Sample Exam Questions

1.1.    Which "Father of the Constitution" said, "Even as a man has a right to his property, so also does he have a property in his rights."
    a.    James Madison
    b.    Benjamin Franklin
    c.    Thomas Jefferson
    d.    Patrick Henry

1.2. Which one of the following is not a characteristic of law discussed in this course?

    A. SERIES OF RULES
    B. REFLECTING CUSTOMS
    C. LAID DOWN BY THE STATE
    D. FOR THE BENEFIT OF THE PEOPLE

1.3. WHICH BASIC LEGAL CONCEPT DID HERNANDO DESOTO SUGGEST WAS THE DIFFERENCE
BETWEEN 1ST AND 3RD WORLD PRIVATE ENTERPRISE SYSTEMS?

    A. THE LAW
    B. THE RULE OF LAW
    C. EMPLOYMENT LAW
    D. PROPERTY

1.4.    Which of these items promotes the concept referred to as the "rule of law?"
    a.    Progressive Tax Rates
    b.    Affirmative Action
    c.    Women's Suffrage
    d.    Slavery

1.5. WHICH CONSTITUTINAL AMENDMENT GUARANTEES EQUAL PROTECTION UNDER THE LAW?

    A. FIRST AMENDMENT
    B. SIXTH AMENDMENT
    C. FOURTH AMENDMENT
    D. FOURTEENTH AMENDMENT

1.6.    We discussed the legal concept of property in 3 modes. Which of these statements is inconsistent with any of these 3 modes.
    a. My land is my property.
    b. My car is my property.
    c. My rights are my property.
    d. My country is my property.

1.7. WHICH IS NOT AN EXAMPLE OF A LIMITED RESOURCE?

    A. LAND
    B. AIR
    C. FOOD
    D. GOLD

1.8. Which one of these is not a source of law discussed in this course?
    a.    Legislation
    b.    Prior case law
    c.    Constitutions
    d.    Arbitration decisions

1.9. Local laws are called:

    a. ordinances
    b. Constitutions
    c. Statutes
    d. Regulations

1.10. Which one of these countries does not use a common law legal system?
    a.    Great Britain
    b.    Australia
    c.    France
    d.    United States

1.11. COMMON LAW FOCUSES ON: (SELECT THE BEST ANSWER)

    A. PROPERTY LAW
    B. CONTRACT LAW
    C. TORT LAW
    D. CRIMINAL LAW

1.12. WHICH IS AN EXAMPLE OF PROCEDURAL LAW? (SELECT ALL THAT APPLY)

    a. AN ANSWER TO A COMPLAINT MUST BE FILED WITHIN 30 DAYS OF SERVICE OF A
        COMPLAINT.
    b. OPENING ARGUMENTS IN A CRIMINAL TRIAL.
    c. A CRIMINAL DEFENDANT IS ENTITLED TO LEGAL REPRESENTATION.
    d. THE RIGHT TO TRIAL BY A JURY.

1.13.    A complaint is filed against you as the defendant. The sheriff comes to your
    door to serve you with a copy of the complaint. You are not home, but your
    roommate is and gets the sheriff leaves the complaint with him. Is this proper
    service of process.

1.14. A case is styled as follows: Robert Doe v. Athens Mechanics, Inc. and Jalopy
Auto Parts. Which of the following represents the style of a crossclaim?

a. Jalopy Auto Parts v. Janice Doe
b. Jalopy Auto Parts v. Robert Doe
c. Jalopy Auto Parts v. Athens Mechanics, Inc.

1.15. Which one of the following motions would likely be made when the evidence the plaintiff introduces at trial fails to prove a critical element of her cause of action? (select the most correct answer)
a. motion to dismiss
b. motion for a directed verdict
c. motion for summary judgment
d. motion to suppress

1.16. “We hold these truths to be self-evident,” i.e., anyone can reason them out because they are always correct and are in the nature of existence. This statement is most like which approach to ethics? (select the most correct answer)
a. teleological
b. utilitarian
c. consequential
d. deontological

1.17. The FDA has proposed a rule prohibiting certain tobacco advertising. If the tobacco companies challenge the constitutionality of this regulation of advertising content, they are most likely to do so under which amendment? (select the most correct answer)
a. First Amendment
b. Fourth Amendment
c. Fifth Amendment
d. Fourteenth Amendment

1.18 A petit jury performs the following functions (check all that apply):

A.   Hears witness testimony;
B.   Issues indictments;
C.   Issues subpeonas;
D.   Determines facts.

1.19. Which of the following is a leading question?

A. What is your name?
B. Tell me what you saw at the scene of the accident.
C. Describe the defendant's job duties with your company.
D. Isn't it true that you did not discuss the terms of the contract with
the Board of Directors?

1.20. Where a New Jersey plaintiff sues a Delaware corporation doing business in Georgia for injuries arising out of an automobile accident in Florida, which one of the following states does not have personal jurisdiction?

    a.    New Jersey
    b.    Delaware
    c.    Georgia
    d.    Florida

1.21. Which one of the following is will not satisfy the criteria for personal jurisdiction in a tort case?

    a.    defendant's minimum contacts with the state where the suit is brought
    b.    residence of defendant in the state where the suit is brought
    c.    amount in controversy
    d.    location of incident

1.22. Ace Wholesales, Inc. (A), one of several defendants in a product liability suit, seeks to shift its liability to Bargain Seller, Inc. (B), another defendant inthe same suit. A should file a ___________. Select the best answer.

    a.    counter-complaint
    b.    cross-complaint
    c.    response
    d.    rejoinder

1.23. If a motion for directed verdict is granted, what events follow:

A. Closing Arguments
B. Defendant's Case
C. End of Trial
D. Plaintiff's Case

1.24. An appeal must be filed on legal grounds. Which of the following is not an
example of a legal ground?

A. Giving erroneous jury instructions.
B. Failure to grant a motion for directed verdict.
C. Placing more weight on the testimony of one witness over another.
D. Admitting inadmissible evidence.

1.25. Which of the following is true regarding courts of appeal?

A.    They decide issues of law only.
B.    They decide issues of fact only.
C.    They decide issues of fact and law.
D.    They decide neither issues of fact nor law.

1.26. Abe's dispute with Babe was settled in arbitration. The arbitration decision was not made correctly. Which of the following facts would support Abe's appeal of the arbitration decision?

A.    The arbitrator misinterpreted the law.
B.    The arbitrator was seen accepting a large cash payment from Babe.
C.    The arbitrator refused to hear relevent evidence.
D.    Any of the above

1.27. Mandatory arbitration is like mediation because:
A. Its use is restricted to certain types of disputes.
B. A de novo judicial review may follow.
C. Admissibility of evidence is an issue.
D. Findings of fact are required.

1.28. Which of the following statements regarding arbitration is true?

A.    An employer is permitted to require a prospective employee to agree that all
employment disputes will be submitted to arbitration?
B.    Mandatory arbitration awards are more easily appealed than voluntary arbitration awards.
C.    A and B
D.    None of the above.

1.29. Emmanuel Kant is most closely associated with which of these ethical concepts?

A.    Formalism
B.    Categorical Imperative
C.    Teleology
D.    Consequentialism

1.30. Which of these statements is true regarding the First Amendment?

a. The First Amendment is an unlimited protection upon an individuals right to speak as they please.
b. The First Amendment provides protection for commercial speech.
c. The First Amendment does not protect symbolic speech.
d. The First Amendment protects reasonable speech from prior restraint by any governmental authority.

Answers & Explanations

1.1. A. James Madison is the "Father of the Constitution." As discussed in class, this quote is used to support the broad view of the term "property." More specifically, a property is an exclusive right protected by the law.

1.2. D. All of these characteristics were discussed in class except D. While we hope that law is for the benefit of the people, this is not necessarily so.

1.3. D. As discussed in class, clearly defined and enforced property rights are the primary reason that capitalism has succeeded in the the first world countries of the West.

1.4. C. The "rule of law" requires that all laws apply equally to all citizens. Prior to the suffrage movement, women were not allowed to vote. Progressive taxation, affirmative action measures, and slavery are attempts to apply law unequally among groups of citizens.

1.6.    D. The three modes in which we described property were:
            1. Property is an exclusive right to possession of land
            2. Property is an exclusive right to possessions of any item (car, tv, jewelry)
            3. Property is any exclusive right (The right to vote, the right not to be injured by others, the right
                to exclude others from your land)

1.8. D. Arbitration decisions, while binding, are not a source of law.

1.10. C. Britain and many of its former colonies incorporate common law into their legal system. France was never a British colony. The French rely upon a "civil law" system.

1.11. A. Explained during lecture.

1.13. NO. The general rule, and for purposes of this class, the complaint must be
served upon you personally. If the complaint has been filed against a
corporation, it should be served upon the registered agent whose identity is
filed with the Secretary of State's office.

1.14. C is the correct answer. A crossclaim is filed, after the initial complaint is
file by the plaintiff, by one defendant against another defendant. The two
defendants in this case are Athens Mechanics, Inc. and Jalopy Auto Parts.

1.16. D. Daontological ethics are based on basic unchangeable ethical propositions.

1.18. A and D are correct responses. B and C are functions of a grand jury in
criminal proceedings.

1.19. D is the leading question. A leading question suggests the answer to the
question within the question. Here the question assumes that there was not
discussion with the Board of Directors.

1.20. A. Personal Jurisdiction requires minimal contacts with a state. Defendant is not incorporated in New Jersey. Defendant does not do business in New Jersey. The incident did not occur in New Jersey. Under these facts, there is no basis for asserting that the corporation should be forced to defend a suit in New Jersey.

1.23. C is the correct answer. If a motion for directed verdict is granted, the judge
has concluded that the plaintiff has not offered proof of each essential
allegation. This failure causes the plaintiff to lose the case and the trial is
over.

1.24. C is the correct answer. Believing the testimony of one witness over another is
an issue of fact and is not a proper subject for an appeal.

1.25. A

1.26. B. Exceeding scope of submission and collusion are the only grounds for appeal of an arbitor's award.

1.27. B is the correct answer because it is the only choice that applies to both. The
other three answers relate only to mandatory arbitration.

1.28. C. Labor disputes are frequently the subject of arbitration. The courts have
held that an employer may make this a condition of employment. Mandatory arbitration is always subject to de novo review in the trial courts.

1.29. B.

1.30. B. Discussed in class and in text.

Test 2

2.1 The scope of an administrative agency's power is determined by:

A. U.S. Constitution
B. Executive Order
C. Legislation
D. Agency rules

The correct answer is C. Congress passes legislation that creates and defines
what an agency can do.

2.2 An appeal to the federal courts of a cease and desist order can occur only
after: (select the best answer)

A. Consent order
B. Commissioner's decision
C. Executive Order
D. Opinion of the general counsel

The correct answer is B. All administrative remedies must be exhausted before
an order can be appealed to federal court. This occurs after a cease and
desist order is reviewed by the Agency Commissioners.

2.3 The first appeal of an administrative cease and desist order is heard by:

A. The President
B. The Commissioners
C. A Circuit Court
D. The Supreme Court

A. The commissioners

2.4 Which of the followong is not a valid basis for appeal from a decision of an administrative agency?

A. The agency exceeded its legislative grant of authority.
B. The proceedings were unfair.
C. The order violated the commercial speech doctrine.
D. The agency interpreted the facts incorrectly.

D. A court will not reconsider the ALJ's determination of facts.

2.5 Which of the following does not belong?

A. Corporate officers
B. Purpose of the corporatioin
C. Name of the corporation
D. Tax rate of the corporation

The correct answer is D. The other choices are things that are included in the
articles of incorporation.

2.6 An FTC commissioner serves a term of:

A. 6 months
B. 1 year
C. 5 years
D. 4 years

2.7 Which of the following does not belong?

A. Sole Entrepreneurship
B. Partnership
C. Corporation
D. Hybrid

The correct answer is A. All of the others are examples of organizations. Prof.
Reed explained that a sole entrepreneurship is not an organization.

2.8 Harry is employed by Rid-A-Bug and drives a Rid-A-Bug truck while working.
While in the Rid-A-Bug truck, Harry rear-ends Murphy at a light. Which
sentence best describes the likely liablity to Murphy as a result of the
collision?

A. Harry is liable to Murphy.
B. Harry and Rid-A-Bug are liable to Murphy.
C. Rid-A-Bug is liable to Murphy.
D. Neither Harry or Rid-A-Bug is liable to Murphy.

B is the correct answer. Employees are always liable for what they do
personally. However, Rid-A-Bug is also liable to Murphy because the accident
occured within the scope of Harry's employment with Rid-A-Bug.

2.9 Which of the following business organizations provides for the maximum protection from liability for all owners?

A. Partnership
B. Limited Liability Partnership
C. Limited Partnership
D. Corporation

2.10 Proxies are important because:

A. They ensure that a majority of shares will be presented at the annual
meeting.
B. They ensure that an annual meeting occurs.
C. They expose any corporate fraud.
D. They facilitate stock sales.

2.11 Which of the following is true of an S corporation?

A. S corps can only be set up to accept passive income
B. S corps have the same shareholder limits as C corps
C. S corps cannot accumulate earnings on a tax-free basis
D. S corps pay double tax

2.12 Fred and Frank own a joint shipbuilding operation. They have never made aformal agreement about the ownership of the company, but they split the profits 70/30. Upon Frank's death, which of the following is true?

A. Fred gets all of the companies current profits.
B. Fred gets the company as a sole proprieter.
C. Fred and Frank's partnership terminates.
D. Fred can buy all of Frank's shares in the company.

2.13 Which of these is not an objective of the small, closely-held corporation?

A. to minimize liability
B. to maximize profits
C. to maximize revenue
D. to minimize profits

B. A small corporation should minimize profits, which are the revenues less expenses of the corporation and which the corporation will be taxed upon. (generally)

2.14 Which of the following is not an element of the tort of battery?

A. intentional
B. touching
C. immediate apprehension
D. offensive

C is the correct answer. This is an element in assault.

2.15 The function of a tort claim is(select the best answer)

A. to punish
B. to prevent wrongful transfer of property
C. to compensate persons for damages to property in which they have an
interest
D. to make the defendant apologize

C is the correct answer.

2.16 Your son is a member of a local rock band. The band practices in your basement
two to three times per week. A neighbor has complained to you several times
about the noise. The neighbor eventually reports you to the homeowners
association. The association investigates and assesses a fine and a warning.
The next time the band practices the neighbor comes over to complain to you.
You slam the door and then file a complaint against her for criminal trespass.
What claim is the neighbor likely to file against you?

A. assault
B. invasion of privacy
C. malicious prosecution
D. battery

C is the answer.

2.17 Which of the following would most likely have a more difficult time proving a
defamation claim?

A. your parents' CPA
B. manager of the local supermarket
C. your legal studies professor
D. a US Senator

D. Although there are few bad things you could say about Professor Reed for which truth would not be an absolute defense.

2.18 Which of the following punishments is not available for a misdemeanor conviction?

A.    $500 fine
B.    $5000 fine
C.    3 months imprisonment
D.    6 months imprisonment

B. The maximum penalties for a misdemeanor are less than $1000 fine and less than 1 year imprisonment.

2.19 Which of the following statements is true?

A.    A grand jury verdict is called an indictment?
B.    Grand juries may return a verdict of nolo contendere
C.    A petit jury must have at least twelve members.
A.    A petit jury decides whether a criminal case goes to trial.

Which of the following is not associated with the Sherman Act

A.    Monopolization
B.    Per se unreasonableness
C.    Secondary Line Price Discrimination
D.    Price Fixing

2.21 Kate Spade refuses to sell its handbags to any retailer caught reselling those handbags for less than Kate Spade's suggested retail price. Which of the following statements is true regarding this arrangement?

A.    Spade is guilty of a per se violation of section 1 of the Sherman Act.
B.    If Spade's actions an unreasonable restraint of trade, she could be found guilty of violation section 1 of the Sherman Act
C.    Spade has not violated any law.
D.    Spade may assert a defense under the Parker v. Brown Doctrine.

Answer: C. Under the Colgate Doctrine, a unilateral refusal to deal is not an Antitrust violation because it involves no "contract, combination, or conspiracy."

2.22 Heinz ketchup takes pride in their product being thicker than the competitor's. In a commercial, Heinz ketchup and a competitor's ketchup are placed on a flat surface which is then turned vertical so that gravity begins to pull on the two. Heinz ketchup does not run like the competitor's because it is not as watery. The camera then cuts back to show the competitor's ketchup to be Hunt's ketchup. If Hunt's ketchup sues Heinz for trademark infringement, what will be the likely result? (Select the most correct answer).

A.    Hunt's willl win the suit because Heinz has celarly infringed on Hunt's trademark.
B.    Hunt's will probably lose the suit because their mark is not distinctive.
C.    Hunt's will not win the suit because the use of a rival's trademark in comparative advertising is fair use, which is a
        defense to tradmark infringement.
D.    This question raises not issues regarding trademark infringement, as the only issue raised is whether Hunt's has a valid
        patent.

Answer: C. Courts have been explicit that such use is "fair use." (textbook page 263)

2.23 Select the incorrect statement regarding the sixth amendment right to counsel.

A.    The state must appoint counsel for a criminal defendant who cannot afford an attorney.
B.    Anytime you are arrested you are entitled to have your attorney present during police questioning, not merely during the
        trial stage of the case.
C.    It makes no difference whether the person being questioned is the subject of an investigation or merely a possible witness
        who is not the subject of a police investigation, both must be read their Miranda rights which includes informing
        the persons of their right to counsel.
D.    The state does not have to appoint counsel for a civil defendant.

Answer: C. Though the Miranda rights do include informing persons of their right to counsel, police do not have to read the Miranda rights to a witness who is not the subject of the investigation. (discussed in class)

Test 3

Not yet available