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devry law310 final exam




Question;Page 1;Question 1.1.(TCO;1) The court resolves disputes by (Points: 3);making;new laws to meet the situation.asking;the legislature to make a new law to meet the situation.applying existing constitutional;statutory, and case law to the situation.applying;only existing case law or precedent to the situation.None;of the above;Question 2.2.(TCOs;3, 5, and 6) Punitive damages are also known as (Points;3);special;damages.medical;damages.personal;damages.exemplary damages.extraordinary;damages.;Question 3.3.(TCOs;3, 5, and 6) The Uniform Commercial Code controls (Points;3);contracts for the sale of goods.contracts;involving interstate commerce.contracts;involving banks.contracts;for the sale of real property.None;of the above;Question 4.4.(TCOs;10 & 11) If a defendant makes a claim against a co-defendant in;federal court, it is known as a (Points: 3);counterclaim.cross-claim.third-party;action.cross;complaint.demurrer.;Question 5.5.(TCOs;1 & 2) Crimes can be committed against (Points: 3);property.persons.the;public.B;and C.all of the above;Question 6.6.(TCOs;1 & 2) The warrant is intended to protect persons from (Points;3);overeager law enforcement behavior.bad;informants.exigent;circumstances.All;of the aboveNone;of the above;Question 7.7.(TCOs;1 & 2) Juries in criminal cases must render a unanimous verdict;because (Points: 3);the;Constitution requires it.a;person?s liberty is at stake.juries;are in the best position to decide if someone is guilty.Both a and bNone;of the above;Question 8.8.(TCOs;3, 5, & 6) Which of the following indicates a non-ownership interest;in real property? (Points: 3);MortgageDeed;of trustLienLeaseAll of the above;Question 9.9.(TCOs;3, 5, & 6) Corporations are formed by filing which document with the;secretary of state? (Points: 3);BylawsArticles of incorporationStock;permitPartnership;agreementShareholder;agreement;Question 10.10.(TCOs;1 & 2) Criminal defendants are not required to present evidence;unless they claim _____. (Points: 3);self-defenseinsanityintoxicationBoth;A & BNone;of the above;Question 11.11.(TCOs;8 & 11) Relevant facts are sometimes called (Points;5);key facts.focus;facts.explanatory;facts.important.precedent.;Question 12.12.(TCOs;8 & 11) Before comparing your facts and issues with case law, it is;important that you properly identify (Points: 5);important;precedent.facts;and issues in your client?s situation.judicial history.the;question presented.explanatory;facts.;Question 13.13.(TCOs;8 & 11) The thesis paragraph should not (Points;5);set;forth the client?s problem.state;the legal issue.explain;in detail the legal rules governing the issues.state the legal conclusions.None;of the above;Question 14.14.(TCOs;8 & 11) ?The actions were quickly regretted by her? is an example of (Points;5);active;voice.passive voice.use;of unnecessary words.ambiguous;terms.None;of the above;Question 15.15.(TCOs;8 & 11) Consumer protection legislation (Points;5);was developed largely as a response;to marketing practices and changes in technology.was;developed as a result of consumer pressure for laws regulating;manufacturers.was;developed as a result of pressure by manufacturers for;a right guaranteed under the U.S. Constitution.None;of the above;Question 16.16.(TCOs;8 & 11) The government has an interest in ensuring that safe products;are sold because (Points: 5);it;ensures that manufacturers produce goods which are defect-free.the;consumer gets a higher-quality;expects that manufacturers produce goods so that they perform as expected.All of the aboveNone;of the above;Question 17.17.(TCOs;8 & 11) Some secondary sources are referred to as (Points;5);annotations.dictionaries.finding tools.research;manuals.indexes.;Question 18.18.(TCO;7)Works that may be copyrighted;could include: (Points: 5);Paintingsmusical;composition choreography None;of the above All of the above;Question 19.19.(TCOs;10 & 11) The case brief is often the first step in preparing a formal;written analysis, often called (Points: 5);a legal memorandum.precedent.stare;;report.None;of the above;Question 20.20.(TCO;3) If an employee is driving a company van and;runs a red light causing serious injury to the other driver, the employer;could be held liable under what theory?(Points;5);Contributory;negligencerespondeat superiorres ipsa;loquiturall;of the aboveNone;of the above;Question 21.21.(TCOs;4, 9, & 11)A defense to copyright;infringement could include: (Points: 5);Contributory;negligencefair usethe;material is not on the internetAll;of the aboveNone;of the above;Question 22.22.(TCOs;10 & 11) The law will not allow a person to escape liability for;dangerous activities by simply (Points: 5);leaving;the state.hiring an independent contractor to;perform for them.declaring;bankruptcy.changing;his or her procedures after an injury has occurred.declaring;that the injured person assumed the risk.;Question 23.23.(TCOs;3, 5, & 6) An advantage of a corporation is (Points;5);limited;liability for the owners.unlimited;life of the corporation.ease;of transferability of ownership interests.All are advantages of a;corporation.;Question 24.24.(TCOs;10 & 11) Which of the following frequently offer arbitration;services? (Points: 5);Private;judgesThe;courtThe American Arbitration;AssociationNone;of the aboveAll;of the above;Question;25.25.(TCOs;4, 9, and 11) How does the use of trademarks influence consumer behavior?;Name a trademark or service mark with which you are most familiar and why;you use this product. (Points: 10);Question;26.26.(TCO;7)First Amendment protection;includes words and actions. However, the First Amendment;protection is not absolute. Provide an example of protected;symbolic speech. Provide an example of First Amendment speech;that is not protected. (Points: 10);Question;27.27.(TCO;7) How does the Internet create challenges in protecting a copyright? (Points;10);Question;28.28.(TCOs;8 & 11) What is the best way to use a legal encyclopedia when;conducting legal research? (Points: 10);Question;29.29.(TCOs;1 & 2) How does the plaintiff in a civil case differ from a plaintiff;in a civil case? (Points: 10);Question;30.30.(TCO;1) What is meant by the term bicameral legislature? (Points;10);Question;32.32.(TCO;7)Before a court can resolve a;legal dispute, the court must have jurisdiction. What are the;the components of jurisdiction and how are they defined? (Points;20);Question;33.33.(TCO;1) If you are presented with a legal issue for analysis, what are the steps;you can take to find out how to resolve that issue? What would be the;resources you would use and how would you go about finding those resources?(Points;20)


Paper#59023 | Written in 18-Jul-2015

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