Pre-Law Seminar
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Course Introduction
The Pre-Law Seminar is designed to introduce students to the foundations of legal studies and the law school experience. Through interactive lectures, case studies, and discussions, students will explore key areas of the legal system, including legal reasoning, ethics, and current issues in law. The seminar emphasizes developing critical thinking, research, and communication skills essential for future legal coursework and the legal profession. Students will also gain insights into law school admissions, the LSAT examination, and career pathways within the legal field, preparing them for informed decision-making about pursuing law as a profession.
Recommended Textbook
Introduction to Law 5th Edition by Joanne B. Hames
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Chapter 1: Introduction to Law
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Sample Questions
Q1) Compare and contrast the differences between a civil law legal system and a common law legal system.
Answer: A civil law legal system refers to a system based primarily on written constitutions and written laws or codes. In such legal systems, a ruler or legislative body creates an extensive set of rules or regulations to govern. The role of courts in such systems is limited. Common law systems, on the other hand, are based on precedent or case law.
Q2) Common law systems are based on the concept of ______ or "stare decisis."
Answer: precedent
Q3) Laws that define the rights and duties of parties and establish the legal basis for any lawsuit are known as ______ laws.
Answer: substantive
Q4) The legal system based primarily on written constitutions and written laws or codes is known as a _____ system.
Answer: civil law
Q5) The philosophical theory of law that holds that the validity of law is not related to morality is known as legal_____.
Answer: positivism
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Chapter 2: The US Legal System
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Sample Questions
Q1) In order to override a presidential veto, each house of Congress must approve the presidential override by vote?
A) One-third
B) Majority vote
C) Two-thirds
D) Three-fourths
Answer: C
Q2) Express powers are granted to the U.S. Congress in Article I, Section 8 of the U.S. Constitution.
A)True
B)False
Answer: True
Q3) Which of the following powers is preempted by the federal government?
A) Power to regulate criminal conduct
B) Power to regulate civil tort liability
C) Power to regulate the coining of money
D) Power to regulate business organizations
E) Both a and c
Answer: C
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Page 4
Chapter 3: The Courts and Legal Personnel
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Sample Questions
Q1) U.S. District Courts handle all bankruptcy court proceedings.
A)True
B)False
Answer: False
Q2) The first job of the ____of fact is to determine the true facts.
Answer: trier
Q3) Parties desiring a hearing before the U.S. Supreme Court usually file a petition for writ of _____.
Answer: certiorari
Q4) Prosecutors' offices are also known as:
A) Public Defenders' Offices
B) District Attorneys' Offices
C) Corporate Legal Departments
D) All of the above
E) None of the above
Answer: B
Q5) All state court systems have both _____ courts and appellate courts of review. Answer: trial
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Chapter 4: Finding the Law: Legal Research
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Sample Questions
Q1) Rules are the primary law relied upon by the court in the analysis or reasoning component of the case.
A)True
B)False
Q2) What are the different components of case law?
Q3) A legal _____ is a good starting place for legal research to help understand legal vocabulary.
Q4) Cases published by Thomson-Reuters/West (Westlaw) have _____ numbers that can be looked up in a digest to locate other cases that involve the same topic.
Q5) What type of facts help the researcher understand what happened?
A) Relevant facts
B) Explanatory facts
C) Unnecessary facts
D) All of the above
Q6) A legal encyclopedia is arranged _____.
Q7) Provide examples of primary sources and secondary sources.
Q8) A relevant fact is a fact that is tied directly to the client's legal question.
A)True
B)False
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Chapter 5: Using the Law: Analysis and Legal Writing
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Sample Questions
Q1) Explain why legal writing should use active voice.
Q2) 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
Q3) Which section of a legal memorandum contains a concise statement of all relevant and explanatory information?
A) Facts
B) Issue statement
C) Discussion/analysis
D) Conclusion
Q4) A topic sentence sets the scene for the information in the remainder of the paragraph.
A)True
B)False
Q5) A legal memorandum compares a client's facts with facts of a reported case.
A)True
B)False
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Chapter 6: Constitutional Law
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Sample Questions
Q1) The Due Process Clause is found in both the Fifth and Fourteenth Amendments.
A)True
B)False
Q2) The original U.S. Constitution ratified in 1789 included the power to impose an individual income.
A)True
B)False
Q3) Which of the following types of speech is not protected by the Constitution?
A) Political speech
B) Advertising
C) Obscene material
D) None of the above; they are all protected
Q4) What is the difference between the Establishment Clause and the Free Exercise Clause?
Q5) The original U.S. Constitution drafted in 1787 and ratified by the states in 1789 included a Bill of Rights.
A)True
B)False
Q6) Why is judicial review important?
Q7) What did the U.S. Supreme Court decide in Griswold v. Connecticut (1965)?
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Chapter 7: Tort Law
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Sample Questions
Q1) Which of the following is not a type of negligence action?
A) Liability of landowners
B) Automobile accidents
C) Professional negligence
D) Intentional infliction of emotional distress
E) Defective products
Q2) An employee injured within the scope of employment can recover against both the employer in a worker's compensation action and against a third-party for a double recovery.
A)True
B)False
Q3) Punitive damages are allowed in negligence actions only if the negligence rises to the level of ______negligence.
Q4) In Yauger v. Skiing Enters., Inc., 206 Wis.2d 76, 557 N.W.2d 60 (1996) the Wisconsin Supreme Court held that a release drafted by a ski resort was void as against public policy, because it failed to expressly indicate the skiers intent to release the resort from its own negligence. To what extent should courts enforce a waiver or release of liability in a negligence case?
Q5) List and define the three major types of torts.
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Chapter 8: Family Law
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Sample Questions
Q1) 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.
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 ten days.
D) usually deals with spousal support.
E) None of the above
Q3) What type of property is property that belongs solely to one spouse?
A) Separate property
B) Community property
C) Quasi-community property
D) All of the above
Q4) 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.
Page 10
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Chapter 9: Estate Planning: Wills, Trusts, and Probate
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Q1) When a person dies without a will, the law of intestate succession is applied.
A)True
B)False
Q2) A person can change his or her will only once during their lifetime.
A)True
B)False
Q3) What type of trust, often called an involuntary trust, is created by law?
A) Express trust
B) Implied trust
C) Testamentary trust
D) Living trust
Q4) An implied trust is often called an involuntary trust.
A)True
B)False
Q5) During probate, the person who is named by the court to pay debts and distribute property is called a(n) _______.
Q6) Compare and contrast the three broad categories of wills.
Q7) A general ______ is a gift of a specific amount of money. This gift of money is taken from the assets of the general estate.
Q8) Wills fall into three broad categories: formal,_____, and nuncupative.
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Chapter 10: Contract and Property Law
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Q1) Specific performance is a court order requiring one party to fulfill his or her obligations under a contract.
A)True
B)False
Q2) The parol evidence rule limits the types of evidence that be used to prove terms of an agreement.
A)True
B)False
Q3) 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
Q4) The most common remedy for breach of contract is an injunction.
A)True
B)False
Q5) Deeds are used to transfer ownership to property.
A)True
B)False
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Chapter 11: The Business Environment: Agency, Employment, Business Organizations, and Bankruptcy Laws
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Q1) The ______ are the internal rules and regulations for a corporation.
Q2) 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
Q3) What are the differences between a limited liability partnership and a limited liability company?
Q4) 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
Q5) An employment arrangement without a fixed term is an employment ________.
Q6) In response to corporate abuse by Enron and other corporations, Congress enacted the ______________Act of 2002 that established the Public Company Accounting Oversight Board, which requires registration of auditors of public companies and imposes regulations regarding accounting methods and financial disclosures.
Page 13
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Chapter 12: Civil Procedure Before Trial
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Q1) If the defendant is not a resident of the state in which the action is filed, the defendant must have sufficient ______ with the state.
Q2) Once a complaint is filed, the plaintiff gives notice to the defendant that a lawsuit has been filed through ___________.
Q3) Diversity of citizenship means that one party is not a resident of the United States.
A)True
B)False
Q4) 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
Q5) Plaintiffs are required to use licensed process servers to serve complaints.
A)True
B)False
Q6) The two most common pleadings are the complaint and the ______.
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Chapter 13: Alternative Dispute Resolution
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Q1) In _________, the neutral mediator assists the parties in coming to an agreement.
Q2) What is the difference between arbitration with mediation?
Q3) Compare and contrast private judges, special masters, and discovery referees.
Q4) ADR is never used in criminal cases.
A)True
B)False
Q5) Arbitrators and mediators must be attorneys.
A)True
B)False
Q6) The arbitration ______ is the decision of the arbitrator in an arbitration hearing.
Q7) 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
Q8) All arbitrators and mediators must have ______ and not have any bias.
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Chapter 14: Criminal Practice: Criminal Law and Juvenile Law
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Q1) 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
Q2) Homicide is the taking of the life of one person by another.
A)True
B)False
Q3) Before the criminal justice system affixes the term crime to a homicide, there must be a showing of criminal intent or:
A) mens rea.
B) actus reus.
C) rehabilitation.
D) retribution.
Q4) A homicide that involves an impulsive act, rather than a premeditated act is ________ degree murder.
Q5) A(n) _____ is a reckless or intentional, harmful, or offensive touching of another.
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Q6) A homicide that is premeditated, willful, and deliberate is ________ degree murder.
Chapter 15: Criminal Procedure Before Trial
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Q1) The Fourth Amendment prohibits unreasonable searches and seizures.
A)True
B)False
Q2) A motion for change of _______ requests that the court change the location of the trial.
Q3) The exclusionary rule is a rule of criminal procedure stating that evidence obtained illegally cannot be used at trial.
A)True
B)False
Q4) The purpose of the preliminary hearing is to establish that ________ exists.
Q5) In the landmark 1961 U.S. Supreme Court case ____________, the court recognized the exclusionary rule that subsequently discovered evidence, derived from an initial illegal search and seizure, is not admissible.
Q6) An information is an accusation made by a prosecutor against a criminal defendant that does not involve a grand jury.
A)True
B)False
Q7) The _____ appearance is the first court appearance of a criminal defendant after the arrest.
Page 17
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Chapter 16: Rules of Evidence
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Q1) Martha saw a woman slip and fall at a grocery store. Martha testified what she saw in court for the plaintiff. Martha is a(n) __________ witness.
Q2) What type of evidence is acknowledgement by the court of certain geographical statistics?
A) Judicial notice
B) Testimony of a witness
C) Exhibits
D) Stipulated facts
Q3) Which of the following are not types of evidence?
A) Judicial notice
B) Testimony of a witness
C) Exhibits
D) Stipulated facts
E) None of the above
Q4) There are four types of witnesses.
A)True
B)False
Q5) A revolver recovered by the police that is introduced during a murder trial is an example of __________ evidence.
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Chapter 17: The Trial
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Q1) 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
Q2) After closing arguments but before jury deliberations, the judge will give ________ to the jury.
Q3) Preparation for trial is similar to preparation for:
A) settlement.
B) discovery.
C) investigation.
D) opening statements.
E) closing arguments.
Q4) Explain the difference between the burden of proof in a criminal case and the burden of proof in a civil case.
Q5) What is the purpose of a closing argument?
Q6) 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 __________.
Q7) Explain how a judge decides which jury instructions to give to a jury.
Page 19
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