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Devry Laws310 final exam Spring 2014




Question;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) In general, injured workers;cannot sue employers under (Points: 3);workers?;compensation law.;tort law.;negligence.;peculiar risk;doctrine.;assumption of;the risk.;Question 3.3. (TCOs 3, 5, and 6) The ?Golden Arches? is an;example of something that is entitled to protection under (Points: 3);patent law.;copyright law.;trade secret;law.;trademark law.;All of the;above;Question 4.4. (TCOs 10 & 11) Which of the following is;not found in a complaint? (Points: 3);Caption;Allegations;Denials;Prayer;Signature of;attorney;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) 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) In order for a crime to be;committed, there must be the following: (Points: 3);actus reus and;mens rea.;a weapon.;an accomplice.;None of the;above;All of the;above;Question 11.11. (TCOs 8 & 11) If you are unfamiliar with;the area of law you are researching, you should begin the research with (Points;5);case law.;statutes.;secondary;sources.;primary;sources.;newspapers.;Question 12.12. (TCOs 8 & 11) We look to statutes to;provide (Points: 5);concise;statements of the law.;a detailed;summary of the law.;summaries of important cases.;guidance for;the public.;references to;secondary sources.;Question 13.13. (TCOs 8 & 11) Which element of a case;brief is the most important? (Points: 5);Rules;Analysis;Facts;Issues;Conclusions;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) When citing authorities;you should use (Points: 5);a legal;treatise.;a legal;encyclopedia.;A Uniform;System of Citation.;a state style;manual.;either C or D.;Question 16.16. (TCOs 8 & 11) The purpose behind;legislation to mandate safety in consumer products is because (Points: 5);it aims to;protect consumers from hazardous products or services.;it provides a means for consumers to seek a;remedy after being injured by a dangerous product.;it is required;by federal law.;it was;developed by governments to compensate injured consumers.;of both B and;D.;Question 17.17. (TCOs 8 & 11) Stare decisis means;(Points: 5);case law.;reporter.;similarities.;precedent.;review.;Question 18.18. (TCO 7) Works that may be copyrighted could;include: (Points: 5);Paintings;musical;composition;choreography;None of the;above;All 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 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;negligence;respondeat;superior;res ipsa;loquitur;all of the;above;None of the;above;Question 21.21. (TCOs 4, 9, and 11) Advantages of alternative;dispute resolution include: (Points: 5);You are picking;your own judge;It can save;parties time and money;You can use a;free attorney;All of the;above;None 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 judges;The court;The American;Arbitration Association;None of the;above;All 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) What is the purpose of the;exclusionary rule? (Points: 10);Question 30. 30. (TCO 1) State and federal agencies such as;the IRS and the FDA have rules that can have the same force and effect as law.;How are those regulations created? (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) Most people assume that if they;find something on the Internet, they are free to use it without intellectual;property considerations. Is this;true? How has the Internet changed the;way companies protect their intellectual property? What are some of the ways that people;improperly use intellectual property?;How are companies challenged in trying to protect their intellectual;property? (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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