VERSION 1 Question 1   Which of the following is most likely to be governed by states’ laws?          · 

VERSION 1 Question 1   Which of the following is most likely to be governed by states’ laws?          ·  Question 2    The following is an accurate description of state constitutions:          ·  Question 3     Which of the following is most likely to be primarily governed by federal law:          ·  Question 4     The following describes the common law:          ·  Question 5     In what part of the U.S. Constitution is freedom of speech identified?          ·  Question 6     The law found to be unconstitutional in Griswold v. Connecticut was:          ·  Question 7     The Bill of Rights was:          ·  Question 8     In Griswold v. Connecticut,on what basis did concurring Justice Goldberg see authority in the Ninth Amendment for a right of privacy?          ·  Question 9     In what part of the U.S. Constitution does an Equal Protection Clause appear?          ·  Question 10     The U.S. Supreme Court held that separate public schools were inherently unequal in:          ·  Question 11    Use of numerical quotas to achieve racial diversity was:          ·  Question 12    In what part of the U.S. Constitution does a Due Process Clause appear?          ·  Question 13    To what extent is expressive conduct protected by the First Amendment?          ·  Question 14     To what extent must a religion be well established in history for its practices to be protected under the First Amendment?          ·  Question 15     Which of the following does the First Amendment provide with respect to freedom of speech?          ·  Question 16     Which of the following is the most correct description of state public records laws?          ·  Question 17     To whom does the federal Government in the Sunshine Act apply?          ·  Question 18     What was at issue the 1971 U.S. Supreme Court case of New York Times Co. v. United States?          ·  Question 19     Which of the following is the language from the First Amendment regarding the freedom of the press?          ·  Question 20     All of the following can be registered with the U.S. Patent and Trademark Office except:          ·  Question 21     What payment does the U.S. Constitution require to the owner when government acquires property through use of eminent domain?          ·  Question 22     The U.S. Supreme Court has held that local zoning regulations are constitutional if:          ·  Question 23     In a corporation the following have the legal authority to make fundamental decisions about corporate existence:          ·  Question 24     Limited liability companies are a popular form of business entity because:          ·  Question 25     The federal rules for general government contracting requirements are the:          ·  Question 26     The following is the most accurate description of a public employer’s legal right to consider political affiliation in hiring and termination decisions:          ·  Question 27     Under the usual state whistleblower law a public employee:          ·  Question 28     Title VII of the Civil Rights Act of 1964:          ·  Question 29     The Age Discrimination in Employment Act applies to employees who are at least the following age:          ·  Question 30     In a tort claim punitive damages are:          ·  Question 31     Medical expenses for injuries suffered as a result of someone else’s negligence would be considered what kind of damages?          ·  Question 32     The Federal Tort Claims Act:          ·  Question 33     The Fourth Amendment prohibits          ·  Question 34 2 out of 2 points   The compilation of all federal rules currently in effect is:          ·  Question 35     The federal Administrative Procedure Act was enacted in:          ·  Question 36     An agency rule that explains an agency’s understanding of the law or its regulations is known as:          ·  Question 37     An elected  public official who improperly applies public property to personal use:          ·  Question 38     Local government ethics rules tend to:          ·  Question 39     State ethics laws:          ·  Question 40     In a mediation:          ·  Question 41     Injunctive relief is:          ·  Question 42     In litigation, the plaintiff:          ·  Question 43     Which of the following representations by a lawyer to a court during a trial would likely be a breach of the lawyer’s professional obligations?          ·  Question 44     Under which of the following circumstances may a lawyer disclose a confidential client-lawyer communication?          ·  Question 45     A lawyer is licensed to give advice in a specialty area, such as real estate law, only if:          ·  Question 46     A lawyer who represented the government in a particular matter:          ·  Question 47     A series of publications that provide a means of checking cases, statutes, and other authority for subsequent and related authority is:          ·  Question 48     C.F.R. stands for:          ·  Question 49     In an A.L.R. you would find:          ·  Question 50     Local government ordinances are published:          VERSION 2 Question 12 out of 2 points   Which of the following is most likely to be primarily governed by federal law:        Question 20 out of 2 points   The federal courts that hear appeals from the federal trial courts are called:        Question 32 out of 2 points   The following describes the common law:        Question 42 out of 2 points   The following is an accurate description of state constitutions:        Question 52 out of 2 points   Which article of the U.S. Constitution addresses the judiciary?        Question 62 out of 2 points   In what part of the U.S. Constitution is freedom of speech identified?        Question 70 out of 2 points   The law found to be unconstitutional in Griswold v. Connecticut was:        Question 82 out of 2 points   What does the Ninth Amendment provide?        Question 92 out of 2 points   On what basis did the U.S. Supreme Court find that the Equal Protection Clause applied to the federal government?        Question 102 out of 2 points   In what part of the U.S. Constitution does an Equal Protection Clause appear?        Question 110 out of 2 points   In Goldberg v. Kelly the U.S. Supreme Court held the following:        Question 120 out of 2 points   According to the U.S. Supreme Court, to what extent does the First Amendment apply to state laws?        Question 132 out of 2 points   To what extent must a religion be well established in history for its practices to be protected under the First Amendment?        Question 140 out of 2 points   Which of the following does the First Amendment provide with respect to freedom of religion?        Question 150 out of 2 points   The U.S. Supreme Court has held that which of the following kinds of expressions may constitutionally be forbidden by state law?        Question 160 out of 2 points   What did the Court hold in the 1971 U.S. Supreme Court case of New York Times Co. v. United States?        Question 170 out of 2 points   Which of the following is the most correct description of state public records laws?        Question 182 out of 2 points   To whom does the federal Government in the Sunshine Act apply?        Question 192 out of 2 points   Which of the following is the language from the First Amendment regarding the freedom of the press?        Question 200 out of 2 points   The U.S. Supreme Court has held that local zoning regulations are constitutional if:        Question 212 out of 2 points   What must a document contain for it to satisfy the Statute of Frauds with respect to a transfer of an interest in real property?        Question 222 out of 2 points   All of the following can be registered with the U.S. Patent and Trademark Office except:        Question 232 out of 2 points   Lost profits can properly be recovered in a contract case when        Question 240 out of 2 points   According to the mailbox rule a letter accepting a contract offer is effective when:   Selected Answer: It is received by the offerorCorrect Answer: It is mailed    Question 250 out of 2 points   No contract arises if the parties did not in fact agree to:        Question 262 out of 2 points   Quid pro quo sexual harassment is:        Question 272 out of 2 points   An employee who is at will:        Question 280 out of 2 points   Under the usual state whistleblower law a public employee:        Question 290 out of 2 points   Which of the following is the most accurate description of a basic requirement of the Americans with Disabilities Act?        Question 300 out of 2 points   Medical expenses for injuries suffered as a result of someone else’s negligence would be considered what kind of damages?        Question 312 out of 2 points   In a tort claim punitive damages are:        Question 322 out of 2 points   Employers are responsible for the acts of their employees’ negligence:        Question 332 out of 2 points   The Fourth Amendment prohibits        Question 340 out of 2 points   An agency rule that explains an agency’s understanding of the law or its regulations is known as:        Question 352 out of 2 points   The compilation of all federal rules currently in effect is:        Question 362 out of 2 points   The federal Administrative Procedure Act was enacted in:        Question 372 out of 2 points   The federal Ethics in Government Act applies to:        Question 382 out of 2 points   An elected  public official who improperly applies public property to personal use:        Question 390 out of 2 points   Local government ethics rules tend to:        Question 402 out of 2 points   In a mediation:        Question 412 out of 2 points   In litigation, the plaintiff:        Question 422 out of 2 points   Injunctive relief is:        Question 430 out of 2 points   Which of the following is the most accurate statement of a lawyers’ obligation under their professional rules with respect to offering evidence to a court that the lawyers know to be false?        Question 440 out of 2 points   The lawyers’ rules of professional conduct require that the lawyers’ fee always be:        Question 452 out of 2 points   A lawyer who represented the government in a particular matter:        Question 462 out of 2 points   Which of the following representations by a lawyer to a court during a trial would likely be a breach of the lawyer’s professional obligations?        Question 472 out of 2 points   Local government ordinances are published:        Question 482 out of 2 points   The most commonly used guide to legal citation within the legal community is:        Question 490 out of 2 points   Which of the following most accurately describes how state code complications are identified with an abbreviation within the jurisdictions in which they govern:        Question 502 out of 2 points   In an A.L.R. you would find:       VERSION 3Question 1 Which of the following is an accurate description of the president’s veto power in the U.S. Constitution?[removed] The president may veto acts of Congress but Congress can override the veto with a two-thirds vote by both houses of Congress[removed] The president may veto acts of Congress unless they are initially passed unanimously[removed] The president may veto acts of Congress unless the U.S. Supreme Court first approves the act[removed] The president has no veto power over acts of Congress2 points   Question 2 Which of the following is most likely to be governed by states’ laws?[removed] Interstate highways[removed] Estates, inheritances, wills, and trusts[removed] Copyrights, patents, and trademarks[removed] Treaties with nations2 points   Question 3 Regulations are primarily issued by:[removed] Congress[removed] Courts[removed] State legislatures[removed] Federal and state agencies2 points   Question 4 The reasons why federal judges are given life tenure include the following:[removed] To insure that federal judges reflect prevailing political sentiments[removed] To make it more likely that judges will make decisions without being swayed by changing political influences[removed] To reward judges for federal service[removed] To insulate federal judges from impeachment2 points   Question 5 In what part of the U.S. Constitution is freedom of speech identified?[removed] Article I[removed] First Amendment[removed] Fifth Amendment[removed] Tenth Amendment2 points   Question 6 In Griswold v. Connecticut,on what basis did concurring Justice Goldberg see authority in the Ninth Amendment for a right of privacy?[removed] The right of free association[removed] Reservation to the people of fundamental rights not expressly stated in the Bill of Rights[removed] Reservation to the states of the power to declare additional constitutional rights[removed] The right of free expression2 points   Question 7 Who has the power to amend the U.S. Constitution?[removed] A majority of the Congress by themselves[removed] A majority of the state legislatures[removed] A unanimous vote of the state legislatures[removed] Two-thirds of the state legislatures or state constitutional conventions2 points   Question 8 What does the Ninth Amendment provide?[removed] Freedom of gun ownership[removed] Prohibition against warrantless searches and seizures[removed] Commerce Clause[removed] Listed rights are not to be construed to deny or disparage others retained by the people2 points   Question 9 Section 1983 of the U.S. Code:[removed] Provides a civil rights remedy for constitutional rights violations under color of law[removed] Provides a right to challenge the constitutionality of an act of Congress[removed] Prohibits consideration of race in school admissions[removed] Prohibits same-sex marriages2 points   Question 10 The U.S. Supreme Court held that equal protection was satisfied with separate but equal public schools in:[removed] Brown v. Board of Education[removed] Bolling v. Sharpe[removed] Plessy v. Ferguson[removed] Harris v. Davis2 points   Question 11 The U.S. Supreme Court held that separate public schools were inherently unequal in:[removed] Brown v. Board of Education[removed] Bolling v. Sharpe[removed] Plessy v. Ferguson[removed] Harris v. Davis2 points   Question 12 According to the U.S. Supreme Court, to what extent does the First Amendment apply to state laws?[removed] Fully[removed] Not at all[removed] Only with respect to the press[removed] Only with respect to obscenity2 points   Question 13 To what extent must a religion be well established in history for its practices to be protected under the First Amendment?[removed] It need not be[removed] It must be well-established or logically derived from a well-established religion[removed] It must meet community religious standards[removed] It must meet national religious standards2 points   Question 14 To what extent is expressive conduct protected by the First Amendment?[removed] Not at all[removed] Government may not restrict expressive conduct unless the conduct is accompanied with spoken or written statements[removed] Government has a freer hand in restricting expressive conduct than the written or spoken word but may not prohibit particular conduct merely because it has expressive elements[removed] Government may not restrict expressive conduct if accompanied with statements2 points   Question 15 Which of the following is the most accurate description of how the majority described the flag burning incident at issue in Texas v. Johnson?[removed] It was a constitutionally protected expression of dissatisfaction with national policies[removed] It was not constitutionally protected because the national flag was involved[removed] It was not constitutionally protected because others took justifiable offense[removed] Only words and not acts are constitutionally protected2 points   Question 16 What was at issue the 1971 U.S. Supreme Court case of New York Times Co. v. United States?[removed] The right of the press to obtain public records[removed] The right of the press to participate in government proceedings[removed] The authority of the executive to obtain court restraint of a publication[removed] The authority of the courts to order the executive to release information2 points   Question 17 What does the federal Privacy Act restrict?[removed] Press access to classified documents[removed] Collection of personal information and its disclosure[removed] Presidential records[removed] Access to criminal trials2 points   Question 18 To whom does the federal Government in the Sunshine Act apply?[removed] Federal agencies[removed] Congress[removed] U.S. Supreme Court[removed] U.S. military2 points   Question 19 Which of the following is the language from the First Amendment regarding the freedom of the press?[removed] Congress shall make no law . . . abridging the freedom of . . . the press[removed] Congress shall make no law . . . restricting the right of the press to information[removed] No law shall prohibit the right of the press to full access to information[removed] Congress shall protect the reasonable freedom of the press2 points   Question 20 All of the following can be registered with the U.S. Patent and Trademark Office except:[removed] Trade secrets[removed] Patents[removed] Copyrights[removed] Trademarks2 points   Question 21 What payment does the U.S. Constitution require to the owner when government acquires property through use of eminent domain?[removed] No payment is required if the taking is for public use[removed] Fair market value of what is taken[removed] No payment is required[removed] The value determined by the power doing the taking provided it is not irrational2 points   Question 22 The U.S. Supreme Court has held that local zoning regulations are constitutional if:[removed] They bear a rational relation to the health and safety of the community[removed] They are uniformly applied throughout the state[removed] They do not restrict commercial development[removed] Owners are paid fair market value compensation if the uses of their property are restricted2 points   Question 23 Lost profits can properly be recovered in a contract case when[removed] The loss was unforeseeable[removed] The loss is the direct and natural consequence of the breach, the profits were likely to have been earned, they were reasonably foreseeable to the breaching party, and the amount can be shown with reasonable certainty[removed] The loss cannot be shown with reasonable certainty[removed] The jury decides to punish the breaching party2 points   Question 24 The Model Procurement Code:[removed] Governs all federal contracts[removed] Governs U.S. Postal Service Contracts[removed] Governs all public contracts in all states[removed] Has been adopted in some states and is similar to the law in other states2 points   Question 25 Limited liability companies are a popular form of business entity because:[removed] They require no formal organizational steps[removed] They pay no federal taxes[removed] They offer the liability protections of a corporation but there is no tax at the entity level[removed] The entity has no liability2 points   Question 26 Quid pro quo sexual harassment is:[removed] Not unlawful[removed] Unlawful only when the supervisor repeatedly insists on unwelcome sexual activity[removed] Occurs when supervisors make adverse employment decisions against employees who deny unwelcome sexual demands[removed] Occurs only when the employee is terminated for refusing to have sex with a supervisor2 points   Question 27 Which of the following is the most accurate description of a basic requirement of the Americans with Disabilities Act?[removed] All public and all private buildings must be accessible to wheel chairs[removed] Employees who become disabled must be paid at least the same salary as before the disability[removed] Employees who are considered disabled under the Act may not be required to contribute to health insurance premiums[removed] Public areas of buildings must be modified to allow the disabled access to the same services as the non-disabled2 points   Question 28 Title VII of the Civil Rights Act of 1964:[removed] Prohibits employers from discrimination against an individual in employment based religion[removed] Prohibits employees from engaging in political activity while employed[removed] Gives employees the right to retirement benefits[removed] Gives employees the right to form unions2 points   Question 29 The following is the most accurate description of a public employer’s legal right to consider political affiliation in hiring and termination decisions:[removed] It may be considered if the employee’s political beliefs with interfere with discharge of public duties in a policymaking or confidential position[removed] It may never be considered[removed] It may only be considered if a statute specifies it as a consideration for the position[removed] It may always be considered if the employee’s political beliefs are not the same as the elected officials2 points   Question 30 In a tort claim punitive damages are:[removed] Always recoverable[removed] Recoverable in some jurisdictions under certain circumstances if not arbitrary or irrational[removed] Not recoverable in any jurisdiction[removed] Unconstitutional unless authorized by statute2 points   Question 31 Medical expenses for injuries suffered as a result of someone else’s negligence would be considered what kind of damages?[removed] Pain and suffering[removed] Expectancy[removed] Mitigation[removed] Compensatory2 points   Question 32 A negligent act is considered to be the legal cause of an injury if[removed] There is any connection between the two[removed] The injury is a foreseeable consequence of the negligent act[removed] The injury is solely attributable to the negligent act[removed] The act is among all the contributors to the injury2 points   Question 33 The Fourth Amendment prohibits[removed] Unreasonable searches and seizures[removed] Arrest without an indictment[removed] Searches and seizures without a court order[removed] Warrants based on probable cause as determined by judges2 points   Question 34 The federal Administrative Procedure Act was enacted in:[removed] 1789[removed] 1865[removed] 1946[removed] 19642 points   Question 35 An agency rule that explains an agency’s understanding of the law or its regulations is known as:[removed] Substantive[removed] Interpretive[removed] Procedural[removed] Appellate2 points   Question 36 The compilation of all federal rules currently in effect is:[removed] Code of Federal Regulations[removed] U.S. Code[removed] Federal Register[removed] U.S. Code Annotated2 points   Question 37 Local government ethics rules tend to:[removed] Be more specific and more rigorously enforced than at the federal or state level of government[removed] Be more general and aspirational than at the federal or state level of government[removed] Mirror the rules that apply to federal agencies[removed] Be tied to strict criminal sanctions2 points   Question 38 An elected  public official who improperly applies public property to personal use:[removed] Cannot be prosecuted because elected officials have immunity[removed] May be subject to criminal prosecution for embezzlement[removed] Cannot be prosecuted unless more than $100,000 was taken[removed] Cannot be prosecuted because all public officials have sovereign immunity2 points   Question 39 The federal Ethics in Government Act applies to:[removed] All federal, state, and local public officials and employees[removed] All state public officials and employees[removed] Federal executive officials and employees[removed] Only members of Congress2 points   Question 40 Injunctive relief is:[removed] A court order that someone do or not do something[removed] An award of damages equal to actual economic loss[removed] A public apology[removed] Only awarded to the government2 points   Question 41 In a mediation:[removed] The dispute is submitted to a third party who issues a binding decision[removed] The parties submit their arguments to a panel that recommends a decision to a judge[removed] A third party leads the parties and their lawyers through a discussion intended to result in a voluntary agreement[removed] A third party gives a non-binding opinion about which of the parties has the better case2 points   Question 42 In litigation, the plaintiff:[removed] Is the party initiating the lawsuit with a claim[removed] Is the party against whom the lawsuit is initiated[removed] Is prohibited from seeking relief in the case[removed] Is not a party in the case2 points   Question 43 Which of the following is the most accurate statement of how the lawyers’ rules of professional conduct address communications with an opposing party known to be represented by a lawyer?[removed] Lawyers may not do so without the opposing lawyer’s consent[removed] There is no prohibition[removed] Lawyers may do so but not their clients[removed] Lawyers may do so with their own client’s consent2 points   Question 44 Which of the following is the most accurate statement of a lawyers’ obligation under their professional rules with respect to offering evidence to a court that the lawyers know to be false?[removed] They may do so if it is in their clients’ best interests[removed] They may do so if directed to do so by their clients[removed] They may not do so[removed] They may do so only if the opposing parties consent2 points   Question 45 Which of the following representations by a lawyer to a court during a trial would likely be a breach of the lawyer’s professional obligations?[removed] The state supreme court may have recently ruled against us on this issue, but there are good reasons why this court should adopt a different approach.[removed] You have heard two conflicting versions of the facts, and I urge you to conclude that my client’s version is more believable.[removed] You have heard two conflicting versions of the facts, and I urge you to conclude that my opponent’s version is not credible.[removed] I have been around a long time and I have had many clients, and I can stake my personal reputation on the fact that my client’s testimony is truthful.2 points   Question 46 The lawyers’ rules of professional conduct require that the lawyers’ fee always be:[removed] Not in excess of an amount based on schedules approved by the bar association[removed] Reasonable[removed] Previously approved in writing by the client[removed] Contingent on the outcome of the representation2 points   Question 47 The most commonly used guide to legal citation within the legal community is:[removed] The Oxford Guide to Legal Citation[removed] The West Annotated Citation Guide[removed] The Federal Citation Reference Manual[removed] The Bluebook, a Uniform System of Citation2 points   Question 48 A series of publications that provide a means of checking cases, statutes, and other authority for subsequent and related authority is:[removed] Law Revisions[removed] American Jurisprudence[removed] Shepard’s[removed] American Law Reports2 points   Question 49 C.F.R. stands for:[removed] Combined Federal Rules[removed] Code of Federal Regulations[removed] Court Finding Register[removed] Clearinghouse of First Rules2 points   Question 50 Which of the following most accurately describes how state code complications are identified with an abbreviation within the jurisdictions in which they govern:[removed] They are always cited with the full state name and the word Code[removed] They are always cited with the prefix U.S. Code[removed] The form varies from jurisdiction to jurisdiction[removed] The phrase State Laws is always included