Introduction to Legal Studies
Final Exam
Course Introduction
Introduction to Legal Studies provides students with a foundational understanding of the legal system, its structure, and its role in society. The course explores key concepts such as the sources of law, the relationship between law and morality, and the major branches of law including civil, criminal, and constitutional law. Students will examine how laws are created, interpreted, and enforced, and will analyze the impact of legal decisions on individuals and communities. Through case studies, discussions, and critical analysis, learners will develop essential skills in legal reasoning, argumentation, and ethical decision-making, preparing them for more advanced studies in law and related fields.
Recommended Textbook
Introduction to Law 5th Edition by Joanne B. Hames
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Chapter 1: Introduction to Law
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Q1) What is the definition of law?
Answer: Law is defined as a set of rules and procedures usually intended to regulate some aspect of society.
Q2) Substantive laws are those laws that define the rights and duties of parties.
A)True
B)False
Answer: True
Q3) A civil law system is based on:
A) constitutions and codes.
B) cases and codes.
C) constitutions and cases.
D) tort law and contract law.
Answer: A
Q4) Whether a law is substantive or procedural is one way that laws are categorized.
A)True
B)False
Answer: True
Q5) Laws that relate to the enforcement of the substantive rights and duties are known as ______ laws.
Answer: procedural
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Chapter 2: The US Legal System
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Q1) Article I of the U.S. Constitution provides that federal statutes can be created by initiative if a petition gathers a sufficient number of signatures.
A)True
B)False
Answer: False
Q2) Explain whether a new state law requiring sex offenders to register in a new registry is considered an ex post facto law.
Answer: An ex post facto law is a law that retroactively changes the legal consequences of actions that were committed before the enactment of the law. In the case of a new state law requiring sex offenders to register in a new registry, it would not be considered an ex post facto law if it only applies to future actions or offenses committed after the law is enacted. However, if the law retroactively changes the registration requirements for sex offenders who committed their offenses before the law was enacted, then it could be considered an ex post facto law. It is important to carefully examine the specific provisions and retroactive effects of the new law to determine whether it falls under the category of an ex post facto law.
Q3) Where a conflict exists between federal and state laws, _____law controls.
Answer: federal
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Chapter 3: The Courts and Legal Personnel
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Q1) The United States is divided into fifteen separate geographical appellate areas, called circuits for the federal appellate courts.
A)True
B)False
Answer: False
Q2) Which of the following is not part of an appeal?
A) Live testimony by witnesses before the appellate court
B) Transcripts of the trial court proceedings
C) Appellate briefs
D) All of the above
Answer: A
Q3) Which of the following is not a specialized trial court in the federal court system?
A) U.S. Tax Court
B) U.S. Claims Court
C) U.S. Bankruptcy Courts
D) U.S. District Courts
Answer: D
Q4) The first job of the ____of fact is to determine the true facts. Answer: trier
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Chapter 4: Finding the Law: Legal Research
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Sample Questions
Q1) Relevant facts are sometimes called:
A) key facts.
B) focus facts.
C) explanatory facts.
D) important.
E) precedent.
Q2) _______ facts help the researcher understand what happened.
Q3) Explain the different reporters for U.S. Supreme Court cases.
Q4) Form books are filled with sample forms and explanations on how and when to use the forms.
A)True
B)False
Q5) Encyclopedias are a secondary source.
A)True
B)False
Q6) Rules are the primary law relied upon by the court in the analysis or reasoning component of the case.
A)True
B)False
Q7) Explain the differences between primary and secondary sources.
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Chapter 5: Using the Law: Analysis and Legal Writing
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Q1) Explain the components of a case brief and the questions answered.
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) The judicial history in a case brief that explains how the case traveled through the courts.
A)True
B)False
Q4) The _____ section of a case brief includes a listing of the laws the court relied on in the analysis or reasoning and may include statutes, case law, articles or amendments from the U.S. Constitution or other primary sources of the law.
Q5) A legal memorandum compares a client's facts with facts of a reported case.
A)True
B)False
Q6) Where possible, replace forms of the verb "to ___" with verbs denoting action.
Page 7
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Chapter 6: Constitutional Law
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Q1) Freedom of speech protects only political speech; it does not include speech such as advertising.
A)True
B)False
Q2) The clause in the U.S. Constitution that states that the Constitution "shall be the supreme law of the land" is called:
A) the Supremacy Clause.
B) the Equal Protection Clause.
C) the Commerce Clause.
D) the Due Process Clause.
Q3) The _____ Clause in the First Amendment prohibits government from enacting any law that results in the establishment of a religion.
Q4) Constitutional law comes from the text of the U.S. Constitution and the numerous decisions of the U.S. Supreme Court interpreting the document.
A)True
B)False
Q5) What is the difference between the Establishment Clause and the Free Exercise Clause?
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Chapter 7: Tort Law
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Sample Questions
Q1) Explain the difference between assault and battery.
Q2) Which of the following is not an element of negligence?
A) Duty to use due care
B) Intent
C) Damages
D) Causation
E) Breach
Q3) Negligence is the failure to act as a reasonably prudent person would act under similar circumstances.
A)True
B)False
Q4) An intentional tort is one in which the party committing the tort intends to do the act knowing it will cause serious injury.
A)True
B)False
Q5) Punitive damages are always recovered in negligence cases.
A)True
B)False
Q6) List and define the three major types of torts.
Q7) The three major types of torts are: intentional torts, negligence, and ______.
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Chapter 8: Family Law
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Sample Questions
Q1) Why would a couple planning to marry have a pre-marital agreement?
Q2) A(n) ______ is used to obtain a court declaration that no legal marriage ever existed.
Q3) Property acquired by gift or inheritance is considered _______ property.
Q4) A few states continue to recognize the legal status of the common-law marriage without a ceremony. Would you support legislation in your state to recognize common-law marriage? Explain your position.
Q5) The testimony of a witness, given under oath, outside the courtroom and taken before a court reporter is called a(n) ____________.
Q6) The discovery process in family law will not involve:
A) depositions.
B) interrogatories.
C) request for production and inspection of documents.
D) a "complaint."
E) experts.
Q7) The deponent is the person whose testimony is given under oath during a deposition.
A)True
B)False
Page 10
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Chapter 9: Estate Planning: Wills, Trusts, and Probate
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Q1) A gift by will of specific real property is known as a:
A) bequest.
B) devise.
C) general legacy.
D) demonstrative legacy.
E) testimonium clause.
Q2) A will can be changed or revoked any time after the will is properly created and before ______.
Q3) The most common types of express trusts are living trusts and _______ trusts.
Q4) During probate, the person who is named by the court to pay debts and distribute property is called a(n) _______.
Q5) Explain how a will can be revoked or changed.
Q6) Explain the different types of trusts.
Q7) A living trust becomes effective:
A) during the life of the settlor.
B) upon death of the settlor.
C) upon death of the beneficiary.
D) when an express trust is created.
E) during the probate process.
Q8) Compare and contrast the three broad categories of wills.
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Chapter 10: Contract and Property Law
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Q1) A type of deed in which the grantor makes no representations is a:
A) quitclaim deed.
B) warranty deed.
C) grant deed.
D) None of the above
E) All of the above
Q2) Con?fidential information regarding a business or product is called a(n) _______ secret.
Q3) Which form of intellectual property is automatically created when the work is created?
A) Copyright
B) Trademark
C) Patent
D) Trade secret
Q4) What is the name of a lawsuit to evict a tenant?
A) Unlawful detainer
B) Eviction
C) Lease
D) Foreclosure
Q5) Explain the parol evidence rule.
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Chapter 11: The Business Environment: Agency, Employment, Business Organizations, and Bankruptcy Laws
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Q1) What type of business entity is a business owned and operated by one person?
A) Sole proprietorship
B) General partnership
C) Business corporation
D) Limited liability company
Q2) Actual authority of partners to enter contracts on behalf of the partnership:
A) means that authority is implied because the conduct of the parties have reasonably led third persons to believe that such authority exists.
B) means that other partners have approved the contract.
C) always exists for all partners.
D) All of the above
E) None of the above
Q3) In a limited partnership:
A) all partners have limited liability.
B) only general partners have limited liability.
C) only limited partners have limited liability.
D) limited partners have no liability.
E) no partner has any liability.
Q4) The owner of a sole proprietorship in itself is fully _____ for any business debts.
Page 13
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Chapter 12: Civil Procedure Before Trial
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Q1) What is the first step in the process of getting a civil case to trial in civil procedure?
A) Selecting the proper jurisdiction
B) Determining that a cause of action exists
C) Selecting the proper venue
D) Preparing the complaint
Q2) Interrogatories are written questions sent by one party to another party that must be answered under ______.
Q3) Settlement agreements are found in:
A) complaints.
B) answers.
C) discovery documents.
D) compromise and release.
Q4) Requests for admissions are written requests by one party to another to admit or deny the truth of a statement or the genuineness of a document.
A)True
B)False
Q5) Why do think so few civil lawsuits end up going to trial?
Q6) Describe the different discovery methods used in civil litigation.
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Chapter 13: Alternative Dispute Resolution
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Q1) What is the name of the federal law found in sections in title 9 of the United States Code that recognizes the enforceability of arbitration agreements in cases dealing with maritime and interstate commerce?
A) Uniform Arbitration Act
B) Federal Arbitration Act
C) Federal Alternative Dispute Resolution Act
D) Federal Mediation Act
Q2) Which of the following frequently offer arbitration services?
A) Private judges
B) The court
C) The American Arbitration Association
D) None of the above
E) All of the above
Q3) The arbitration ______ is the decision of the arbitrator in an arbitration hearing.
Q4) Early neutral ________ is a proceeding that takes place early in a civil case in which the disputing parties meet with a neutral person who evaluates the case in an attempt to settle the dispute.
Q5) What is the difference between arbitration with mediation?
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Chapter 14: Criminal Practice: Criminal Law and Juvenile Law
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Q1) In California, the equivalent of a sentencing in criminal court for adults is a _______ hearing in juvenile court.
Q2) What type of homicide is a homicide that is premeditated, willful, and deliberate?
A) First degree murder
B) Second degree murder
C) Voluntary manslaughter
D) Involuntary manslaughter
Q3) What type of homicide involves an impulsive act, rather than a premeditated act?
A) First degree murder
B) Second degree murder
C) Voluntary manslaughter
D) Involuntary manslaughter
Q4) Explain the differences between first degree murder and second degree murder.
Q5) Mark points a gun at Phillip intending to shoot him. Mark pulls the trigger and Phillip dies from the gunshot. Mark has committed a(n) _______ act and could be found guilty of first degree murder.
Q6) What are the purposes of criminal law?
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Q7) A(n) _____ is a reckless or intentional, harmful, or offensive touching of another.
Chapter 15: Criminal Procedure Before Trial
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Q1) The _____ appearance is the first court appearance of a criminal defendant after the arrest.
Q2) The purpose of the warrant requirement under the Fourth Amendment is protect against _______searches and seizures.
Q3) A(n) ______ is the physical seizure of a person by the government.
Q4) When an officer is actively involved in chasing down a suspect, the __________ exception to the warrant requirement may apply.
Q5) The Fourth Amendment prohibits unreasonable searches and seizures. A)True
B)False
Q6) The exclusionary rule is a rule of criminal procedure stating that evidence obtained illegally cannot be used at trial.
A)True B)False
Q7) The warrant requirement is designed to protect law enforcement officers. A)True B)False
Q8) The purpose of the preliminary hearing is to establish that ________ exists.
Q9) Explain the purpose of the initial appearance of a defendant.
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Chapter 16: Rules of Evidence
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Q1) A(n) _________ witness is a person who, because of special qualifications, testifies about conclusions that may be drawn based on his or her expertise.
Q2) All states have adopted the Federal Rules of Evidence.
A)True
B)False
Q3) Hearsay is a(n) ______ statement offered in evidence to prove the truth of the matter asserted.
Q4) Judicial notice is sometimes taken when the court believes that the information is common knowledge.
A)True
B)False
Q5) Among the four types of evidence, which type of evidence is most convincing to a jury?
Q6) The most common attributes used to discredit a witness are:
A) personal bias.
B) prior inconsistent statements.
C) prior convictions.
D) character for untruthfulness.
E) All of the above
Page 18
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Chapter 17: The Trial
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Q1) What is name of the person who assigns exhibits and labels the evidence during a trial?
A) Court reporter
B) Bailiff
C) Court clerk
D) Magistrate
Q2) After the evidence has been presented by the plaintiff's attorney:
A) the attorney for the defendant may cross-examine any of the witnesses called by the plaintiff.
B) defense counsel may make an opening statement.
C) defense counsel may make any motions regarding suppression of evidence.
D) None of the above
Q3) In a criminal case, the prosecutor must prove (1) that a crime was committed and (2) that the evidence shows that the defendant is guilty beyond a __________.
Q4) 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
Q5) Explain how a judge decides which jury instructions to give to a jury.
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