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Civil Law.d

Civil Law.d

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96 вопросов Вариант 1 Доступ 7 дней
Содержание теста

Вопросы и варианты

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Вопрос 1

Which of the following refers to a set of rules and procedures usually intended to regulate some aspect of society?

  1. Rule
  2. Precedent
  3. Law
  4. Code
Вопрос 2

Which of the following refers to a legal system based primarily on written constitutions and written laws or codes?

  1. Civil law
  2. Common law
  3. Stare decisis
  4. Precedent law
Вопрос 3

Which of the following refers to a body of law developed through the courts?

  1. Common law
  2. Precedent
  3. Civil law
  4. Code
Вопрос 4

Which of the following refers to an example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases?

  1. Precedent
  2. Code
  3. Standard
  4. Civil Law
Вопрос 5

Which of the following refers to the study of the philosophy of law?

  1. Jurisprudence
  2. Legal negativism
  3. Legal positivism
  4. Legal realism
Вопрос 6

Which of the following refers to a philosophical theory holding that law reflects the moral and unchangeable laws of nature?

  1. Legal realism
  2. Legal positivism
  3. Jurisprudence
  4. Natural theory of law
Вопрос 7

Which of the following refers to a philosophical theory holding that the validity of law is not related to morality?

  1. Legal positivism
  2. Legal realism
  3. Natural theory of law
  4. Standards
Вопрос 8

Which of the following refers to a philosophical theory that laws are created by judges and therefore subject to individual beliefs and prejudices?

  1. Natural theory of law
  2. Legal realism
  3. Legal positivism
  4. Jurisprudence
Вопрос 9

Which of the following refers to a non-contractual civil wrong?

  1. Offense
  2. Tort
  3. Fault
  4. Regulation
Вопрос 10

Which of the following define the rights and duties of parties and establish the legal bases for any lawsuit?

  1. Fundamental laws
  2. Substantive laws
  3. Laws
  4. Basic laws
Вопрос 11

Which of the following relate to the enforcement of the substantive rights and duties?

  1. Substantive laws
  2. Fundamental laws
  3. Procedural laws
  4. Basic laws and regulations
Вопрос 12

Which of the following refers to the amount of proof necessary for most civil cases?

  1. Probable cause
  2. Preponderance of the evidence
  3. Beyond a reasonable doubt
  4. Burden of proof
Вопрос 13

Which of the following refers to the amount of proof necessary for conviction in a criminal case?

  1. Beyond a reasonable doubt
  2. Burden of proof
  3. Probable cause
  4. Preponderance of the evidence
Вопрос 14

Which of the following refers to a finding of responsibility in a civil case?

  1. Liable
  2. Accountable
  3. Guilty
  4. Responsible
Вопрос 15

Which of the following refers to a finding of not guilty in a criminal case?

  1. Innocent
  2. Acquittal
  3. Nolo contender
  4. Hung jury
Вопрос 16

Which of the following refers to a summary of a Supreme Court case written by the reporter of decisions?

  1. Brief
  2. Writ
  3. Case law
  4. Syllabus
Вопрос 17

Which of the following refers to powers given to Congress that are spelled out in the Constitution?

  1. Implied powers
  2. Inferred powers
  3. Inalienable powers
  4. Express
Вопрос 18

Which of the following refers to the power that Congress has to regulate that is derived from the express powers?

  1. Implied powers
  2. Inalienable powers
  3. Inferred powers
  4. Express powers
Вопрос 19

Which of the following refers to a section of the U.S. Constitution found in Article 1, Section 8, giving the U.S. Congress the right to regulate foreign and interstate commerce?

  1. Foreign-Domestic clause
  2. Supremacy clause
  3. Commerce clause
  4. 1-8 clause
Вопрос 20

Which of the following refers to a doctrine giving the right of the federal government to be the exclusive lawmaker in certain areas?

  1. Exceptionality
  2. Pre-emption
  3. Exclusivity
  4. Prevention
Вопрос 21

Which of the following refers to laws that impose criminal responsibility for acts that were not crimes at the time the acts occurred?

  1. Double jeopardy
  2. Corpus delicti
  3. Comprehensiveness
  4. Ex post facto
Вопрос 22

Which of the following refers to the power or authority to act in a certain situation; the power of a court to hear cases and render judgment

  1. Exclusive jurisdiction
  2. Regulator
  3. Control
  4. Jurisdiction
Вопрос 23

Which of the following refers to the sole power or authority to act in a certain situation?

  1. Concurrent jurisdiction
  2. Consecutive jurisdiction
  3. Jurisdiction
  4. Exclusive jurisdiction
Вопрос 24

Which of the following refers to a term that describes situations where more than one entity has the power to regulate or act?

  1. Jurisdiction
  2. Concurrent jurisdiction
  3. Exclusive jurisdiction
  4. Consecutive law
Вопрос 25

Which of the following provides for the establishment of a Supreme Court and such inferior courts as Congress may establish?

  1. Magna Carter
  2. U.S. Constitution
  3. Bill of Rights
  4. Declaration of Independence
Вопрос 26

Which of the following refers to the power to hear and determine cases first?

  1. Principal jurisdiction
  2. Chief jurisdiction
  3. Original jurisdiction
  4. Primary jurisdiction
Вопрос 27

Which of the following refers to a term that describes the entire panel of judges on a court hearing a case?

  1. En banc
  2. Appellate panel
  3. Appellate board
  4. Appellate council
Вопрос 28

Which of the following refers to the power of a court to review what happened in a lower court?

  1. Federal jurisdiction
  2. Appellate jurisdiction
  3. Original jurisdiction
  4. Supreme jurisdiction
Вопрос 29

Which of the following refers to documentation of proceedings at trial used for an appeal?

  1. Appellate report
  2. Trial transcript
  3. Record
  4. Court brief
Вопрос 30

Which of the following refers to a written document containing factual and legal contentions; prepared by attorneys dealing with an appeal in a case?

  1. Record
  2. Trial document
  3. Appellate report
  4. Appellate brief
Вопрос 31

Which of the following refers to the directions read to the jury by the judge?

  1. Rules of procedure
  2. Jury instructions
  3. Judicial instructions
  4. Trial instructions
Вопрос 32

Which of the following refers to judicial officers who are appointed by judges of federal district courts and have some of the powers of a judge?

  1. Federal Justice
  2. U.S. Attorney
  3. Federal Magistrate
  4. Court clerk
Вопрос 33

Which of the following refers to a court employee who assists the court and the judge by filing documents, marking and safeguarding evidence, reviewing documents that are submitted to the judge, and performing other similar tasks?

  1. Federal Justice
  2. U.S. Law
  3. Federal Magistrate
  4. Court clerk
Вопрос 34

Which of the following refers to an informal interoffice document written to communicate the results of legal research and the resulting legal analysis?

  1. Legal brief
  2. Writ
  3. Legal memorandum
  4. Petition
Вопрос 35

Which of the following refers to a special bank account maintained by an attorney into which funds belonging to clients are kept?

  1. Legal account
  2. Commingling account
  3. Escrow account
  4. Trust account
Вопрос 36

Which of the following refers to a type of trust account in which held until some condition occurs?

  1. Escrow account
  2. Client account
  3. Legal account
  4. Commingling account
Вопрос 37

Which of the following is not an example of a primary legal resource?

  1. Constitutions
  2. Case law
  3. Rules
  4. Periodicals
Вопрос 38

Which of the following is not an example of a secondary legal resource?

  1. Digests
  2. Ordinances
  3. Dictionaries
  4. Citators
Вопрос 39

Which of the following refers to resources that provide the actual law?

  1. Key resources
  2. Secondary resources
  3. Primary resources
  4. Support resources
Вопрос 40

Which of the following refers to tools used to understand the law?

  1. Support resources
  2. Secondary resources
  3. Key resources
  4. Middle resources
Вопрос 41

Which of the following is not one of the categories of facts?

  1. Irrelevant facts
  2. Explanatory facts
  3. Relevant facts
  4. Unnecessary facts
Вопрос 42

Which of the following refers to a collection of legal information?

  1. Legal periodical
  2. Legal encyclopedia
  3. Legal dictionary
  4. Legal digest
Вопрос 43

Which of the following refers to a brief summary of a statute or a case?

  1. Annotation
  2. Legal brief
  3. Legal footnote
  4. Case study
Вопрос 44

Which of the following refers to a legal resource filled with sample forms and explanations on how and when to use the forms?

  1. Legal brief
  2. Case study
  3. Form book
  4. Annotation
Вопрос 45

Which of the following refers to a publication containing articles written by judges, professors, and attorneys; it also contains case summaries written by law school students?

  1. Case study
  2. Annotation
  3. Law review
  4. Form book
Вопрос 46

Which of the following refers to a book that reviews a special field of law; a summary of the law on a particular subject; often called a hornbook?

  1. Report
  2. Treatise
  3. Brief
  4. Digest
Вопрос 47

Which of the following refers to an index to reported cases, arranged by subject; a short summary of the case is provided?

  1. Digest
  2. Report
  3. Summary
  4. Brief
Вопрос 48

Which of the following is not a fee-based computer-assisted legal research service?

  1. CRM Law
  2. West Law
  3. Lexis
  4. Bloomberg Law
Вопрос 49

Which of the following refers to legal principles that are applied to the facts; generally derived from statutes, case law, and the Constitution?

  1. Mandates
  2. Rules of law
  3. Precedents
  4. Rules of the Court
Вопрос 50

Which of the following refers to the legal principle to be taken from the court's decision?

  1. Finding
  2. Holding
  3. Rule
  4. Precedent
Вопрос 51

Which of the following refers to a set of published volumes of cases by courts in specific regions of the United States?

  1. Regional brief
  2. Regional reporter
  3. Regional precedent
  4. Regional case
Вопрос 52

Which of the following refers to a written document that might contain a summary of the facts, issues, rules, and analysis used by a court and a comparison with a client's facts?

  1. Statute
  2. Tort
  3. Brief
  4. Part
Вопрос 53

Which of the following refers to a legislatively created law; a written enactment?

  1. Directive
  2. Mandate
  3. Statute
  4. Decree
Вопрос 54

Which of the following refers to a removable supplement to a volume of statutory law; includes all changes or additions to the material contained in the hardbound volume?

  1. Pocket part
  2. Legal excerpt
  3. Simple statute
  4. Legal update report
Вопрос 55

Which of the following refers to a legal protection for authors of "original works of authorship" such as literary, dramatic, musical, artistic, and certain other works?

  1. Trademark
  2. Contract
  3. Patent
  4. Copyright
Вопрос 56

Which of the following refers to the process of comparing and contrasting facts and legal issues?

  1. Legal processing
  2. Legal inquiry
  3. Legal comparison
  4. Legal analysis
Вопрос 57

Which of the following is considered the writer's initial tool and expresses the main idea of the paragraph and is usually the first sentence in a paragraph?

  1. Preamble
  2. Introduction
  3. Opening
  4. Topic sentence
Вопрос 58

Which of the following should always be used when engaged in legal writing?

  1. Passive voice
  2. Active voice
  3. Third-person POV
  4. Reflexive voice
Вопрос 59

Which of the following can be a simple list of the headings you plan to use?

  1. Draft
  2. Framework
  3. Plan
  4. Outline
Вопрос 60

Which of the following is described as a grouping of related sentences that flow logically and address one idea?

  1. Effective brief
  2. Effective paragraph
  3. Effective report
  4. Effective draft
Вопрос 61

Which of the following provides a short overview of the internal organization of the argument section of a trial brief or the discussion section of a memorandum?

  1. Thesis sentence
  2. Thesis brief
  3. Thesis report
  4. Thesis paragraph
Вопрос 62

Which of the following refers to a short summary of a case?

  1. Case report
  2. Case review
  3. Case brief
  4. Case summary
Вопрос 63

Which of the following is not a component of a case brief?

  1. What rules (primary law) did the court rely on in reaching its decision?
  2. What happened to bring these parties into court in the first place?
  3. What is the legal question before this court?
  4. These are components of a case brief.
Вопрос 64

Which of the following refers to a statement of the legal issue presented to the court for resolution?

  1. Issue presented
  2. Adjudicate
  3. Statement presented
  4. Question presented
Вопрос 65

Which of the following means "to resolve"?

  1. Statement presented
  2. Issue presented
  3. Adjudicate
  4. Questions
Вопрос 66

Which of the following refers to a separate opinion written by one or more justices in a case; this opinion agrees with the ultimate decision of the majority of the court, but with a reasoning that differs from the reasoning of the majority of the court?

  1. Concurring opinion
  2. Court brief
  3. Legal memorandum
  4. Dissenting opinion
Вопрос 67

Which of the following refers to a separate opinion written by one or more justices in a case; this opinion disagrees with the decision of the majority of the court?

  1. Concurring opinion
  2. Legal memorandum
  3. Court session
  4. Dissenting opinion
Вопрос 68

Which of the following refers to an informal interoffice document written to communicate the results of legal research and the resulting legal analysis?

  1. Dissenting opinion and documentation
  2. Concurring opinion
  3. Legal memorandum
  4. Court brief
Вопрос 69

Which of the following refers to the clause in the Constitution that makes the Constitution the supreme law of the land?

  1. Judicial clause
  2. Supremacy clause
  3. Constitutional clause
  4. Federalism clause
Вопрос 70

Which of the following refers to the power of the courts to review statutory law to determine if the law is constitutional?

  1. Legal review
  2. Legislative review
  3. Constitutional review
  4. Judicial review
Вопрос 71

Which of the following refers to an order from one court to an agency or lower court directing that it do something or refrain from doing something?

  1. Writ of mandate
  2. Court mandate
  3. Writ of habeas corpus
  4. Court directive
Вопрос 72

Which of the following refers to the doctrine that specific rights expressed in the Bill of Rights are included in the concept of due process under the Fourteenth Amendment and thereby made applicable to the states?

  1. Incorporation doctrine
  2. State doctrine
  3. Constitutional doctrine
  4. BOR doctrine
Вопрос 73

Which of the following refers to the clause in the First Amendment that prohibits government from enacting any law that results in the establishment of a religion?

  1. Secular clause
  2. Founders clause
  3. Establishment clause
  4. Free exercise clause
Вопрос 74

Which of the following refers to the clause in the First Amendment that prohibits government from enacting any law that interferes with any person's right to freely practice a religion?

  1. Establishment clause
  2. Secular clause
  3. Founders clause
  4. Free clause
Вопрос 75

Which of the following Amendments to the U.S. Constitution provides for the freedom of speech?

  1. Fifth Amendment
  2. Second Amendment
  3. Fourth Amendment
  4. First Amendment
Вопрос 76

Which of the following refers to an untrue statement that injures another's reputation?

  1. Libel
  2. Obscenity
  3. Malice
  4. Defamatory
Вопрос 77

Which of the following refers to the acting with ill will toward a person?

  1. Libel
  2. Obscenity
  3. Malice
  4. Defamatory
Вопрос 78

Which of the following refers to the term given to sexual material that appeals to prurient interest and has no socially redeeming value?

  1. Libel
  2. Obscenity
  3. Malice
  4. Defamatory
Вопрос 79

Which of the following refers to transactions that take place between two or more states that have an economic impact?

  1. Interstate commerce
  2. Interstate trade
  3. Intrastate commerce
  4. Intrastate trade
Вопрос 80

Which of the following refers to a policy that gives special consideration to members of groups that have historically suffered discrimination?

  1. Civil action
  2. Majority preference
  3. Affirmative action
  4. Federal preference
Вопрос 81

Which of the following refers to a major consideration?

  1. Key factor
  2. Significant factor
  3. Primary factor
  4. Substantial factor
Вопрос 82

Which of the following refers to a requirement of the Fifth and Fourteenth Amendments that, unless special circumstances exist, governments not deprive a person of life, liberty, or property without notice and the opportunity for a fair hearing?

  1. Substantive due process
  2. Procedural due process
  3. Implied due process
  4. Actual due process
Вопрос 83

Which of the following refers to a requirement of the Fifth and Fourteenth Amendments that governments not enact laws that deprive a person of life, liberty, or property unless the laws serve a legitimate purpose and are either related to or necessary to achieving that purpose?

  1. Actual due process
  2. Procedural due process
  3. Substantive process
  4. Implied due process
Вопрос 84

Which of the following refers to a test used by the courts when examining the constitutionality of a law; requires that the law have a reasonable connection to a legitimate state purpose?

  1. Rational basis test
  2. Constitutional test
  3. Connectivity test
  4. Reasonableness test
Вопрос 85

Which of the following was used in recent years to uphold the Patient Protectional and Affordable Health Care Act?

  1. Third Amendment
  2. Taxing power in the Constitution
  3. Taxing power in the Declaration of Independence
  4. Tenth Amendment
Вопрос 86

Which of the following refers to a non-contractual civil wrong?

  1. Injunction
  2. Malfeasance
  3. Misdemeanor
  4. Tort
Вопрос 87

Which of the following refers to a person who commits a tort?

  1. Tortfeaser
  2. Tortler
  3. Felon
  4. Malefactor
Вопрос 88

Which of the following refers to a court order directing the defendant to stop some type of conduct?

  1. Order
  2. Sanction
  3. Injunction
  4. Mandate
Вопрос 89

Which of the following refers to the basis upon which a lawsuit may be brought to the court?

  1. Tort justification
  2. Judicial justification
  3. Tort action
  4. Cause of action
Вопрос 90

Which of the following refers to a tort that is wilful and meant to cause harm?

  1. Purposeful tort
  2. Intentional tort
  3. Premediated tort
  4. Deliberate tort
Вопрос 91

Which of the following refers to the legal concept that when an individual intends to harm a specific person, but inadvertently harms another, the intent is transferred, satisfying the intent requirement for tort liability?

  1. Transferred intent
  2. Transferred malice
  3. Transferred tort
  4. Transferred responsibility
Вопрос 92

Which of the following refers to the right of a merchant to make reasonable detention of a patron where there is probable cause to believe that shoplifting occurred?

  1. Shopkeeper's privilege
  2. Citizen's privilege
  3. Citizen's arrest
  4. Shopkeeper's arrest
Вопрос 93

Which of the following is not an element of libel?

  1. Statement is injurious
  2. Unprivileged spoken publication
  3. Statement is untrue
  4. Publication is a factual statement
Вопрос 94

Which of the following is not an element of slander?

  1. Statement is injurious to the person's reputation
  2. Publication is a factual statement
  3. Unprivileged written publication
  4. Statement is untrue
Вопрос 95

Which of the following refers to the result of one's thoughts, ideas, or inventions; includes patents, copyrights, and trademarks?

  1. Individual property
  2. Personal assets
  3. Intellectual property
  4. Intellectual assets
Вопрос 96

Which of the following refers to the negligence of a plaintiff that contributes to the injury; a doctrine that is a defense to negligence?

  1. Relative negligence
  2. Causative negligence
  3. Comparative negligence
  4. Contributory negligence