Posted: January 17th, 2023

Devry Laws310 final exam

Page 1

Question 1.1.(TCO 1) The court resolves disputes by (Points : 3)

making new laws to meet the situation.
asking the legislature to make a new law to meet the
situation.
applying existing constitutional, statutory, and case
law to the situation.
applying only existing case law or precedent to the
situation.
None of the above

Question 2.2.(TCOs 3, 5, and 6) Punitive damages are also known as (Points : 3)

special damages.
medical damages.
personal damages.
exemplary damages.
extraordinary damages.

Question 3.3.(TCOs 3, 5, and 6) The Uniform Commercial Code
controls (Points : 3)

contracts for the sale of goods.
contracts involving interstate commerce.
contracts involving banks.
contracts for the sale of real property.
None of the above

Question 4.4.(TCOs 10 & 11) If a defendant makes a claim
against a co-defendant in federal court, it is known as a (Points : 3)

counterclaim.
cross-claim.
third-party action.
cross complaint.
demurrer.

Question 5.5.(TCOs 1 & 2) Crimes can be committed against (Points : 3)

property.
persons.
the public.
B and C.
all of the above

Question 6.6.(TCOs 1 & 2) The warrant is intended to protect
persons from (Points : 3)

overeager law enforcement behavior.
bad informants.
exigent circumstances.
All of the above
None of the above

Question 7.7.(TCOs 1 & 2) Juries in criminal cases must render
a unanimous verdict because (Points
: 3)

the Constitution requires it.
a person’s liberty is at stake.
juries are in the best position to decide if someone is
guilty.
Both a and b
None of the above

Question 8.8.(TCOs 3, 5, & 6) Which of the following indicates
a non-ownership interest in real property? (Points
: 3)

Mortgage
Deed of trust
Lien
Lease
All of the above

Question 9.9.(TCOs 3, 5, & 6) Corporations are formed by filing
which document with the secretary of state? (Points
: 3)

Bylaws
Articles of incorporation
Stock permit
Partnership agreement
Shareholder agreement

Question 10.10.(TCOs 1 & 2) Criminal defendants are not required
to present evidence unless they claim _____. (Points : 3)

self-defense
insanity
intoxication
Both A & B
None of the above

Question 11.11.(TCOs 8 & 11) Relevant facts are sometimes called (Points : 5)

key facts.
focus facts.
explanatory facts.
important.
precedent.

Question 12.12.(TCOs 8 & 11) Before comparing your facts and
issues with case law, it is important that you properly identify (Points : 5)

important precedent.
facts and issues in your client’s situation.
judicial history.
the question presented.
explanatory facts.

Question 13.13.(TCOs 8 & 11) The thesis paragraph should not (Points : 5)

set forth the client’s problem.
state the legal issue.
explain in detail the legal rules governing the issues.
state the legal conclusions.
None of the above

Question 14.14.(TCOs 8 & 11) “The actions were quickly regretted
by her” is an example of (Points
: 5)

active voice.
passive voice.
use of unnecessary words.
ambiguous terms.
None of the above

Question 15.15.(TCOs 8 & 11) Consumer protection legislation (Points : 5)

was developed largely as a response to marketing
practices and changes in technology.
was developed as a result of consumer pressure for laws
regulating manufacturers.
was developed as a result of pressure by manufacturers
for regulation.
is a right guaranteed under the U.S. Constitution.
None of the above

Question 16.16.(TCOs 8 & 11) The government has an interest in
ensuring that safe products are sold because (Points : 5)

it ensures that manufacturers produce goods which are
defect-free.
the consumer gets a higher-quality product.
it expects that manufacturers produce goods so that they
perform as expected.
All of the above
None of the above

Question 17.17.(TCOs 8 & 11) Some secondary sources are referred
to as (Points : 5)

annotations.
dictionaries.
finding tools.
research manuals.
indexes.

Question 18.18.(TCO 7)Works
that may be copyrighted could include: (Points
: 5)

Paintings
musical composition
choreography
None
of the above
All
of the above

Question 19.19.(TCOs 10 & 11) The case brief is often the first
step in preparing a formal written analysis, often called (Points : 5)

a legal memorandum.
precedent.
stare decisis.
case report.
None of the above

Question 20.20.(TCO 3)
If an employee is driving a company van and runs a red light causing
serious injury to the other driver, the employer could be held liable
under what theory?(Points :
5)

Contributory negligence
respondeat superior
res ipsa loquitur
all of the above
None of the above

Question 21.21.(TCOs 4, 9, & 11)A defense to copyright infringement could include: (Points : 5)

Contributory negligence
fair use
the material is not on the internet
All of the above
None of the above

Question 22.22.(TCOs 10 & 11) The law will not allow a person to
escape liability for dangerous activities by simply (Points : 5)

leaving the state.
hiring an independent contractor to perform for them.
declaring bankruptcy.
changing his or her procedures after an injury has
occurred.
declaring that the injured person assumed the risk.

Question 23.23.(TCOs 3, 5, & 6) An advantage of a corporation is (Points : 5)

limited liability for the owners.
unlimited life of the corporation.
ease of transferability of ownership interests.
All are advantages of a corporation.

Question 24.24.(TCOs 10 & 11) Which of the following frequently
offer arbitration services? (Points
: 5)

Private judges
The court
The American Arbitration Association
None of the above
All of the above

Question 25.25.(TCOs 4, 9, and 11) How does the use of trademarks
influence consumer behavior? Name a trademark or service mark with which
you are most familiar and why you use this product. (Points : 10)

Question 26.26.(TCO 7)First Amendment protection includes words and
actions. However, the First Amendment protection is not
absolute. Provide an example of protected symbolic speech. Provide
an example of First Amendment speech that is not protected. (Points : 10)

Question 27.27.(TCO 7) How does the Internet create challenges in
protecting a copyright? (Points
: 10)

Question 28.28.(TCOs 8 & 11) What is the best way to use a legal
encyclopedia when conducting legal research? (Points
: 10)

Question 29.29.(TCOs 1 & 2) How does the plaintiff in a civil case
differ from a plaintiff in a civil case? (Points
: 10)

Question 30.30.(TCO 1) What is meant by the term bicameral legislature? (Points : 10)

Question 31.31.(TCOs 3, 5, & 6) What are the two major defenses to
intentional torts? Provide an example of the defense in operation. (Points : 10)

Question 32.32.(TCO 7)Before a court can resolve a legal dispute, the court
must have jurisdiction. What are the the components of
jurisdiction and how are they defined? (Points
: 20)

Question 33.33.(TCO 1) If you are presented with a legal issue for
analysis, what are the steps you can take to find out how to resolve that
issue? What would be the resources you would use and how would you go about
finding those resources?(Points :
20)

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