regarding businesses and individuals.
e.a statute can never provide a constitutionally adequate substitution for a war rant.
42) Miranda rights:
a.are a combination of rights contained in the Fifth, Sixth and Eighth Amend ments.
b.are all contained in the Sixth Amendment.
c.are a combination of rights contained in the Fifth and Eighth Amendments.
d.are a combination of rights contained in the Fifth and Sixth Amendments.
e.are all contained in the Fifth Amendment.
43)
Which of the following is an effect of the Sony Bono Copyright Term Extension Act of 1998?
a.Copyright protection was extended from 17 to 20 years.
b.The length of val id ity for a corporate copyright was extended to be the same as for a copyright held by an individual.
c.Copyright protection for music was extended so that it is now longer than that for other types of copyrighted material.
d.Individuals were granted copyright protection for their life plus 70 years.
e.Copyright protection was extended to computer programs.
44)
What was the result in the case in which James W. Newton, Jr. sued after the Beastie Boys used six seconds of a Newton composition in a song.
a.The Beastie Boys use of Newton’s composition did not constitute a fair use because a song was involved, and fair use is not a viable defense when a claim is made that portions of a song were illegally used.
b.The Beastie Boys use of Newton’s composition did not constitute a fair use because the Beastie Boys were attempting to profit off of Newton’s composition.
c.The Beastie Boys use of Newton’s composition was unfair, and Newton did not have to prove damages in order to recover.
d.The Beastie Boys use of Newton’s composition was brief enough to be considered fair use.
e.The Beastie Boys use of Newton’s composition did not constitute a fair use because Newton could prove he suffered money damages because of the actions of the Beastie Boys.
45)
Willful copyright infringement can be punished with a statutory damage award up to:
|
a. |
$150.000. |
|
|
b. |
$500,000. |
|
|
c. |
$100,000. |
|
|
$350,000. |
||
|
$250,000. |
46)
Each of the followi
ng is a word that has lost its trademark due to generic use except:
|
yo-yo. |
|
xerox. |
|
nylon. |
|
mimeograph. |
|
cornflakes. |
47) Which of the following is true about the Paris Convention of
18837
a.It protects copyrights only.
b.It protects patents and trademarks only.
c.It protects trademarks only.
d.It protects copyrights and trademarks only.
e.It protects patents only.
49)
In Pizza Hut, Inc. v. Papa John’s International, Inc., which Pizza Hut sued Papa John’s claiming that Papa John’s slogan “Better Ingredients. Better Pizza” was false advertising, what was the Court’s ruling?
a.Papa John’s had violated the False Advertising Act.
b.The slogan was a statement of opinion, not a statement of fact upon which consumers would be justified in relying.
c.The slogan was an example of “puffery” that is not actionable under the Act.
d.Papa John’s had violated the Lanham Act.
e.Both band c.
50) The categorical imperative is an integral part of:
a.moral minimum theory.
b.Locke and Rousseau’s theory of social contract.
c.Kant’s duty ethics.
d.maximizing profit theory.
e.Rawl’ theory of social justice.
