Posted: January 17th, 2023

devry law310 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
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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