Posted: January 31st, 2023

LAW 1101-the function of a lawyer in any case, whether

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1) the function of a lawyer in any case, whether criminal or civil, is

A. To confuse

B. Bring out the truth

C. Create the best story possible

D. Present the facts in the light most favorable to his/her client

2) Lori was acquitted of murder. Which of the following is true:

A. The defendant may now be tried for assault and battery

B. The Sate may apeal her conviction

C. The defendant can be sued civilly by the victim’s family

D. If the defendant committed the offense, she may be retried on new evidence

3) Prior to being given a breathalyzer or chemical testing for drunk driving; you have the right to:

A. Demand Miranda warnings

B. Refuse testing but will be subject to an automatic license suspension

C.Speak to a lawyer

D. None of the above

4) Craig was expelled from high school for smoking in class. He did not have a hearing prior to his expulsion. Craig may argue to overturn his expulsion:

A. The Erie Doctrine

B. Collateral Estoppel

C. Res Judicata

D. Violation of the Due Process Clause

5) Most cases both criminal and civil involve:

A. False misleading testimony

B. Lawyers searching for truth

C. Disputed issues of fact

D. Lengthy jury trials

6) In older to prove a negligence action the plaintiff must show:

A. only he or she got hurt on someone’s property

B. only they were at work at time

C. breach of duty that proximately caused injuries

D. the defendant has to show he was not at fault

7) Stare Decisis is similar to:

A. A fixture

B. Common Law

C. Precedent

D. Both B & C

8) The following are rules of evidence when questioning a witness in Court

A. Can’t lead your witness

B. Try to discredit the other party’s witness

C. Must ask relevant questions

D. all of the above

9) A season ticket holder sued the New England Patriots claiming that he had a contractual right to review his season tickets. The holding in that case was:

A. the purchase of a ticket creates nothing more than a reasonable license

B. A ticket issuer’s decision to cancel the ticket holder is valid no matter what the reason

C. A season ticket holder is not entitled to an automatic renewal each year

D. all of the above

10) A lawyers’s justification for representing a criminal defendant that he knows is guilty:

A. the defendant can always lie on the stand

B. the commonwealth has the burden of proof

C. the commonwealth has to show the defendant’s guilt beyond a reasonable doubt

D. both B & C

11) A Beach town enacts an ordinance that prohibits a person who is not physically fit from wearing a bikini on public beach. The penalty is removal from the beach and a $200.00 fine. The ordinance:

A. is Unconstitutional

B. Serves a Legitimate public purpose

C. Is within the police power of the state to enact

D. Needs to be restricted to “fat” people

12) Chyrisse went to a restaurant and found a bug in her soup. She was outraged and went her lawyer wanting to sue. In order for her to collect, she will need to prove:

A. other people saw the bug too

b. that the owner knew there was a bug

C. she got sick

D. that seeing the bug proximately cause her outrage

13) Sumaya shot Janet in the arm because she stole her car

A. Sumaya will win if sued civilly

B. Sumaya has a claim of self defense

C. Sumaya may be criminally prosecuted

D. Sumaya must be acquitted of all charges

14) A fixture is

A. discussed under the topic of property law

B. goes along with the sale of a home

C. is like trade fixture

D. Both A & B

15) The following conditions must be satisfied before on can successfully invoked the defense of self defense in a murder case:

A. slayer must not have provoked fight

B. slayer must not have continued fight

C. slayer must have reasonable belief he was in imminent danger of death

D. all of the above

16) Phoenix Love had a tattoo on his shoulder. He claimed that under the______Amendment he was not required to show it to the jury. He was_____

A. 5th; wrong

B. 8th; right

C. 1st; right

D. 8th; wrong

17) A defense that is not available in a civil case that is available in a criminal case is

A. comparative negligence

B. character evidence

C. assumption of risk

D. insanity

18) The 5th Amendment is to the 14th Amendment as the:

A. Federal is to Sate

B. Cruel is the Unusual

C. Temple is to Penn State

D. 1st is to the 11th

19) A doctor suspects his nurse, who had no long-term employment contract, of stealing drugs. He wanted to fire her, he should:

A. Just fire her without any test

B. Give her a polygraph test and fire her if she passes of fails

C. Give all his employees a polygraph test and if she fails, fire her

D. Give her a polygraph test and fire her if she fails

20) Jason lied under oath and was found not guilty of perjury. Jen sues him civilly for conduct closely associated with the lies that were supposedly told. She:

A. must appeal his finding of not guilty to a higher court

B. would be barred because of the doctrine of res judicata

D. is not prevented because of the double jeopardy clause

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