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Devry Laws310 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 31.31.(TCOs 3, 5, & 6) What are the two major defenses to;intentional torts? Provide an example of the defense in operation. (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)


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