Question 1

Local legislation regulating zoning and noise levels are examples of _____.

Accepted Answer

A)  ordinances 
B)  treaties 
C)  administrative rules 
D)  administrative decisions 
A)  ordinances 
B)  treaties 
C)  administrative rules 
D)  administrative decisions A

Question 2

The Constitution prohibits ex post facto laws.

Accepted Answer

A) True 
 B)False  True

Question 3

When a lawyer agrees to represent a client, the lawyer agrees to:

Accepted Answer

A)  the reality that he will be liable for malpractice if he loses the case. 
B)  exercise the skill, prudence, and diligence expected of lawyers of ordinary skill and competence in the community. 
C)  the probability that a court will likely second-guess the legal strategy he chooses to use in representing his client. 
D)  the reality that the courts are likely to second-guess his professional judgment. 
A)  the reality that he will be liable for malpractice if he loses the case. 
B)  exercise the skill, prudence, and diligence expected of lawyers of ordinary skill and competence in the community. 
C)  the probability that a court will likely second-guess the legal strategy he chooses to use in representing his client. 
D)  the reality that the courts are likely to second-guess his professional judgment. B

Question 4

The freedom of speech granted by the United States Constitution is an example of substantive law.

Accepted Answer

A) True 
 B)False

Question 5

The work product privilege:

Accepted Answer

A)  prevents an attorney from divulging confidential information communicated to the lawyer by a client or potential client in the course of seeking to retain the attorney or otherwise seeking legal advice. 
B)  covers information divulged to an attorney's subordinates, such as secretaries or paralegals. 
C)  considers a lawyer to be an officer of the court who is bound to work for the advancement of justice while faithfully protecting the rightful interests of his clients. 
D)  is derived from the notion that the effective functioning of the judicial system will be undermined if a client does not feel free to speak fully and honestly with his or her attorney. 
A)  prevents an attorney from divulging confidential information communicated to the lawyer by a client or potential client in the course of seeking to retain the attorney or otherwise seeking legal advice. 
B)  covers information divulged to an attorney's subordinates, such as secretaries or paralegals. 
C)  considers a lawyer to be an officer of the court who is bound to work for the advancement of justice while faithfully protecting the rightful interests of his clients. 
D)  is derived from the notion that the effective functioning of the judicial system will be undermined if a client does not feel free to speak fully and honestly with his or her attorney.

Question 6

Which of the following statements is true of independent agencies?

Accepted Answer

A)  They are headed by the president. 
B)  They are a part of the executive branch of the government. 
C)  They are headed by a board or commission. 
D)  They are given authority only to enforce rules made by the Congress. 
A)  They are headed by the president. 
B)  They are a part of the executive branch of the government. 
C)  They are headed by a board or commission. 
D)  They are given authority only to enforce rules made by the Congress.

Question 7

Most federal regulations are based on power given to Congress under the Constitution's Privileges and Immunities Clause.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is an example of procedural law?

Accepted Answer

A)  The privilege of receiving food stamps 
B)  The rules as to how a court's decision is to be enforced 
C)  The right of self-defense 
D)  The freedom of speech granted by the U.S. Constitution 
A)  The privilege of receiving food stamps 
B)  The rules as to how a court's decision is to be enforced 
C)  The right of self-defense 
D)  The freedom of speech granted by the U.S. Constitution

Question 9

Laws that seek to prevent certain practices that might reduce competition and thus increase prices are called _____.

Accepted Answer

A)  tax laws 
B)  consumer laws 
C)  antitrust laws 
D)  contract laws 
A)  tax laws 
B)  consumer laws 
C)  antitrust laws 
D)  contract laws

Question 10

Stare decisis:

Accepted Answer

A)  renders law rigid and unchanging. 
B)  lends predictability to decisional law by relying on prior decisions. 
C)  means a new statute applies only to actions taken after it becomes effective. 
D)  creates harsh results by refusing to recognize equitable exceptions. 
A)  renders law rigid and unchanging. 
B)  lends predictability to decisional law by relying on prior decisions. 
C)  means a new statute applies only to actions taken after it becomes effective. 
D)  creates harsh results by refusing to recognize equitable exceptions.

Question 11

Natural law thinkers believe that:

Accepted Answer

A)  law and morality are not separate. 
B)  there is no law superior to that promulgated by political institutions. 
C)  all laws should have an environmental focus. 
D)  natural law provides the level of predictability attained by legal positivism. 
A)  law and morality are not separate. 
B)  there is no law superior to that promulgated by political institutions. 
C)  all laws should have an environmental focus. 
D)  natural law provides the level of predictability attained by legal positivism.

Question 12

The right of self-defense is an example of _____.

Accepted Answer

A)  civil law 
B)  substantive law 
C)  criminal law 
D)  procedural law 
A)  civil law 
B)  substantive law 
C)  criminal law 
D)  procedural law

Question 13

The _____ is the most widely adopted uniform law.

Accepted Answer

A)  Uniform Criminal Code 
B)  Interstate Commerce Treaty 
C)  Uniform Commercial Code 
D)  Multistate Criminal Compact 
A)  Uniform Criminal Code 
B)  Interstate Commerce Treaty 
C)  Uniform Commercial Code 
D)  Multistate Criminal Compact

Question 14

In the business world, the goal of preventive law is to increase profits by:

Accepted Answer

A)  imposing higher inheritance and income taxes on wealthy people. 
B)  avoiding losses through fines and damage judgments. 
C)  involving the client in the business-planning process. 
D)  creating unenforceable contracts. 
A)  imposing higher inheritance and income taxes on wealthy people. 
B)  avoiding losses through fines and damage judgments. 
C)  involving the client in the business-planning process. 
D)  creating unenforceable contracts.

Question 15

Sociological jurisprudence maintains that:

Accepted Answer

A)  legal decisions should be based on short-term social goals. 
B)  courts must look beyond the plain meaning of a statute to consider the law's legislative purpose. 
C)  courts should not consider their perceptions of the prevailing public policies in interpreting statutes. 
D)  the law is the command of legitimate political institutions. 
A)  legal decisions should be based on short-term social goals. 
B)  courts must look beyond the plain meaning of a statute to consider the law's legislative purpose. 
C)  courts should not consider their perceptions of the prevailing public policies in interpreting statutes. 
D)  the law is the command of legitimate political institutions.

Question 16

A useful tool for understanding and persuading that combines basic analytical thinking with recognition of the special features of the underlying legal system is _____.

Accepted Answer

A)  sociological jurisprudence 
B)  legal positivism 
C)  legal reasoning 
D)  analytical reasoning 
A)  sociological jurisprudence 
B)  legal positivism 
C)  legal reasoning 
D)  analytical reasoning

Question 17

In the United States, all states follow the same legal system.

Accepted Answer

A) True 
 B)False

Question 18

Under the power of judicial review, _____.

Accepted Answer

A)  a judge may render a legal rule unenforceable by declaring it in conflict with a constitution 
B)  lower courts may decide that higher court decisions are not valid 
C)  private persons are not allowed to create legally binding obligations as they do not have the power to contract 
D)  the court may override the acts of the Constitution 
A)  a judge may render a legal rule unenforceable by declaring it in conflict with a constitution 
B)  lower courts may decide that higher court decisions are not valid 
C)  private persons are not allowed to create legally binding obligations as they do not have the power to contract 
D)  the court may override the acts of the Constitution

Question 19

Which of the following statements is true of criminal law?

Accepted Answer

A)  It is concerned with private duties owed by one person to another. 
B)  It is completely procedural. 
C)  It defines breaches of duty to society at large. 
D)  It refers to the duty of corporations to exercise reasonable care with regard to other corporations. 
A)  It is concerned with private duties owed by one person to another. 
B)  It is completely procedural. 
C)  It defines breaches of duty to society at large. 
D)  It refers to the duty of corporations to exercise reasonable care with regard to other corporations.

Question 20

The adversary system is characterized by:

Accepted Answer

A)  the idea that ultimate truth and justice will prevail if each party to a dispute is represented by competent attorneys providing the strongest possible representation. 
B)  the view that attorneys can be given free reign if they do not violate legal and ethical rules designed to ensure the fair operation of the judicial process. 
C)  the unconditional free reign granted to judges. 
D)  the notion that the effective functioning of the judicial system will be undermined if a client does not feel free to speak with his or her attorney. 
A)  the idea that ultimate truth and justice will prevail if each party to a dispute is represented by competent attorneys providing the strongest possible representation. 
B)  the view that attorneys can be given free reign if they do not violate legal and ethical rules designed to ensure the fair operation of the judicial process. 
C)  the unconditional free reign granted to judges. 
D)  the notion that the effective functioning of the judicial system will be undermined if a client does not feel free to speak with his or her attorney.

Exam 1: Law, Legal Reasoning, and the Legal Profession

Local legislation regulating zoning and noise levels are examples of _____.

The Constitution prohibits ex post facto laws.

When a lawyer agrees to represent a client, the lawyer agrees to:

The freedom of speech granted by the United States Constitution is an example of substantive law.

The work product privilege:

Which of the following statements is true of independent agencies?

Most federal regulations are based on power given to Congress under the Constitution's Privileges and Immunities Clause.

Which of the following is an example of procedural law?

Laws that seek to prevent certain practices that might reduce competition and thus increase prices are called _____.

Stare decisis:

Natural law thinkers believe that:

The right of self-defense is an example of _____.

The _____ is the most widely adopted uniform law.

In the business world, the goal of preventive law is to increase profits by:

Sociological jurisprudence maintains that:

A useful tool for understanding and persuading that combines basic analytical thinking with recognition of the special features of the underlying legal system is _____.

In the United States, all states follow the same legal system.

Under the power of judicial review, _____.

Which of the following statements is true of criminal law?

The adversary system is characterized by:

Dispute Settlement

Business Ethics and Corporate Social Responsibility

Business and the Constitution

Crimes

Intentional Torts

Negligence and Strict Liability

Licensing and Intellectual Property

The Nature and Origins of Contracts

Creating a Contract: Offers

Creating a Contract: Acceptances

Consideration

Capacity to Contract

Voluntary Consent

Illegality

The Form and Meaning of Contracts

Third Parties Contract Rights

Performance and Remedies

Formation and Terms of Sales Contracts

Warranties and Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

The Agency Relationship-Creation, Duties, and Termination

Liability of Principals and Agents to Third Parties

Employment Laws

Which Form of Business Organization

Partnerships

Formation and Termination of Corporations

Management of the Corporate Business

Financing the Corporation and the Role of the Shareholders

Securities Regulation

Legal Liability of Accountants

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Fund Transfers

Introduction to Security

Security Interests in Personal Property

Bankruptcy

The Antitrust Laws

Consumer Protection Laws

Environmental Regulation

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