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Devry Laws310 final exam Spring 2014




Question;Page 1;Question 1. 1. (TCO 1) The power of government to regulate;is sometimes referred to as (Points: 3);preemption.;jurisprudence.;jurisdiction.;supremacy.;federalism.;Question 2. 2. (TCOs 3, 5, and 6) Intentional infliction of;emotional distress causes (Points: 3);mental;suffering.;general;damages.;special;damages.;negligence.;mental;disorder.;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) Which of the following is;generally not a type of court-related ADR? (Points: 3);Early neutral;evaluation;Binding;arbitration;Nonbinding;arbitration;Summary trial;None of the;above, they are all common types of court-related ADR;Question 5. 5. (TCOs 1 & 2) The theory is based on the;belief that laws are created by men, and are therefore subject to pitfalls;created by men. (Points: 3);The natural;theory of law;Legal;positivism;Legal realism;Jurisprudence;All of the;above;Question 6. 6. (TCOs 1 & 2) Which of the following is;not an exception to the warrant requirement? (Points: 3);Plain-view;doctrine;Hot pursuit;Exigent;circumstances;Exclusionary;rule;None of the;above;Question 7. 7. (TCOS 1 & 2) Common law is derived from;(Points: 3);decisions made;by a judge.;how people;would commonly decide an issue.;the English;legal system.;All of the;above;None of the;above;Question 8. 8. (TCOs 3, 5, & 6) Which of the following;does not indicate an ownership interest in real property? (Points: 3);Fee simple;Life estate;Joint tenancy;Month-to-month;tenancy;Community;property;Question 9. 9. (TCOs 3, 5, & 6) The term securities is;used to describe (Points: 3);a financial;interest in a business.;only shares of;stock in a corporation.;only a partnership;interest in a general partnership.;only a;partnership interest in a limited partnership.;None of the;above;Question 10. 10. (TCOs 1 & 2) Criminal defendants are;not required to present evidence unless they claim _____. (Points: 3);self-defense;insanity;intoxication;Both A & B;None of the;above;Question 11. 11. (TCOs 8 & 11) Which of the following;are not secondary sources? (Points: 5);Treatises;Ordinances;Digests;Periodicals;Form books;Question 12. 12. (TCOs 8 & 11) Information in a legal;encyclopedia is arranged (Points: 5);alphabetically.;chronologically.;numerically.;randomly.;None of the;above;Question 13. 13. (TCOs 8 & 11) The official reporter for;U.S. Supreme Court cases is (Points: 5);Supreme Court;Reporter.;United States;reports.;Lawyer?s;Edition.;The Supreme;Court website.;Westlaw.;Question 14. 14. (TCOs 8 & 11) A topic sentence (Points;5);is another term;for thesis paragraph.;can be used in;lieu of a thesis paragraph.;introduces;issues or subissues and connects them back to the thesis paragraph.;All of the;above;None of the;above;Question 15. 15. (TCOs 8 & 11) Id. and supra are;examples of (Points: 5);shorthand ways;of citing authorities.;abbreviations;for certain courts.;Latin terms;that describe legal principles.;terms that;should never be used in a formal legal memorandum.;latin terms;that have nothing to do with the law.;Question 16. 16. (TCOs 8 & 11) Legal research finding;tools include: (Points: 5);Legal;Dictionaries;Legal encyclopedias;Statutes;All of the;above;None of the;above;Question 17. 17. (TCOs 8 & 11) Stare decisis means;(Points: 5);case law.;reporter.;similarities.;precedent.;review.;Question 18. 18. (TCO 7) When transacting business online;one of the best ways to protect yourself from being a victim of identity theft;is (Points: 5);to not pay for;anything online.;to not provide;your entire social security number on any website.;to use a fake name;when buying something.;to not give out;your e-mail address and then not be traced.;None of the;above;Question 19. 19. (TCOs 10 & 11) In preparing a first;draft of a legal document, you should (Points: 5);reread the;directions.;begin in a;logical fashion.;complete one;section before moving on to another section.;periodically go;back and reread directions.;All of the;above;Question 20. 20. (TCO 2) Sources of law include (Points: 5);Statutes;Case law;Administrative;law;all of the;above;None of the;above;Question 21. 21. (TCOs 4, 9, and 11) In civil litigation;parties use interrogatories to: (Points: 5);Send questions;to the opposing party;As a means of;discovery;To learn more;about the other party's case;All of the;above;None of the;above;Question 22. 22. (TCOs 10 & 11) Filing an unjustified;criminal complaint against an individual leads to the tort of (Points: 5);negligence.;civil-rights;violation.;malicious;prosecution.;slander per se.;fraud.;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) A procedure often used;by businesses in which disputing parties present their dispute before a special;jury in non-binding trial is known as (Points: 5);mini-trial.;summary trial.;binding;arbitration.;nonbinding;arbitration.;early neutral;evaluation.;Question 25. 25.;(TCOs 4, 9, and 11) The Fourth Amendment requires that law enforcement must;demonstrate probable cause before the;issuance of a search warrant. What are;the other requirements?. (Points: 10);Question 26. 26. (TCO;7) What are some of the ways that users of the Internet are accessing private;information? What strategies have you implemented in order to protect your;information from misuse? (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) Michael Bloomberg used his position as Mayor to control the;amount of soda people could buy as an initiative to battle obesity in New York;City. Name two other examples of government involvement in creating law to;essentially act as a parent to consumers. (Points: 10);Question 29. 29.;(TCOs 1 & 2) What is the purpose of the exclusionary rule? (Points: 10);Question 30. 30. (TCO;1) What do we mean when we say that in the area of criminal law, the powers of;the federal government and the state governments are concurrent? (Points: 10);Question 31. 31.;(TCOs 3, 5, & 6) If a party alleges defamation, what would he or she have;to prove? (Points: 10);Question 32. 32. (TCO;7) Until recently, it seems as though people could say whatever they wanted to;on the Internet and there was no type of legal recourse. This has begun to;change, however, as there have been a number of lawsuits and even criminal;prosecutions based on comments made by people on social media. In one example;a Missouri mother was prosecuted for posting comments on a teenager?s Facebook;page which led to the teenager committing suicide. Discuss whether you believe;that a person?s social media comments rise to the level of criminal behavior.;Why do you feel this way? If you would not prosecute this mother, do you;believe that she should be held accountable in some way? How and why? What are;some of the challenges with criminal prosecution based on internet;conduct? Should any governmental entity;regulate conduct on the internet? (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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