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devry law310 midterm exam

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Question;TCOs 1 & 2) Rules of court usually contain;a: civil substantive law.;b: civil procedural law.;c: criminal substantive law.;d: criminal procedural law.;e: Both b and d;Question 2. Question;(TCO 1) Administrative regulations come from;a: federal boards, departments, commissions;and agencies.;b: state boards, departments, commissions, and;agencies.;c: federal courts.;d: state courts.;e: Both a and b;Question 3. Question;(TCO 1) The Incorporation Doctrine;a: is another phrase for checks and balances.;b: refers to the application of the Bill of;Rights to the states.;c: is derived from an interpretation of the;14th Amendment.;Both b and c;Both a and b;5 of 5;Comments;Question 4. Question;(TCO 1) The statement, ?We hold these truths to be;self-evident, that all men are created equal,? is found;in the original Constitution.;in the Equal Protection Clause of the 14th;Amendment.;in the Preamble to the Constitution.;in the Declaration of Independence.;in the Bill of Rights.;Question 5. Question;(TCO 1) The Equal Protection Clause;has always been held to prohibit the practice;of separate but equal.;prohibits a school from considering race in;its admissions policies.;is found in the 14th Amendment.;All of the above;is contained in the Declaration of;Independence.;Question 6. Question;(TCOs 1 & 2) Which of the following is not a defense to;a criminal charge?;Duress;Self-defense;Diminished capacity;Mistake;All of the above;Question 7. Question;(TCOs 3, 5, and 6) Which of the following is not a type of;negligence action?;Liability of landowners;Automobile accidents;Professional negligence;Intentional infliction of emotional distress;Defective products;Question 8. Question;(TCOs 3, 5, and 6) Which of the following is not a defense;to negligence?;Assumption of the risk;Contributory negligence;Comparative negligence;Immunity;Self-defense;Question 9. Question;(TCOs 3, 5, and 6) Actual authority of partners to enter;contracts on behalf of the partnership;means that authority is implied because the;conduct of the parties has reasonably led third persons to believe that such;authority exists.;means that other partners have approved the;contract.;always exists for all partners.;All of the above;None of the above;Question 10. Question;(TCOs 10 & 11) The ADR proceeding involving an;out-of-court hearing before a neutral party who listens to two or more;disputing parties and renders a decision resolving the dispute is known as;arbitration.;mediation.;negotiation.;mini-trial.;early neutral evaluation.;Question 11. Question;(TCOs 1 & 2) What type of factors influence the laws and;legal system of a given country?;Question 12. Question;(TCO 1) Why is the U.S. Supreme Court called the Supreme;Court?;Question 13. Question;(TCOs 1 & 2) What are the rights afforded a criminal;defendant pursuant to due process?;Question 14. Question;(TCO 1) What clause of the Constitution was used to enable;Congress to pass the Civil Rights Act of 1964, and why did they use this;clause?;Question 15. Question;(TCOs 3, 5, & 6) What are the elements of negligence?;Question 16. Question;(TCOs 3, 5, & 6) What is necessary between parties to;have a bilateral contact?;Question 17. Question;(TCO 1) Based on your understanding from your text of the;criminal system as it relates to juvenile offenders, what are some of the;issues facing the courts when determining how to deal with juvenile crime?;Question 18. Question;(TCOs 10 & 11) What are the types of discovery that;parties may use in a civil lawsuit? Provide examples of each type of discovery;and how it could be helpful to a party?s case? Why is the same type of;discovery not allowed in criminal cases?

 

Paper#59013 | Written in 18-Jul-2015

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