Full Test Bank Ch.7 Civil And Administrative Law - Chapter Test Bank | Law & Society 4e Walsh by Anthony Walsh. DOCX document preview.
CHAPTER 7
CIVIL AND ADMINISTRATIVE LAW
MULTIPLE CHOICE QUESTIONS
- The burden of proof necessary to meet in a civil trial is
a) beyond a reasonable doubt.
b) preponderance of the evidence.
c) clear and convincing evidence.
d) reasonable suspicion.
- Which of the following categories of civil law deals with ownership and possession of personal, real, and intellectual property?
a) property law
b) contract law
c) torts
d) family law
- According to the ruling in Pierson v. Post, property rights over wild animals begin
a) only at the time of absolute control.
b) when one hunter sees the animal.
c) when the wild animal walks onto a person’s private property.
d) when a hunter walks within one hundred yards of a wild animal.
- In civil law, cases involving personal injury are called
a) plaintiffs.
b) crimes.
c) punitives.
d) torts.
e) mala prohibita.
- The standard of proof in civil cases in which punitive damages are sought is
a) preponderance of evidence.
b) beyond doubt.
c) clear and convincing evidence.
d) beyond a reasonable doubt.
- Elements of a two-party contract include
a) two parties, both of whom are legally capable of signing a contract.
b) a promise supported by consideration.
c) agreement to the terms of the contract.
d) all of the above.
e) none of the above.
- For negligence to exist, the plaintiff must prove that
a) the defendant had a duty to act in a certain way, the defendant acted in that way, and this action caused the harm.
b) the defendant had a duty to act in a certain way, the defendant beached that duty, and the breach of duty caused the injury.
c) the defendant acted in a certain way, this action caused harm, and the plaintiff did not provoke the action.
d) the plaintiff demanded the defendant to act in a certain way, the defendant did not act in that way, and harm resulted by the defendant’s inaction.
- In strict liability cases
a) the plaintiff must prove that the defendant acted maliciously.
b) the defendant must prove that he or she did not act maliciously.
c) the plaintiff must prove that the defendant realized the risks of his or her actions.
d) the plaintiff does not need to prove that the defendant acted intentionally or negligently.
- A court finds that Jon’s injury at the negligence of Pete is partly his own fault (30 percent responsible), and he can therefore recover only 70 percent from Pete. This is an example of
a) comparative negligence.
b) contributory negligence.
c) consent negligence.
d) sovereign immunity.
- General requirements for a valid marriage in a majority of states include all but which of the following?
a) the obtaining of a marriage license
b) legal capacity to consent to marriage
c) proof of gender
d) the exchange of marital vows in the presence of a person legally permitted to acknowledge the marriage
- A common law marriage is one in which
a) the husband and wife lived together prior to being married.
b) the man and woman live together as husband and wife but lack legal documentation.
c) the man who is the husband of one woman lives with another woman as if she were his wife, or vice versa for a woman.
d) a and c only.
e) none of the above.
- In a civil trial, who is the injured party?
a) the state
b) the neighborhood
c) the police department
d) the private citizen
- A fee simple estate is one in which after a person dies
a) the interest is passed on to a living relative.
b) the interest is passed on to a person specified in the deceased’s will.
c) the interest reverts to the original owner.
d) the interest does not revert to the original owner.
- When multiple parties each own an equal share of a piece of real property, they are said to have
a) tenancy in common.
b) a joint interest.
c) a fee simple absolute estate.
d) an easement.
- The two categories of grounds for divorce are
a) irreconcilable differences and adultery.
b) no-fault and fault.
c) no-fault and party fault.
d) simple fault and major fault.
- Child support is based on
a) who wins in the divorce process.
b) how lengthy the divorce process was.
c) custodial status of the children.
d) custodial status of the parents.
- Using one’s property in such a way that it has an unreasonably adverse effect on other property owners is called
a) adverse possession.
b) disturbing the peace.
c) nuisance doctrine.
d) tenancy in common.
- The term ordinary care refers specifically to the degree of care expected
a) between a mother and child.
b) from a reasonable person.
c) from a negligent person.
d) between strangers.
- Contributory negligence is a defense to civil liability that states that
a) if the plaintiff is partially responsible for the harm, the responsibility is apportioned accordingly.
b) the tortfeasor may countersue the plaintiff.
c) if the plaintiff is responsible for some of the injury, then the defendant can be held responsible for only that portion that is a direct result of the defendant’s actions.
d) if the plaintiff is in any way partially responsible for injuries, the plaintiff cannot recover from the tortfeasor.
- Which act passed by Congress defined marriage as being between a man and a woman?
a) Proposition 8
b) Defense of Marriage Act
c) Marriage Definition Act
d) Proposition 13
21. Civil law is
a) private law.
b) the opposite of common law.
c) public law.
d) applicable only to civil rights cases.
22. In which Supreme Court case did the court rule that same-sex marriages are legal in every state?
a) United States v. Windsor
b) Zablocki v. Redhail
c) Obergfell v. Hodges
d) Loving v. Virginia
23. The majority of civil law cases involve
a) torts.
b) contracts.
c) family.
d) property.
24. Civil law protection against double jeopardy is known as
a) double jeopardy.
b) res dominus.
c) dicta.
d) res judicata.
25. Much of the law governing contracts is guided by
a) Administration Procedure Act.
b) Contract Constitution Act.
c) Uniform Commercial Code.
d) Sarbanes-Oxley Act.
26. Administrative agencies
a) make, enforce, and adjudicate administrative law.
b) make and enforce administrative law only.
c) enforce administrative law only.
d) are only responsible for adjudicating violations of administrative law in the civil court system.
27. The U.S. Congress passed the ________ in 2002 that authorized a huge increase in the Security Exchange Commission’s budget to combat corporate crime.
a) Administration Procedure Act
b) Contract Constitution Act
c) Uniform Commercial Code
d) Sarbanes-Oxley Act
28. Administrative law is
a) private law.
b) commercial law.
c) public law.
d) equity law.
29. In Loving v. Virginia, the Supreme Court ruled that
a) same-sex couples have no right to marry.
b) interracial couples have a right to marry.
c) prison inmates have a right to marry.
d) marriage is something that only opposite-sex couples can enter.
30. The term Chevron deference is associated with
a) tort law.
b) administrative law.
c) property law.
d) commercial law.