The following True/False and Multiple Choice questions cover the material introduced in Chapters 1-2; 4, 6, and 7-8. Each question is worth two (2) points. Please indicate (T) for True or (F) for False for the True/False Statements. For Multiple Choice, please select the letter that corresponds to the best response. There are 50 questions in this section. This section is worth 50 points. A. LEGAL SYTSTEM, COURTS, AND LEGISLATION 1. All but which of the following are examples of special courts in the federal system: a. U.S. Tax Court b. U.S. Bankruptcy Court c. U.S. Court of Federal Claims d. Pierce County Superior Court e. U.S. Court of Appeals for the Armed Forces 2. Which of the following statements IS NOT true as it relates to the authority of the U.S. Supreme Court? a. The U.S. Supreme Court is the final authority on all matters of federal jurisdiction. b. The primary function of the Supreme Court is one of review. c. The key element in the Supreme Court’s authority is that a federal issue must be at stake, either in the form of the parties (diversity jurisdiction) or in the constitutionality of a state or federal law. d. Every case may be submitted to the United States Supreme Court for review. e. All of the above statements are true. 3. Judicial review refers to the system by which each branch of government can use its specially designated powers to make sure the other branches act within their constitutionally prescribed limits. 4. The principle of stare decisis precludes the court from correcting erroneous decisions that were previously issued. B. INTRODUCTION TO CIVIL PROCEDURE (LECTURE) 5. The party responding to a civil action has the initial burden of proof. 6. Equity law is the body of law developed by the courts that serves as precedent for the determination of later controversies. 7. Quasi-in-rem jurisdiction refers to the ability of a court to exercise jurisdiction over a person involved in litigation in the state in which the court is situated. 8. Subject matter jurisdiction refers to the authority of a particular court to hear a matter. If the court does not have proper subject matter jurisdiction, the judgment rendered is void. 9. Where there is diversity of the parties and the amount in controversy exceeds $75,000, the plaintiff may file his action in state court and only upon agreement of the other party, can it be removed to federal court. 10.Under the due process clause, a Washington court may not assert personal jurisdiction over a person unless: a. The person is given adequate notice b. The person is given an opportunity to be heard c. The person has had “minimum contacts” with the forum state d. A, B, & C e. A & B 11.The doctrine of preemption precludes states from making laws on matters for which another state has already created regulations. 12.Which of the following is a remedy that can be obtained from a court of equity? a. A maxim b. Specific performance c ...

1. The following True/False and Multiple Choice questions cover
the material introduced in Chapters 1-2; 4, 6, and 7-8. Each
question is worth two (2) points. Please indicate (T) for True or
(F) for False for the True/False Statements. For Multiple
Choice, please select the letter that corresponds to the best
response. There are 50 questions in this section. This section is
worth 50 points.
A. LEGAL SYTSTEM, COURTS, AND LEGISLATION
1. All but which of the following are examples of special courts
in the federal system: a. U.S. Tax Court
b. U.S. Bankruptcy Court
c. U.S. Court of Federal Claims
d. Pierce County Superior Court
e. U.S. Court of Appeals for the Armed Forces
2. Which of the following statements IS NOT true as it relates
to the authority of the U.S. Supreme Court? a. The U.S.
Supreme Court is the final authority on all matters of federal
jurisdiction.
b. The primary function of the Supreme Court is one of review.
c. The key element in the Supreme Court’s authority is that a
federal issue must be at stake, either in the form of the parties
(diversity jurisdiction) or in the constitutionality of a state or
federal law.
d. Every case may be submitted to the United States Supreme
Court for review.

2. e. All of the above statements are true.
3. Judicial review refers to the system by which each branch of
government can use its specially designated powers to make
sure the other branches act within their constitutionally
prescribed limits.
4. The principle of stare decisis precludes the court from
correcting erroneous decisions that were previously issued.
B. INTRODUCTION TO CIVIL PROCEDURE (LECTURE)
5. The party responding to a civil action has the initial burden
of proof.
6. Equity law is the body of law developed by the courts that
serves as precedent for the determination of later controversies.
7. Quasi-in-rem jurisdiction refers to the ability of a court to
exercise jurisdiction over a person involved in litigation in the
state in which the court is situated.
8. Subject matter jurisdiction refers to the authority of a
particular court to hear a matter. If the court does not have
proper subject matter jurisdiction, the judgment rendered is
void.
9. Where there is diversity of the parties and the amount in
controversy exceeds $75,000, the plaintiff may file his action in
state court and only upon agreement of the other party, can it be
removed to federal court.
10.Under the due process clause, a Washington court may not
assert personal jurisdiction over a person unless:
a. The person is given adequate notice

3. b. The person is given an opportunity to be heard
c. The person has had “minimum contacts” with the forum state
d. A, B, & C
e. A & B
11.The doctrine of preemption precludes states from making
laws on matters for which another state has already created
regulations.
12.Which of the following is a remedy that can be obtained
from a court of equity?
a. A maxim
b. Specific performance
c. Money damages
d. Stare decisis
C. TORTS
13.The necessary elements of actionable negligence are: duty to
exercise reasonable care; breach of duty to exercise reasonable
care; foreseeable damages proximately caused by breach of duty
to exercise reasonable care; and damages.
14.An independent intervening cause is a defense to the tort of
negligence, if it is an unforeseeable cause, rather than a
foreseeable event.
15.Strict liability in tort imposes liability without requiring any
proof of lack of due care.

4. 16.Battery is the tort of intentionally causing fear or
apprehension of offensive or harmful contact in another person.
17.Libel and slander are both forms of defamation. Libel is
defamation expressed orally, while slander is defamation
expressed in writing or pictorially.
18.A licensee is a person invited upon the land as a member of
the public or for a business purpose.
19.A trespasser is a person who enters or remains upon the land
of another without permission or privilege to do so. Such
individuals are entitled the same standard of care as invitees.
20.Res Ispa Loquitor refers to the direct evidence that the
defendant’s conduct caused the alleged harm.
D. CRIMINAL LAW
21. Corporations may not be held criminally liable.
22. In the movie My Cousin Vinny, the officers appropriately
advised the defendants of their Miranda rights.
23.If Gene mistakenly hits Audrey with his truck and kills her,
when he intended to hit and kill Cerise, his intent to kill Cerise
is transferred to Audrey, regardless of whether he even knew
Audrey, for the purpose of fulfilling the mental element of the
crime.
24.Driving under the influence is a crime while a person drives
a vehicle under the influence of intoxicating liquor, marijuana,
or any drug. A person is considered under the influence when
the alcohol concentration is 0.02 or higher in his/her body
within two hours of driving.

5. 25.Misdemeanors are less serious crimes than felonies and
punishable by a fine or imprisonment in a local jail.
26.The same conduct cannot be both a crime and a tort, which is
a civil wrong.
27. Under the United States legal system, guilt is never
presumed by the court.
28.The Fifth Amendment would protect a defendant from having
to give blood samples to the prosecution since it would be a
form of self-incrimination as interpreted by the courts.
29.Bill has had a problem with vandalism at his business, so he
rigs up a spring gun at the entryway to his store, so that any
after-hours intruder will be shot upon entry. Bill may legally
use this deadly force to protect his business.
30. An officer may conduct a search of a person if that person
looks suspicious.
31. The defendant must testify in a criminal proceeding.
32. The Fifth Amendment protects all individuals against
unreasonable searches and seizures.
33. The Sixth Amendment protects persons against self-
incrimination, double jeopardy, and being charged with a
capital offense except by grand jury indictment.
34.Which one of the following IS NOT true of a criminal case?
a.
Criminal cases are brought by the government, not by an
individual.
b.

6. In a criminal case, the defendant is presumed guilty until proven
innocent.
c.
A criminal conviction may result in jail and fines.
d.
A criminal case requires a higher burden of proof.
35.Which of the following constitutes computer crime?
a. Theft or vandalism of computer hardware, software, or
secrets.
b. Distributing child pornography via computer.
c. Implanting a malicious code.
d. All of the above.
36. The fraudulent conversion of another's property by one in
lawful possession of it is:
a. robbery.
b. theft.
c. larceny.
d. embezzlement.

7. 37. The defense of entrapment arises when:
b. a law enforcement official induces a person to commit a
crime the person was already thinking about committing.
d. any person induces any other person to commit a crime when
the person induced would not ordinarily have done so.
f. a police officer or other government official or agent acts to
induce an individual to commit a crime when that individual
would not ordinarily have done so.
h. law enforcement officials act aggressively to prevent a crime.
E. CONSTITUTIONAL LAW
38.Action taken by private citizens may constitute state action
if the state has encouraged the challenged private action.
39. The federal government's authority to govern economic
matters flows from the Commerce Clause.
40.The Supreme Court has defined the scope of the Commerce
Clause narrowly and, therefore, has restricted the powers of the
federal government to regulate business.
41.The Commerce Clause allows the federal government to
invalidate state laws that burden interstate commerce.
42.The First Amendment allows free speech in any and all
circumstances.
43.The Minnesota Housing Authority plans to begin eminent

8. domain proceedings to acquire 100 homes to rent to low-income
persons. The Housing Authority wants to pay as little as
possible for the homes so that it can acquire more homes in the
future, but the homeowners insist they are entitled to the fair
market value of the property. In a court hearing on the matter,
the homeowners are likely to prevail.
44.The Wyeth v. Levine case illustrates the point that when
Congress has not intended to displace all state legislation,
nonconflicting state legislation is permitted.
45.The Bill of Rights restricts the power and authority of the
federal government.
46. “Commercial speech" includes:
a. expressions related to the economic interests of the speaker
and her audience.
b. speech proposing commercial transactions.
c. advertisements for a service.
d. All of the above.
47.The main purpose of the Bill of Rights was to:
a. enumerate all of the rights of U.S. citizens.
b. list the powers of the federal government.
c. provide for restrictions on the power of the federal
government.
d. provide limitations on the powers of individuals.

9. 48.The states may enact legislation concerning a subject in
which there is a federal statute if:
a. Congress has not clearly indicated that it intends to
control that subject matter.
b. the states petition the Supreme Court for permission.
c. the state legislation falls within the "necessary and
proper" clause.
d. the states reserve the right at the time the federal statute
is enacted.
49. All but which of the following classifications are deemed to
be suspect classifications subject to the strict scrutiny analysis:
a. race
b. national origin
c. ethnicity
d. Legitimacy
50. If a law falls under the rational basis test, which of the
following statements are true:
a. The state carries the burden of proof.
b. The plaintiff carries the burden of proof.

10. c. The regulation is presumed valid.
d. The regulation is presumed to be invalid.
e. A and C.
f. B and C.