BLAW Test #1

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1. Appellate courts: B. do not hear testimony 9. A criminal prosecution alleging insider trading in B.
from witnesses a violation of the securities and exchange act of federal
A. hear sworn testimony from 1934 will be tried in: district
witnesses court
A. state court
B. do not hear testimony from
witnesses B. federal district court
2. An arbitration: C. may be conducted
C. the U.S. congress
before a single
A. must be conducted before a arbitrator 10. Currently, the only exception to the statutes of C.
single arbitrator limitation for criminal prosecutions is: murder

B. can only be conducted before a A. embezzlement

panel of at least 3 arbitrators
B. burglary
C. may be conducted before a
single arbitrator or a panel C. murder

D. none of the above D. theft

3. Common law is based on : A. precedent 11. A deposition: D. both
a and b
A. precedent A. a form of pre-trial discovery

B. jury verdicts B. is sworn testimony before a court reporter

prior to trial
C. general election
C. neither a or b
4. Common law results from: B. appellate court
decisions
D. both a and b
A. legislation
12. A due process clause is in: C. both
B. appellate court decisions a and b
A. 5th amendment to U.S. constitutions
C. decisions of administrative
agencies B. the 14th amendment to the U.S. constitution

D. all of the above C. both a and b

5. A corporation cannot be guilty of F
D. none of the above
a crime. T/F
13. Ethical standards provide underpinning for rules T
6. Corporations have no right to F
of law. T/F
freedom of speech. T/F
14. Ethical under pinnings are found in: D. all of
7. A courts jurisdiction over a person A. in personam
the
is referred to as: jurisdiction
A. evidence law above
A. in personam jurisdiction
B. contract law
B. in rem jurisdiction
C. tort law
8. A courts jurisdiction over property B. in rem jurisdiction
is referred to as: D. all of the above

A. in personam jurisdiction

B. in rem jurisdiction
15. An example of a federal question is: C. both a and b 20. If the state of Colorado has a speed C. Colorado has
limit of 70 mph for Colorado residents, violated the
A. any case involving a breach of but a speed limit of 55 mph for Texas privileges and
contract residents, what is the issue of involving immunities clause
the U.S. constitution?
B. any tort case
A. Colorado violated interstate
C. a due process issue under the fifth commerce clause
amendment to the U.S. constitution
B. Colorado has violated the 5th
D. none of the above amendment prohibiting against self
incriminaton
16. The first amendment of the B. freedom of
constitution contains which of the speech, religion,
C. Colorado has violated the privileges
following protections? press, assembly, and
and immunities clause
petition
A. against self incrimination
D. none of the above
B. freedom of speech, religion, press, 21. In a criminal case: B. the state has
assembly, and petition the burden of
A. defendant has the burden to proving the
C. against unreasonable searches and establish his or her innocence defendant's guilt
seizures beyond a
B. the state has the burden of proving reasonable doubt
D. assurance of legal counsel in a the defendant's guilt beyond a
criminal prosecution reasonable doubt
17. Freedom of speech cases generally T
C. the state has the burden of proving
distinguish between commercial and
the defendant's guilt by a
non-commercial messages. T/F
preponderance of evidence
18. Generally, the parties are bound to B. if they have
arbitrate a case: contractually D. both a and b
agreed to do so
22. In a jury trial, questions of law are A. the judge
A. in all instances, under the
decided:
constitution

A. the judge
B. if they have contractually agreed
to do so
B. the jury
19. If criminal profits are reported as a C. money
restaurants income, such conduct is laundering C. both a and b
called:
D. none of the above
A. food poisoning
23. In arbitration: B. the arbitrator
makes a decision
B. theft
A. the parties negotiate an agreed on merits
settlement
C. money laundering

B. the arbitrator makes a decision on

D. none of the above
merits

C. is the same as litigation in a court of

law
24. Injury trials questions of fact
are decided by:
A. the judge
B. the jury
C. both a and b
D. none of the above
25. In mediation:
A. the final result is based on
agreement for failure to
agree by the parties
B. the mediator makes a
decision on the merit which is
binding
C. the parties cannot mediate
unless ordered to do so by a
court
26. In Texas and in many states:
A. a court may order parties
and their attorneys to try
mediation before a case is
tried
B. a court will always prohibit
parties and their attorneys
from trying mediation
C. a court may order parties
and their attorneys to settle a
case at mediation
D. none of the above
27. In the United States
constitution, the Bill of rights
is found in:
A. article I section 8
B. article II
C. the first ten amendments
B. the jury 28.
A. the final result is based on
agreement for failure to
agree by the parties
A. a court may order parties
and their attorneys to try
mediation before a case is
tried
29.
30.
C. the first ten amendments
31.
In which of the following B. Billy Bubba Hawkins, a
situations will a state trial Texas resident, plaintiff vs.
court and a federal trial court XYZ Corporation, a
have concurrent jurisdiction? corporation organized in
New Mexico, defendant,
A. Billy Bubba Hawkins, a and ABC Corporation, a
Texas resident, plaintiff vs. corporation organized in
XYZ Corporation, a Louisiana, defendant. The
corporation organized in New suit is for breach of contract
Mexico, defendant. The suit is where the money damages
for breach of contract where sought are $150,000.00
the money damages sought
are in $150,000.00
B. Billy Bubba Hawkins, a
Texas resident, plaintiff vs.
XYZ Corporation, a
corporation organized in New
Mexico, defendant, and ABC
Corporation, a corporation
organized in Louisiana,
defendant. The suit is for
breach of contract where the
money damages sought are
$150,000.00
C. both a and b
D. none of the above
A mistake of fact will operate T
as a defense if it negates
criminal intent. T/F
Modern day rules of B. common law
evidence had their
beginnings in:
A. legislatures
B. common law
C. agreements in early
contracts
Most crimes involve which of C. both a and b
the following acts?
A. guilty act
B. criminal intent
C. both a and b
D. none of the above
32. Plaintiffs theory of recovery, the party with A. plaintiff 37. Rubber baby buggy bumpers inc. is a B. Texas,
the burden of proof on each element? corporation which has organized in the state New Mexico,
of New Mexico. It also does business in and
A. plaintiff Texas and Louisiana although all of its Louisiana
officers and directors reside in Colorado,
B. defendent where the corporation does not do business.
-In what states will courts have jurisdiction
C. both of the above for the purposes of litigation against Rubber
Baby Buggy Bumpers inc?
D. none of the above
A. Texas and Louisiana
33. The power of a courts to hear and decide a B.
case is in referenced as: jurisdiction
B. Texas, New Mexico, and Louisiana
A. venue
C. New Mexico, Texas, Louisiana and
Colorado
B. jurisdiction

D. New Mexico only

C. legislation
38. Service of citation on a defendant is an B.
D. executive discretion example of: constitutional
due process
34. The power of judicial review enables the C. both a
A. equal protection of the law under the 14th
judicial branch to: and b
amendment to the constitution
A. act as a check on the legislative branch of
B. constitutional due process
gov

C. a dismissal of a lawsuit
B. act as a check on the executive branch of
gov
D. the defendants answer to the plaintiffs
pleadings
C. both a and b
39. Statutory law results from: C. legislation
D. enact legislation in emergency situations
A. decisions of administrative agency
35. The provision in the U.S. constitution which C. interstate
has a greater impact on business than any commerce
B. appellate court decisions
other constitutional provison is: clause

C. legislation
A. 5th amendment

D. all of the above

B. 1st amendment
40. The "Supreme law of the land" is: B. the United
C. interstate commerce clause States
A. legislative statements by state consitution
D. none of the above legislatures
36. Requests for production: A. are a
B. the United States consitution
form of
A. are a form of pretrial discovery pretrial 41. Transfer by debtor in bankruptcy to favored A. can
discovery parties of fraudulent conceals property: amount to
B. is a form of oral deposition commission
A. can amount to commission
C. are never used prior to a trial
B. can only result in civil liability
42. Trial courts are courts of: B. original 47. Which of the following is an A. whether a defendant
jurisdiction example of a question of fact? was negligent
A. appeal
A. whether a defendant was
B. original jurisdiction negligent

C. legislative bodies B. instruction in the jury charge

43. The U.S. constitution provides that no C. both a and b
C. admissibility of evidence
person shall be derprived of life,
liberty, or the property without due
D. all of the above
process of law. This provision is found
in: 48. Which of the following is a A. admissibility of evidence
question of law?
A. 5th amendment
A. admissibility of evidence
B. 14th amendment
B. whether a defendant was
C. both a and b negligent

D. none of the above C. guilt of innocence in a

criminal case
44. The U.S. Supreme Court can hear C. both a and b
appeals:
D. all of the above
A. from federal courts of appeals 49. Which of the following is D. all of the above
known as "white collar crime"?
B. from state courts if there is a
federal question involved A. embezzlement

C. both a and b B. bankruptcy fraud

D. none of the above C. insider trading

45. Venue refers to: A. an appropriate
D. all of the above
location for a trial
A. an appropriate location for a trial 50. Which of the following A. in a civil case, then
statements is true? plaintiff has the burden of
B. jurisdiction proving the theory of
A. in a civil case, then plaintiff recovery by a
C. juries has the burden of proving the preponderance of the
theory of recovery by a evidence
D. none of the above preponderance of the
evidence
46. When a plaintiff files a lawsuit based B. plaintiff has the
on recognized theory of recovery? burden of proof on
B. In a civil case, the defendant
each elements of
has the burden of disproving
A. the defendant has the burden of plaintiffs theory and
plaintiff's theory of recovery
disproving each allegation in recovery
by a preponderance of the
plaintiff's cause of action
evidence
B. plaintiff has the burden of proof on
C. In a civil case, the plaintiff
each elements of plaintiffs theory
has the burden of proving the
and recovery
theory of recovery beyond a
reasonable doubt
C. both a and b

D. none of the above

D. none of the above