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Law and Society Midterm Exam - 356 Verified Questions

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Law and Society

Midterm Exam

Course Introduction

Law and Society explores the dynamic relationship between legal systems and the broader social context in which they operate. The course examines how law influences and is influenced by social values, institutions, and power structures. Students will analyze the ways laws are created, interpreted, and enforced, considering the impact of culture, economics, history, and politics on legal processes. Through case studies and theoretical frameworks, the course encourages critical reflection on justice, inequality, and the role of law in promoting or challenging social change.

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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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Sample Questions

Q1) Substantive criminal laws for states are usually found in

A) state rules of court

B) case law

C) statutory law

D) constitutional law

E) local rules of court

Answer: C

Q2) 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

Q3) The theory s based on the belief that laws are created by men and therefore subject to pitfalls created by men.

A) the natural theory of law

B) legal positivism

C) legal realism.

D) jurisprudence

Answer: C

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Chapter 2: The Us Legal System

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Sample Questions

Q1) When the President refuses to either sign or veto proposed legislation, the bill is automatically vetoed.

A)True

B)False

Answer: False

Q2) The power of government to regulate is sometimes referred to as:

A) preemption

B) jurisprudence

C) jurisdiction

D) supremacy

E) federalism

Answer: C

Q3) The U.S. Supreme Court has the power to declare state laws unconstitutional.

A)True

B)False

Answer: True

Q4) The federal legislature consists of a bicameral structure.

A)True

B)False

Answer: True

Page 4

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Chapter 3: The Courts and Legal Personnel

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Sample Questions

Q1) Which of the following is a trial court?

A) U.S. district courts

B) U.S. tax courts

C) U.S. claims court

D) U.S. court of international trade

E) all of the above

Answer: E

Q2) Which of the following can paralegals usually do?

A) charge clients for their legal advice

B) give legal advice to friends without charging

C) draft legal documents under the supervision of a lawyer

D) argue a motion in court, as long as they are accompanied by a lawyer

E) both c and d

Answer: C

Q3) Individuals must take and pass an examination known as a bar exam before they are licensed to practice law.

A)True

B)False

Answer: True

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Chapter 4: Finding the Law: Legal Research

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Sample Questions

Q1) An issue is a question that must be decided by a court.

A)True

B)False

Q2) Information in a legal encyclopedia is arranged:

A) alphabetically

B) chronologically

C) numerically

D) randomly

E) none of the above

Q3) Relevant facts are sometimes called:

A) key facts

B) focus facts

C) explanatory facts

D) important

E) precedent

Q4) Encyclopedias are a secondary source.

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 writing does not require a thesis paragraph.

A)True

B)False

Q2) "The actions were quickly regretted by her" is an example of:

A) active voice

B) passive voice

C) use of unnecessary words

D) ambiguous terms

E) none of the above

Q3) In preparing a first draft of a legal document, you should:

A) reread the directions

B) begin in a logical fashion

C) complete one section before moving on to another section

D) periodically go back and reread directions

E) all of the above

Q4) The process of comparing or aligning the facts of a client's case with the elements of a statute is one element of legal analysis

A)True

B)False

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Chapter 6: Constitutional Law

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Sample Questions

Q1) The Establishment Clause of the First Amendment limits the government's power to interfere with a person's practice of his or her religion.

A)True

B)False

Q2) 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

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

A)True

B)False

Q4) The right to privacy stems from the Due Process Clause.

Multiple Choice

A)True

B)False

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

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Sample Questions

Q1) 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

Q2) Strict liability is liability without fault.

A)True

B)False

Q3) Activities that give rise to strict liability are:

A) driving a dangerous car

B) engaging in an ultrahazardous activity

C) fighting

D) battery

E) selling pharmaceuticals

Q4) Defamation involves the unprivileged publication of a factual statement that is untrue and injurious or defamatory to a person's reputation.

A)True

B)False

Page 9

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Chapter 8: Family Law

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Sample Questions

Q1) A divorce is a total dissolving of a marriage.

A)True

B)False

Q2) Once a court determines that a parent-child relationship exists, it must consider:

A) child support

B) spousal support

C) property issues

D) whether restraining orders are needed

E) income and expense situation for each party

Q3) Spousal support is awarded when people end their marriage.

A)True

B)False

Q4) A premarital agreement may help to protect the assets of persons who plan to marry.

A)True

B)False

Q5) A marital partner has no legal interest in quasi-community property.

A)True

B)False

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Chapter 9: Wills, Trusts, and Probate

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Sample Questions

Q1) 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

Q2) Technically a trust is a situation where the title to property is divided into two parts: legal title and equitable title.

A)True

B)False

Q3) 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

Q4) A will may not be changed.

A)True

B)False

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Chapter 10: Contract Law, Real Property Law, Intellectual

Property, and Employment Law

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Sample Questions

Q1) Deeds are used to transfer ownership to property.

A)True

B)False

Q2) 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

Q3) Which of the following is a void contract?

A) contract entered into by a minor

B) contract entered into by someone who is drunk

C) contract entered into by someone who suffers a mental incapacity but who had not been adjudicated by a court to be incapable

D) contract entered into by someone who has been adjudicated by a court to be incapacitated or insane

E) all of the above are void

Q4) Once a patent is obtained it is good forever.

A)True

B)False

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Chapter 11: The Law of Business Organizations and Bankruptcy

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Sample Questions

Q1) Blue Sky laws refer to:

A) federal securities laws

B) state securities laws

C) federal bankruptcy laws

D) state bankruptcy laws

E) none of the above

Q2) All debts are dischargeable in bankruptcy.

A)True

B)False

Q3) 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

Q4) A limited partnership must have at least one general partner.

A)True

B)False

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Chapter 12: Civil Procedure Before Trial

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Sample Questions

Q1) Disclosure requires that each party disclose the following information to the other after filing a lawsuit

A) identity of persons who have relevant information

B) description of relevant documents

C) computation of damages

D) identity and qualifications of potential expert witnesses

E) all of the above

Q2) Service of process

A) must be made personally

B) can be done by the plaintiff

C) involves the service of a complaint and summons on the defendant

D) can be waived under federal rules

E) both c and d

Q3) The authority of the federal courts to hear trials is known as original jurisdiction.

A)True

B)False

Q4) A general denial denies each and every allegation contained in the complaint.

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) Courts have the right to stay arbitration proceedings.

A)True

B)False

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Chapter 14: Criminal Practice: Criminal Law and Juvenile Law

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Sample Questions

Q1) Most crimes have two basic elements.

A)True

B)False

Q2) The Model Penal Code is:

A) a set of uniform laws for all federal criminal cases

B) a collection of criminal statutes

C) a uniform collection of criminal laws followed by all states

D) a uniform collection of criminal laws followed by the federal courts

E) a and b

Q3) There is general uniformity among the states in how the juvenile court system works.

A)True

B)False

Q4) Crimes can be committed against:

A) property

B) persons

C) the public

D) b and c

E) all of the above

Page 16

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Chapter 15: Criminal Procedure Before Trial

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Sample Questions

Q1) What must be established before a warrant may be issued?

A) guilt

B) witnesses exist

C) evidence exists

D) an informant exists

E) probable cause

Q2) The warrant requirement is designed to protect law enforcement officers.

A)True

B)False

Q3) Which of the following is not an exception to the warrant requirement?

A) plain-view doctrine

B) hot pursuit

C) exigent circumstances

D) exclusionary rule

E) none of the above

Q4) Criminal procedure is a branch of federal law.

A)True

B)False

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Chapter 16: Rules of Evidence

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Sample Questions

Q1) Actual evidence might include the weapon used in a crime.

A)True

B)False

Q2) Hearsay is only admissible when

A) two or more persons heard the statement

B) the witness is credible

C) the prosecutor asks the court to allow the statements

D) there were no exigent circumstances

E) none of the above

Q3) Evidence is either direct or circumstantial.

A)True

B)False

Q4) 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

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Chapter 17: The Trial

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Sample Questions

Q1) As part of the jury instructions, the judge explains the jury process and the role of the jurors.

A)True

B)False

Q2) The judge will decide which jury instructions to give based on:

A) the legal and factual arguments

B) the overall appropriateness of the instruction

C) whether sufficient evidence was presented during the trial

D) recommended or pattern jury instructions for the jurisdiction

E) all of the above

Q3) A trial will always involve a jury.

A)True

B)False

Q4) The deliberation of the jury takes place in private.

Multiple Choice

A)True

B)False

Q5) In a criminal case the burden of proof falls upon the prosecutor.

A)True

B)False

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Chapter 18: Sample Video Worksheets

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Sample Questions

Q1) What is the name of the attorney who represented Briggs?

Q2) Who wrote the Court's opinion in this matter?

Q3) What was the offense with which Gideon was originally charged with?

Q4) Did Abe Fortas think traffic offenders should be entitled to court-appointed counsel?

Q5) Give a brief factual description of what led to this lawsuit.

Q6) How did Abe Fortas come to represent Gideon?

Q7) What was the jury verdict in the retrial of Gideon?

Q8) What rule of law (or holding) do we get from the Supreme Court's ruling in this case?

Q9) What was the name of the Chief Justice of the Supreme Court when this case was first brought to the court?

Q10) Who represented Gideon at the first trial?

Q11) 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.

Q12) What did the judge rule regarding Gideon's motion for change of venue?

Q13) Which Constitutional Amendment or Amendments were involved in this case? Page 20

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