Legal Systems and Processes
Exam Preparation Guide
Course Introduction
This course offers an in-depth exploration of legal systems and the processes that underpin them, providing students with foundational knowledge of how laws are created, interpreted, and enforced. Covering common law and civil law traditions, the course examines legislative, executive, and judicial functions, the structure and hierarchy of courts, and the role of alternative dispute resolution mechanisms. Students will engage with key legal concepts, principles of statutory interpretation, and procedural steps from case initiation to resolution. Emphasis is placed on understanding the interrelationships between legal actors, legal reasoning, and the mechanisms that ensure justice, fairness, and accountability within various legal frameworks.
Recommended Textbook
Introduction to Law 4th Edition by Joanne B. Hames
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18 Chapters
356 Verified Questions
356 Flashcards
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2
Chapter 1: Introduction to Law
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Sample Questions
Q1) Because values, customs and even religious beliefs influence laws and legal systems, differences exist from country to country,
A)True
B)False
Answer: True
Q2) Procedural criminal laws are found in
A) state constitutions
B) U.S. Constitution
C) state statutes
D) state and federal case law
E) all of the above
Answer: E
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
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Chapter 2: The Us Legal System
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Sample Questions
Q1) Stare decisis requires that:
A) all courts follow decisions of all other courts
B) all courts follow only those decisions from the U.S. Supreme Court
C) trial courts follow all decisions from appellate courts
D) all appellate courts follow all decisions of other appellate courts
E) none of the above
Answer: E
Q2) When both state and federal governments have the right to regulate an area, those governments have:
A) exclusive jurisdiction
B) concurrent jurisdiction
C) original jurisdiction
D) bicameral legislatures
E) none of the above
Answer: B
Q3) The federal legislature consists of a bicameral structure.
A)True
B)False
Answer: True
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Page 4
Chapter 3: The Courts and Legal Personnel
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Sample Questions
Q1) All federal judges are appointed by the president, subject to approval by the House of Representatives.
A)True
B)False
Answer: False
Q2) Which of the following is not a breach of ethics by a lawyer?
A) commingling personal funds with trust account money
B) failing to maintain a trust account even when the attorney does not handle client funds
C) accepting a case and not having sufficient time to handle the matter
D) allowing a paralegal to give legal advice to clients
E) none of the above; they are all breaches of ethics
Answer: B
Q3) Prosecutors who refuse to give the defense evidence that helps the defendant are just doing their job.
Multiple Choice
A)True
B)False
Answer: False
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Page 5
Chapter 4: Finding the Law: Legal Research
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Sample Questions
Q1) Form books are filled with sample forms and explanations on how and when to use the forms.
A)True
B)False
Q2) Encyclopedias are a secondary source.
A)True
B)False
Q3) Stare decisis means:
A) case law
B) reporter
C) similarities
D) precedent
E) review
Q4) The official reporter for U.S. Supreme Court cases is
A) Supreme Court Reporter
B) United States Reports
C) Lawyer's Edition
D) The Supreme Court Web Site
E) Westlaw
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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) Which of the following is not included in a legal memorandum?
A) statement of facts
B) issue statement
C) discussion/analysis
D) judicial history
E) conclusion
Q3) "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
Q4) Before editing a document, you should let it sit for a day or two.
A)True
B)False
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Chapter 6: Constitutional Law
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Sample Questions
Q1) The Bill of Rights consists of the first ten amendments to the U.S. Constitution.
A)True
B)False
Q2) The statement, "We hold these truths to be self-evident, that all men are created equal," is found
A) in the original Constitution
B) in the Equal Protection Clause of the 14th Amendment
C) in the Preamble to the Constitution
D) in the Declaration of Independence
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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8
Chapter 7: Tort Law, Workers Compensation, and Environmental Law
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Sample Questions
Q1) 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
Q2) In general, injured workers cannot sue employers under:
A) workers' compensation law
B) tort law
C) negligence
D) peculiar risk doctrine
E) assumption of the risk
Q3) 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
Q4) Negligence is the failure to act as a reasonably prudent person would act under similar circumstances.
A)True
B)False
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Chapter 8: Family Law
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Sample Questions
Q1) In all family law matters, the court will be most interested in the welfare of the children.
A)True
B)False
Q2) Laws regarding family and personal relationships are generally found in:
A) state statutes
B) the United States Code
C) law reviews
D) encyclopedias
E) dictionaries
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
Q4) Not all family law matters concern married persons.
Multiple Choice
A)True
B)False
Page 10
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Chapter 9: Wills, Trusts, and Probate
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Sample Questions
Q1) A fiduciary owes a duty of trust to:
A) the estate
B) the guardian
C) the trustee
D) the executor
E) the heirs
Q2) Which of the following may a person not distribute in a will?
A) real property
B) personal property
C) money
D) property owned by another
E) car
Q3) 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
Q4) Probate is the court-supervised process that takes places after a person dies.
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) Contracts usually contain the following:
A) mutual consent
B) consideration
C) capable parties
D) legal subject matter
E) all of the above
Q2) The Uniform Commercial Code controls:
A) contracts for the sale of goods
B) contracts involving interstate commerce
C) contracts involving banks
D) contracts for the sale of real property
E) none of the above
Q3) Once a patent is obtained it is good forever.
A)True
B)False
Q4) Deeds are used to transfer ownership to property.
A)True
B)False
Page 12
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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) Corporations are formed by filing which document with the secretary of state?
A) bylaws
B) articles of incorporation
C) stock permit
D) partnership agreement
E) shareholder agreement
Q3) Which of the following factors are considered when one tries to pierce the corporate veil?
A) did the corporation observe corporate formalities such as holding meetings?
B) did the corporation keep separate bank accounts?
C) were corporate funds used for corporate and not personal purposes?
D) was the corporation undercapitalized?
E) all of the above.
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Chapter 12: Civil Procedure Before Trial
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Sample Questions
Q1) Diversity of citizenship means that one party is not a resident of the United States.
A)True
B)False
Q2) The sole power or authority to act in a certain situation is known as:
A) exclusive jurisdiction
B) concurrent jurisdiction
C) pendant jurisdiction
D) original jurisdiction
E) diversity jurisdiction
Q3) If a defendant makes a claim against a co-defendant in federal court, it is known as a:
A) counterclaim
B) cross-claim
C) third party action
D) cross complaint
E) demurrer
Q4) Plaintiffs are required to use licensed process servers to serve complaints.
A)True
B)False
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Chapter 13: Alternative Dispute Resolution
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Sample Questions
Q1) Methods of alternative dispute resolution may be binding or nonbinding.
A)True
B)False
Q2) A mini-trial is a form of ADR.
A)True
B)False
Q3) The type of ADR most popular with family law and labor matters is:
A) arbitration
B) mediation
C) mini-trial
D) summary trial
E) trial
Q4) 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
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Page 15
Chapter 14: Criminal Practice: Criminal Law and Juvenile Law
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Sample Questions
Q1) 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
Q2) Which of the following is not a defense to a criminal charge?
A) duress
B) self-defense
C) diminished capacity
D) mistake
E) all of the above
Q3) Which of the following is an element of mens rea?
A) a knowing act
B) a purposeful act
C) a reckless act
D) a and c
E) all of the above
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Chapter 15: Criminal Procedure Before Trial
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Sample Questions
Q1) 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
Q2) 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
Q3) The exclusionary rule is a rule of criminal procedure stating that evidence obtained illegally
A) cannot be used at the arraignment
B) cannot be used at trial
C) never really existed
D) cannot be seized
E) must be returned to the person from whom it was seized
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Page 17
Chapter 16: Rules of Evidence
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Sample Questions
Q1) There are two basic types of evidence.
A)True
B)False
Q2) To impeach a witness means
A) to strike all his testimony
B) to remove him from the witness box
C) to hold him in contempt
D) to call into question his credibility
E) nonel of the above
Q3) 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
Q4) Judicial notice is sometimes taken when the court believes that the information is common knowledge.
A)True
B)False
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Chapter 17: The Trial
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Sample Questions
Q1) In a civil case the burden of proof falls upon the defendant.
A)True
B)False
Q2) Jury questionnaires may contain questions on
A) age
B) race
C) employment
D) education
E) all of the above
Q3) In closing arguments each attorney will highlight:
A) the problems with the evidence
B) the importance of the jury
C) the evidence most favorable to his or her client
D) a and b
E) all of the above
Q4) A trial will always involve a jury.
A)True
B)False
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Page 19
Chapter 18: Sample Video Worksheets
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Sample Questions
Q1) What rule of law (or holding) do we get from the Supreme Court's ruling in this case?
Q2) What did the judge rule regarding Gideon's motion for change of venue?
Q3) What was the legal issue in the case?
Q4) Why did the Court rule the way that it did?
Q5) Why did Gideon think that a retrial after the Supreme Court decision was illegal?
Q6) Who wrote the Court's opinion in this matter?
Q7) Which Constitutional Amendment formed the basis for this Court's decision?
Q8) What was the name of the Chief Justice of the Supreme Court when this case was decided?
Q9) Who represented Gideon at the first trial?
Q10) What was the offense with which Gideon was originally charged with?
Q11) Did Abe Fortas think traffic offenders should be entitled to court-appointed counsel?
Q12) Give a brief factual description of what led to this lawsuit.
Q13) How did Abe Fortas come to represent Gideon?
Page 20
Q14) What was the name of the Chief Justice of the Supreme Court when this case was first brought to the court?
Q15) What was the name of the chief witness against Gideon at the trial?
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Page 21