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Devry law310 midterm exam




Question;law310 midterm;Question 1.1.(TCOs;1 & 2) Rules of court usually contain(Points;5);a: civil substantive law.;b: civil procedural law.;c: criminal substantive law.;d: criminal procedural law.;e: Both b and d;Question 2.2.(TCO;1) Administrative regulations come from(Points: 5);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 3.3.(TCO;1) The Incorporation Doctrine(Points: 5);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;Question 4.4.(TCO;1) The statement, ?We hold these truths to be self-evident, that all men;are created equal,? is found (Points: 5);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 5.5.(TCO;1) The Equal Protection Clause (Points: 5);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 6.6.(TCOs;1 & 2) Which of the following is not a defense to a criminal charge? (Points;5);Duress;Self-defense;Diminished capacity;Mistake;All of the above;Question 7.7.(TCOs;3, 5, and 6) Which of the following is not a type of negligence action? (Points;5);Liability of landowners;Automobile accidents;Professional negligence;Intentional infliction of emotional distress;Defective products;Question 8.8.(TCOs;3, 5, and 6) Which of the following is not a defense to negligence? (Points;5);Assumption of the risk;Contributory negligence;Comparative negligence;Immunity;Self-defense;Question 9.9.(TCOs;3, 5, and 6) Actual authority of partners to enter contracts on behalf of;the partnership (Points: 5);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 10.10.(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 (Points: 5);arbitration.;mediation.;negotiation.;mini-trial.;early neutral evaluation.;11. (TCOs 1 & 2);What type of factors influence the laws and legal system of a given country?;(Points: 10);Question 12. 12. (TCO 1) Why is the U.S. Supreme Court;called the Supreme Court? (Points: 10);Question 13. 13. (TCOs 1 & 2) What are the rights;afforded a criminal defendant pursuant to due process? (Points: 10);Question 14. 14. (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? (Points: 10);Question 15. 15. (TCOs 3, 5, & 6) What are the elements;of negligence? (Points: 10);Question 16. 16. (TCOs 3, 5, & 6) What is necessary;between parties to have a bilateral contact? (Points: 10);Question 17. 17. (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? (Points: 20);Question 18. 18. (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? (Points: 20)


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