Serena is a paralegal at a law firm in a small southern town. She studied history in college and completed her paralegal education and certification before moving from a big city to the rural area.
Serena is a paralegal at a law firm in a small southern town. She studied history in college and completed her paralegal education and certification before moving from a big city to the rural area. Serena has become friends with the local high school teacher, and this teacher has asked Serena to lead a class discussion on the U.S. Constitution with her American History students.
1. Serena first introduces the historical context of the U.S. Constitution and then describes the supremacy clause set forth in Article VI. What does this article of the Constitution refer to?
a. The supremacy clause states that although U.S. law is based on English common law, the U.S. Constitution is superior to the law of all other nations.
b. The supremacy clause creates the judicial branch of the government and specifically outlines the role of the Supreme Court.
c. The supremacy clause states that any law that is in violation of the Constitution, no matter what its source, will be declared unconstitutional if it is challenged.
d. None of these choices
2. Next, Serena leads the students through a discussion of the Bill of Rights and its protections. Which of the following statements about the Bill of Rights is not true?
a. The Sixth Amendment guarantees the accused in a criminal case the right to a speedy and public trial.
b. The Fourth Amendment prohibits unreasonable searches and seizures of persons or property.
c. Originally, the Bill of Rights limited only the powers of the national government, but this changed after the adoption of the Fourteenth Amendment in 1868.
d. The First Amendment guarantees the right to keep and bear arms.
3. The students in the class are interested in how the U.S. courts compare to English courts. Serena explains that both courts follow the adversarial system of justice, and she describes this system in detail as well as its disadvantages. Which of the following is not one of the criticisms of the adversarial system?
a. Lawyers are under too much pressure to win cases, and the adversarial system perpetuates this win-lose mentality.
b. Some attorneys make higher incomes by prolonging disputes and obscuring the truth.
c. The adversarial system contributes to a lack of integrity in the legal profession.
d. The adversarial system of justice creates unnecessary conflict between the plaintiff and the defendant.
4. Because the town in which Serena lives is close to an international border, she has already worked with clients who are citizens of Mexico. Serena discusses the concepts of national and international law with the students. Which of the following statements about international law is not true?
a. International law can be defined as the body of written laws that have been ratified by the United Nations.
b. The state of Louisiana has, in part, a civil law system.
c. Judges in a civil law system are not obliged to follow precedent, and thus the doctrine of stare decisis does not apply.
d. Generally speaking, there are two types of legal systems used by the various countries of the world: common law and code law.
5. Several of the students are interested in pursuing the study of law after they graduate from high school, and they ask Serena to describe her work as a paralegal. Serena describes some of her responsibilities at the law firm, and she talks about the importance of legal research and the primary and secondary sources of law that she uses. Secondary sources of law include which of the following?
a. Case law
b. Regulations created by administrative agencies
c. Legal treatises
d. None of these choices
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