The type of land that lies along the bank of the river or stream and lies along the watershed of the river is known as:
Question 1 The type of land that lies along the bank of the river or stream and lies along the watershed of the river is known as:
Question options:
Eminent domain
Riparian
Easement
Quiet enjoyment
Question 2 When a subpoena duces tecum is issued, a witness does not have to testify about the documents that are subpoenaed.
Question options:
True
False
Question 3 Community property laws create this type of property ownership.
Question options:
Tenancy in common
Joint tenancy
Tenancy in its entirety
Remainder
Question 4 An accessory to a crime is a person who is involved in the crime and who is present at the time of the commission of the crime.
Question options:
True
False
Question 5 Only “v” and not “vs” can be used for “versus” in a case name.
Question options:
True
False
Question 6 When a person refuses an offer, this is known as:
Question options:
Rejection
Acceptance
Revocation
Termination
Question 7 Nuisance is a basis to file a lawsuit under:
Question options:
Contract law
Family law
Tort law
Constitutional Law
Question 8 The jury will receive jury instructions:
Question options:
At the beginning of the trial
Before the jury is impaneled
Immediately before jury deliberation
None of the above
Question 9 A response to a request for admission contains facts of the case that the judge may either accept or reject.
Question options:
True
False
Question 10 Real property held for the benefit of another is called:
Question options:
In rem property
Trust property
Probate property
None of the above
Question 11 Testimony that is taken under sworn oath during the pretrial portion of the lawsuit is known as:
Question options:
Interrogatories
Discovery
Depositions
Preliminary hearing
Question 12 The principal of the sudden emergency doctrine may excuse an individual from liability.
Question options:
True
False
Question 13 The state statute that permits state’s courts to take jurisdiction over a nonresident is known as:
Question options:
Concurrent statutes
Long arm statutes
Lis pendens
Federal Tort Act
Question 14 The initial pleading in a civil action in which plaintiff alleges a cause or causes of action is a:
Question options:
Counterclaim
Response
Cross-action
Complaint
Question 15 Which of the following is not a testamentary instrument?
Question options:
A codicil
A trust
A will
A covenant
Question 16 Bigamy is a civil litigation matter.
Question options:
True
False
Question 17 State statutes that require certain types of contract be placed in writing before they become enforceable are known as:
Question options:
Statute of frauds
Statute of convenience
Statute of repudiation
None of the above
Question 18 When a court substitutes a less severe punishment for a harsher punishment, the court engages in:
Question options:
Commutation of sentence
Probation
Lesser degree offense
Equitable justice
Question 19 Money paid by one parent to the other for the purpose of children is known as alimony.
Question options:
True
False
Question 20 Federal and state laws that prescribe the maximum time during which different types of civil actions and criminal prosecutions can be brought are known as:
Question options:
Substantive law
Verification
Statute of limitations
Subject matter jurisdiction
Question 21 A judgment on the pleadings can be issued only after the case has been fully litigated.
Question options:
True
False
Question 22 Only a judge can determine whether or not a jury is hung.
Question options:
True
False
Question 23 A joint tenancy is an estate in land or in personal property held by two or more persons jointly, with rights of survivorship.
Question options:
True
False
Question 24 The degree of proof needed to convict a person of the crime is:
Question options:
Preponderance of the evidence
Clear and convincing proof
Proof beyond a reasonable doubt
A scintilla of evidence
Question 25 Larceny is a crime of taking personal property, without consent with the intent to convert it to the use of someone else other than the owner of the property through the use of force or fraud.
Question options:
True
False
Question 26 The legal contract between the owner of real property and a real estate agent for the purpose of selling property is known as:
Question options:
Business contract
Recording contract
Listing contract
Restrictive contract
Question 27 Extortion is a willful and malicious burning of building.
Question options:
True
False
Question 28 Restitution is a type of remedy that may only be sought under contract law.
Question options:
True
False
Question 29 A person’s Miranda rights are not violated if:
Question options:
The suspect is incarcerated
The suspect is not under arrest
The suspect is interviewed by the prosecutor
The suspect is a juvenile
Question 30 Courts may allow the parties to amend their pleadings for the purpose of:
Question options:
Correcting any errors on the pleadings
Withdrawing the plaintiff’s petition
Request for preliminary hearing
None of the above
Question 31 Intestate laws are governed by the Uniform Commercial Code.
Question options:
True
False
Question 32 What type of hearing determines whether or not probable cause exists to formally accuse a person of a crime?
Question options:
A preliminary hearing
An adjudicative hearing
An administrative hearing
None of the above
Question 33 The degree of proof required in most civil cases for the plaintiff to prevail is called:
Question options:
Judgment on the evidence
Clear and convincing proof
Preponderance of the evidence
Beyond a reasonable doubt
Question 34 The right of a divorced parent who does not have custody of his child to visit the child at such times and places as the court may order:
Question options:
Merger
Equitable distribution
Emancipation
Visitation rights
Question 35 The holographic will is an oral will made by a testator during his last illness, which is later reduced to writing by a person who witnessed the declaration.
Question options:
True
False
Question 36 The exclusionary rule is a rule that:
Question options:
Prohibits the victim’s family members in the courtroom
Prohibits the introduction of certain evidence
All of the above
None of the above
Question 37 Service of process is:>
Question options:
The filing of pleadings
The delivery of legal documents [pleadings, usually]
Passage of time before a lawsuit can be filed
The manner in which actions begin
Question 38 Solemnization of the marriage is a ceremony involving common law marriages.
Question options:
True
False
Question 39 Leading questions are never allowed of any witnesses by the examining attorney.
Question options:
True
False
Question 40 In a trial de novo, the court determines which party may present new evidence.
Question options:
True
False
Question 41 When two courts have the power to adjudicate the same manner, or same type of cases, the courts are deemed to have:
Question options:
Equitable jurisdiction
Concurrent jurisdiction
Conflict of interest
Constitutional jurisdiction
Question 42 The types of damages that may be awarded in a tort claim are:
Question options:
Compensatory damages
Punitive damages
Actual damages
All of the above
Question 43 The only party that can engage in discovery procedures such as interrogatories or depositions is the plaintiff.
Question options:
True
False
Question 44 Service of process is the delivery of the summons, complaint, or other processes to the opposing party or other persons entitled to receive such documents. Service may be accomplished by:
Question options:
Publication
In person
All of the above
Question 45 Process by which an action is commenced in a civil case is known as:
Question options:
Petition
Service
Summons
All of the above
Question 46 The act of creating the relationship of parent and child between persons who do not naturally share that relationship:
Question options:
Custody
Fraternity
Adoption
Maintenance
Question 47 A verified complaint is a self-contained pleading that sets forth the cause of action.
Question options:
True
False
Question 48 Conspiracy to commit a crime is not a crime unto itself.
Question options:
True
False
Question 49The chain of title of real property reveals the succession of transactions that trace the change of ownership of real property. The chain of title may be proven by:
Question options:
Adverse possession
Abstract title
Conveyences
Warranty deed
Question 50The type of contract that is imposed by the law in order to prevent unjust enrichment is called:
Question options:
Quasi contract
Reformation
Requirement contract
None of the above
Question 51An enforceable contract is one that can be put into effect and may take the form of:
Question options:
An oral contract
An implied contract
A written contract
All of the above
Question 52The legal principle that a person who knows and deliberately exposes herself or himself to danger is known as:
Question options:
Assumption of risk
Negligence
Absolute liability
Breach of duty
Question 53A remainder and a reversion are forms of:
Question options:
Easements
Future interest
Covenants
None of the above
Question 54 A testamentary gift may be accomplished without a will.
Question options:
True
False
Question 55 Annulment of a marriage is when a court declares the marriage is void and that it never existed.
Question options:
True
False
Question 56 If a letter is addressed to “John Doe, Esq.”, the letter’s salutation should be “Dear Esq. Doe”.
Question options:
True
False
Question 57 A promisor’s duty to perform the terms of a contract may be extinguished due to:
Question options:
Liquidated damages
Lack of meeting of the minds
Lapse
Lack of meeting of the minds and Lapse
None of the above
Question 58 The executor of the Will does NOT have the power to:
Question options:
Pay the estate’s bills
Dispose of the estate’s property
Arrange for funeral services
Determine the amount to be paid for child support
Question 59 In a product liability lawsuit, which of the following factors must occur?
Question options:
The injured party must have purchased the product.
The purchased product must have caused the injury.
The purchase product must lack warranty labels.
None of the above.
Question 60 Under the Uniform Commercial Code, only real property may be subject to a lease.
Question options:
True
False
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