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American Legal System Test Preparation - 356 Verified Questions

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American Legal System

Test Preparation

Course Introduction

The American Legal System course provides an in-depth exploration of the structure, principles, and functioning of the legal system in the United States. Students will examine the roles of federal and state courts, the sources of law including the Constitution, statutes, and case law, and the procedures followed in civil and criminal cases. The course also addresses key legal concepts such as due process, precedent, and the adversarial system, emphasizing how laws are interpreted and applied. Through case studies and discussions, students will gain a foundational understanding of the legal processes that shape public policy and impact individuals and organizations across the nation.

Recommended Textbook

Introduction to Law 4th Edition by Joanne

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18 Chapters

356 Verified Questions

356 Flashcards

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Chapter 1: Introduction to Law

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20 Verified Questions

20 Flashcards

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Sample Questions

Q1) Jurisprudence is

A) another term for precedent

B) another term for common law

C) the study of law

D) the study of the philosophy of law

Answer: D

Q2) The statute of limitations for damages resulting from an automobile accident is an example of

A) civil substantive law

B) civil procedural law

C) criminal substantive law

D) criminal procedural law

E) none of the above

Answer: B

Q3) The Code of Hammurabi is an example of a law from a civil law legal system.

A)True

B)False

Answer: True

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Chapter 2: The Us Legal System

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Sample Questions

Q1) In the area of criminal law, the powers of the federal government and state governments are concurrent.

A)True

B)False

Answer: True

Q2) Courts of appeals in the various states decide many cases that never become stare decisis.

A)True

B)False

Answer: True

Q3) The court resolves disputes by:

A) making new laws to meet the situation

B) asking the legislature to make a new law to meet the situation

C) applying existing constitutional, statutory, and case law to the situation

D) applying only existing case law or precedent to the situation

E) none of the above

Answer: C

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Chapter 3: The Courts and Legal Personnel

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Sample Questions

Q1) Which of the following are not judicial or quasi-judicial offices?

A) judge

B) magistrate

C) commissioner

D) referee

E) attorney

Answer: E

Q2) All federal judges are appointed by the president, subject to approval by the House of Representatives.

A)True

B)False

Answer: False

Q3) Which of the following is not part of an appeal?

A) jury instructions

B) clerk's transcript

C) reporter's transcript

D) appellate brief

E) none of the above

Answer: A

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Page 5

Chapter 4: Finding the Law: Legal Research

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Sample Questions

Q1) Precedent is an example set by the decision of an earlier court for similar cases or similar legal questions which arise in later cases.

A)True

B)False

Q2) Some secondary sources are referred to as:

A) annotations

B) dictionaries

C) finding tools

D) research manuals

E) indexes

Q3) Which of the following are not secondary sources?

A) treatises

B) ordinances

C) digests

D) periodicals

E) form books

Q4) Statutes are laws enacted by the legislature.

A)True

B)False

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Chapter 5: Using the Law: Analysis and Legal Writing

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Sample Questions

Q1) Legal documents should be written with complex sentence structure to reflect the complexity of the law.

A)True

B)False

Q2) The case brief is often the first step in preparing a formal written analysis, often called:

A) a legal memorandum

B) precedent

C) stare decisis

D) case report

E) none of the above.

Q3) Id. and supra are examples of:

A) shorthand ways of citing authorities

B) abbreviations for certain courts

C) Latin terms that describe legal principles

D) terms that should never be used in a formal legal memorandum

E) Latin terms that have nothing to do with the law

Q4) A case brief compares a client's facts with facts of a reported case.

A)True

B)False

Page 7

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Chapter 6: Constitutional Law

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Sample Questions

Q1) Criminal and civil court processes are government primarily by

A) procedural due process

B) substantive due process

C) state law only

D) none of the above

Q2) The power of judicial review

A) is part of the system of separation of powers

B) was first recognized in the case of Marbury v. Madison

C) is expressly found in the original articles of the Constitution

D) was first recognized in the case of Brown v. Board. of Education

Q3) Constitutional law is found both in the Constitution itself and in Supreme Court case law interpreting the Constitution.

A)True

B)False

Q4) Which right is not protected by the First Amendment?

A) freedom of religion

B) freedom of press

C) freedom of assembly

D) freedom from unreasonable searches

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Chapter 7: Tort Law, Workers Compensation, and Environmental Law

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Sample Questions

Q1) Negligence is the failure to act as a reasonably prudent person would act under similar circumstances.

A)True

B)False

Q2) Which of the following is not a defense to negligence?

A) assumption of the risk

B) contributory negligence

C) comparative negligence

D) immunity

E) self defense

Q3) A tortfeasor is the injured person.

A)True

B)False

Q4) Punitive damages are also known as:

A) special damages

B) medical damages

C) personal damages

D) exemplary damages

E) extraordinary damages

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Chapter 8: Family Law

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Sample Questions

Q1) Which of the following is a category of marital property?

A) automobile

B) house

C) community property

D) inheritance

E) business interest

Q2) A temporary restraining order in a family law matter

A) must come from the police department

B) usually requires prior notice to the opposing side

C) is only good for 10 days

D) usually deals with spousal support

E) none of the above

Q3) An annulment proceeding is used to obtain a court declaration that:

A) the marriage is over

B) a legal separation has begun

C) no legal marriage ever existed

D) the marriage is voidable

E) the marriage was illegal

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Chapter 9: Wills, Trusts, and Probate

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Sample Questions

Q1) Which of the following is a reason to change a will?

A) the testator changes his or her mind

B) circumstances change

C) assets are acquired

D) heirs are born and die

E) all of the above

Q2) A person who has the duty of taking care of a person and that person's property is known as

A) executor

B) guardian

C) trustee

D) trustor

E) none of the above

Q3) Which of the following is not an element of a trust?

A) a trustee

B) a beneficiary

C) a settlor

D) a gift

E) trust property

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Page 11

Chapter 10: Contract Law, Real Property Law, Intellectual

Property, and Employment Law

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Sample Questions

Q1) Patent and copyright laws are federal rather than state. Multiple Choice

A)True

B)False

Q2) In contract law, the person who makes an offer is the offeree. A)True

B)False

Q3) A lawsuit to evict a tenant is known as an unlawful detainer action. A)True

B)False

Q4) Contracts by emancipated minors are usually valid.

A)True

B)False

Q5) A contract entered into by a minor

A) is usually void

B) is usually voidable

C) is usually enforceable against the minor

D) becomes enforceable if not rescinded within 60 days

E) none of the above

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Chapter 11: The Law of Business Organizations and Bankruptcy

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Sample Questions

Q1) Equity securities are:

A) loans taken out by the corporation

B) only owned by shareholders in public corporations

C) only owned by shareholders in close corporations

D) usually in the form of shares of stock for a corporation

E) always regulated by the federal government

Q2) Each partner in a partnership is the agent of the other partners and is responsible for the torts of the other partners if committed in the course and scope of the partnership. A)True

B)False

Q3) The term "securities" is used to describe:

A) a financial interest in a business

B) only shares of stock in a corporation

C) only a partnership interest in a general partnership

D) only a partnership interest in a limited partnership

E) none of the above

Q4) A general partnership always has a managing partner. A)True

B)False

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Chapter 12: Civil Procedure Before Trial

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Sample Questions

Q1) Written questions sent by one party to another party that must be answered under oath are known as:

A) interrogatories

B) depositions

C) requests to produce

D) disclosure

E) none of the above

Q2) Motions generally require court hearings.

A)True

B)False

Q3) Discovery involves the use of:

A) interrogatories

B) depositions

C) requests for medical examinations

D) requests to produce or inspect

E) all of the above

Q4) Diversity of citizenship means that one party is not a resident of the United States.

A)True

B)False

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Chapter 13: Alternative Dispute Resolution

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Sample Questions

Q1) A procedure often used by businesses in which disputing parties present their dispute before a special jury in non-binding trial is known as:

A) mini-trial

B) summary trial

C) binding arbitration

D) nonbinding arbitration

E) early neutral evaluation

Q2) 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

A) arbitration

B) mediation

C) negotiation

D) mini-trial

E) early neutral evaluation

Q3) Arbitrators and mediators must be attorneys.

Multiple Choice

A)True

B)False

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Page 15

Chapter 14: Criminal Practice: Criminal Law and Juvenile Law

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Sample Questions

Q1) A felony is often punishable by:

A) a minimum one year's imprisonment

B) a minimum of six months' imprisonment

C) time off for good behavior

D) a and b

E) none of the above

Q2) Double jeopardy prevents a juvenile from being tried as an adult, after going through a jurisdictional hearing in juvenile court.

Multiple Choice

A)True

B)False

Q3) The Model Penal Code has been adopted in all states.

A)True

B)False

Q4) First degree murder is a homicide that is:

A) premeditated

B) willful

C) deliberate

D) a and c

E) a, b, and c

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Chapter 15: Criminal Procedure Before Trial

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Sample Questions

Q1) The warrant requirement is designed to protect law enforcement officers.

A)True

B)False

Q2) Which of the following is not a pretrial motion in a criminal trial?

A) motion to dismiss

B) motion to suppress evidence

C) motion for a change of venue

D) motion for a grand jury

E) none of the above

Q3) Formal charges may take the form of:

A) an information

B) a warrant

C) an indictment

D) a grand jury

E) a and c

Q4) An arrest is the physical seizure of a person by the government.

Multiple Choice

A)True

B)False

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Chapter 16: Rules of Evidence

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Sample Questions

Q1) All states have adopted the Federal Rules of Evidence.

A)True

B)False

Q2) An inference is a logical conclusion of a fact that is not supported by direct evidence.

A)True

B)False

Q3) Circumstantial evidence is a form of evidence that is:

A) non-hearsay

B) indirect

C) a logical conclusion

D) a and b

E) all of the above

Q4) A lay witness may testify about

A) something he or she heard

B) something he or she saw

C) conclusions of law

D) a and b

E) all of the above

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Chapter 17: The Trial

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Sample Questions

Q1) Jury questionnaires may contain questions on

A) age

B) race

C) employment

D) education

E) all of the above

Q2) A motion for summary judgment requests that the judge decide the case on the legal issues without consideration of the factual issues.

A)True

B)False

Q3) The Constitution prescribes the method of jury selection.

A)True

B)False

Q4) In a criminal case the burden of proof falls upon the prosecutor.

A)True

B)False

Q5) Voir dire is the process of questioning the jury to determine their suitability to serve on a jury panel.

A)True

B)False

Page 19

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Chapter 18: Sample Video Worksheets

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21 Verified Questions

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Sample Questions

Q1) Why did Gideon think that a retrial after the Supreme Court decision was illegal?

Q2) Which Constitutional Amendment formed the basis for this Court's decision?

Q3) What was the name of the Chief Justice of the Supreme Court when this case was first brought to the court?

Q4) What was the offense with which Gideon was originally charged with?

Q5) Did Gideon have an attorney in his second trial? If so, what was his name, and who paid for him?

SEPARATE BUT EQUAL

(Video is available commercially)

To the extent possible from watching the film, answer the following questions.

Q6) What is the name of the attorney who represented Briggs?

Q7) Describe the judicial history of the case (i.e., in what court did it begin and in what appellate courts was it heard?).

Q8) Which Constitutional Amendment or Amendments were involved in this case?

Q9) Who represented Gideon at the first trial?

Q10) Give a brief factual description of what led to this lawsuit.

Q11) Who wrote the Court's opinion in this matter?

Q12) What was the jury verdict in the retrial of Gideon? Page 20

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