Devry law midterm exam

| March 14, 2016

Question
Page 1

Question 1. 1.(TCOs 1 & 2) The statute of limitations for damages resulting from an automobile accident is an example of(Points : 5)

civil substantive law.

civil procedural law.

criminal substantive law.

criminal procedural law.

None of the above

Question 2. 2.(TCO 1) Another term for stare decisisis: (Points : 5)

precedent.

common law.

statutory law.

initiative.

referendum.

Question 3. 3.(TCO 1) Which right is not protected by the First Amendment? (Points : 5)

Freedom of religion

Freedom of press

Freedom of assembly

Freedom from unreasonable searches

None of the above

Question 4. 4.(TCO 1) State support for religious schools(Points : 5)

a: is allowable as long as the money is not used for religious purposes.

b: is unconstitutional because of the entanglement of church and state.

c: is unconstitutional because it violates the Free Exercise Clause.

Both b and c

None of the above

Question 5. 5.(TCO 1) When we study the law, that can include: (Points : 5)

statutes.

ordinances.

agency regulations.

All of the above

None of the above

Question 6. 6.(TCOs 1 & 2) Which of the following is not a purpose of criminal law? (Points : 5)

Deterrence

Retribution

Incapacitation

Rehabilitation

Mens rea

Question 7. 7.(TCOs 3, 5, and 6) Res ipsa loquitur means (Points : 5)

breach of duty.

causation.

the thing speaks for itself.

it is proven.

a reasonably prudent person.

Question 8. 8.(TCOs 3, 5, and 6) Which of the following is not a defense to negligence? (Points : 5)

Assumption of the risk

Contributory negligence

Comparative negligence

Immunity

Self-defense

Question 9. 9.(TCOs 3, 5, and 6) A non-profit corporation (Points : 5)

cannot generate any income.

always has tax-exempt status.

cannot distribute any profit to its members.

Both b and c

All of the above

Question 10. 10.(TCOs 10 & 11) 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 (Points : 5)

arbitration.

mediation.

negotiation.

mini-trial.

early neutral evaluation.

Question 11. 11.(TCOs 1 & 2) What type of factors influence the laws and legal system of a given country? (Points : 10)

Question 12. 12.(TCO 1) In what ways are the powers of the federal government and the state government concurrent? (Points : 10)

Question 13. 13.(TCOs 1 & 2) What are the rights afforded a criminal defendant pursuant to due process? (Points : 10)

Question 14. 14.(TCO 1) What clause of the Constitution was used to enable Congress to pass the Civil Rights Act of 1964, and why did they use this clause? (Points : 10)

Question 15. 15.(TCOs 3, 5, & 6) What would the remedies be to a person who suffers a tortious act? (Points : 10)

Question 16. 16.(TCOs 3, 5, & 6) Intellectual property refers to what type of property? Provide an example of each. (Points : 10)

Question 17. 17.(TCO 1) What is stare decicisand what is its application in the American legal system?(Points : 20)

Question 18. 18.(TCOs 10 & 11) What are the types of discovery that parties may use in a civil lawsuit? Provide examples of each type of discovery and how it could be helpful to a party’s case? Why is the same type of discovery not allowed in criminal cases? (Points : 20)

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