Law
Statutes, cases, state and federal constitutions and regulations are all authoritative sources and types of law.
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In a civil case, the plaintiff is the party (individual or group) who responds to a case filed by another.
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A case has only one function, to decide a particular controversy between parties.
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Regulations are used to enforce a statute and are generally more specific than the statute.
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A “brief”, for law school purposes, is an organized, written summary of the IMPORTANT elements of a published case.
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In the 20th century, statutory law declined and common law became much more IMPORTANT.
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In a civil law system such a France, judicial decisions in cases do not become precedents and cases do not accumulate into case law.
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Appellate courts normally decide facts that are in conflict such as the credibility of witnesses.
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Res judicata is a doctrine which is strictly applied by the courts.
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The doctrine of stare decisis is the principle reason published cases are considered important.
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Laws and judicial decisions — in spite of well-known exceptions — have tangible social consequences that otherwise probably would not occur.
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The protection of the citizen against excessive or unfair government power is not mandated by the United States Constitution.
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Law is limited in that it dare not get too far away from popular attitudes, habits, and ideals in the various situations that arise in everyday life.
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The concept of jury “nullification” is never a factor in the United States legal system.
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The law tends to deal rather leniently with some kinds of criminal conduct that are impelled by a sense of overwhelming necessity.
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Both federal and state judges are appointed and have life tenure (i.e., “during good behavior”).
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An initial difference to observe between the powers of Congress and those of state legislatures is that Congress can exercise only the powers enumerated in the
Constitution.
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Congress has reduced the scope of executive (presidential) power in the last century.
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The President requires the consent of the House of Representatives in making appointments to the United States Supreme Court.
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The Supreme Court prefers to review matters which are deemed “political” rather than “judicial.”
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False
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Which of the following are the two annotated federal codes?
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a. U.S.C.A. and U.S.A.A.
b. U.S.C.A. and U.S.C.S.
c. U.S.C.S. and C.F.R.
d. U.S.A.A. and F.C.A.
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Which of the following is the official reporter for the United State Supreme Court?
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a. United States Law Week
b. Supreme Court Reporter
c. United States Reports
d. United States Supreme Court Reports, Lawyers Edition
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What is the Supreme Law of the United States?
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a. United States Code Annotated
b. United States Code Service
c. Code of Federal Regulations
d. The United States Constitution
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What are the four parts of the I.R.A.C. approach to legal analysis?
Select one:
a. Issue, Regulation, Application, Conclusion
b. Issue, Rule, Analysis, Court Decision
c. Issue, Reasoning, Application, Court Decision
d. Issue, Rule, Analysis, Conclusion
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Which of the following is a citation verification system?
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a. Lexis Nexis
b. Westlaw
c. Shepard’s Citations
d. West’s Lexcite
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The Tenth Circuit Court of Appeals hears cases arising out of which of the following states?
Select one:
a. Colorado
b. Iowa
c. Ohio
d. New York
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Which of the following are considered Secondary Sources of legal authority?
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a. Statutes
b. American Law Reports
c. Federal Regulations
d. California Constitution
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Federal Regulations are first published in which of the following?
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a. Federal Register
b. Code of Regulations
c. United States Regulatory Service
d. The Congressional Record
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Referencing a case in a Memorandum of Points and Authorities is called a _______?
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a. Nexis
b. Reporter
c. Treatise
d. Citation
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The case of Griswold v. Connecticut 381 U.S. 479 (1965) dealt with the Constitutional right to _______?
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a. Keep and bear arms
b. Burn the flag
c. Privacy
d. Protest the war
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Municipal ordinances are laws passed by what level of government?
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a. Congress
b. States legislatures
c. Cities
d. State Agencies
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Which of the following is not part of the California State Court System?
Select one:
a. Municipal Courts
b. Superior Courts
c. Small Claims Courts
d. Supreme Court
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Which of the following is not part of the Honigsberg style of case briefing?
Select one:
a. Facts
b. Issue
c. Reasoning
d. Conclusion
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Which of the following is used to support a motion before the court?
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a. Memorandum of Points and Authorities
b. Case brief
c. Complaint
d. Client letter
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The rules that are created by a federal agency such as the Environmental Protection Agency are called
Select one:
a. Legislation
b. Statutes
c. Regulations
d. Codites
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The Common Law System originated in what country?
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a. France
b. The United States
c. England
d. China
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What does “stare decisis” mean?
Select one:
a. Supreme Court
b. Supreme Determination
c. Stand by the decision
d. Midnight Ruling
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Which Circuit of the Federal Court of Appeals has jurisdiction over matters arising in California
Select one:
a. First
b. Fifth
c. Seventh
d. Ninth
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The Federal Register is published how often?
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a. Daily
b. Weekly
c. Monthly
d. Yearly
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The Holding of a Case BRIEF answers the question posed by what other part of a Case Brief
Select one:
a. Facts
b. Issue
c. Judicial History
d. Citation
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Certification of Student
By submitting this final examination you declare that you are the person who executed the foregoing Certification of Student, which execution is your act and deed.
Please enter the date you read the Student Handbook.
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