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Aswer the 46 question that includ multiple choise and essay
QUESTION 1
Stare Decisiscan be defined as a Latin term meaning:
Inherently dangerous:the theory that some acts are so dangerous that negligence is presumed
To stand by a decision:the theory that previous case law is to be respected by other judges in interpreting law
The thing speaks for itself:the notion that previous statements of fact are adopted as true
Freedom to be free:the theory that law is created by the free expression of humankind and should thereby be respected
10 points
QUESTION 2
The elements ofnegligenceare:
Duty breach causation
Breach damages causation
Breach injury damages
Duty damages injury
10 points
QUESTION 3
Free speech is:
The right to express yourself without government intervention in any way you want
Expression without restraint
The right to perform physical acts or methods of communication that are harmful to others
The right to be protected from undesirablefeedback after you communicate a thought
10 points
QUESTION 4
The seminal caseBrandenburg v. Ohioset forth the precedent that the government cannot punish inflammatory speech unless the following threshold element is met:
Clear and present danger
Riot speech
Imminent lawlessness
Hate speech
10 points
QUESTION 5
In the seminal case ofJacobellis v. OhioUnited States Supreme Court Justice Potter Stewart famously described obscenity as:
Something impossible in these modern times
Something created to incite or inflame societies core values
Something giving rise to the prurient interest
Something that he knew when he saw it
10 points
QUESTION 6
Laws created to protect journalists and their sources are called:
Free Hat laws
Proposition 50
Shield laws
Eagle laws
10 points
QUESTION 7
Based on our discussions in classBURGLARY can be defined as:
Unlawful entry into the dwelling of another with the intent to commit a larceny or felony therein
Breaking and entering with the with the intent of taking the residence or building as your own
Breaking and entering with the intent to commit robbery or petty theft
Unlawful taking of an item from another by force or fear
10 points
QUESTION 8
Based on our discussions in class ROBBERY can be best defined as:
Breaking and entering with the intent to commit robbery or petty theft
Unlawful taking of an item from another by force or fear
Unlawful entry into the dwelling of another with the intent to commit a larceny or felony therein
Breaking and entering with the with the intent of taking the residence or building as your own
10 points
QUESTION 9
The right to privacy of people within the State of California is expressly granted through:
Proposition 50a of 1901
California Constitution
Proposition 50a of 1909
United States Constitution
10 points
QUESTION 10
When a court is not allowed to hear a certain type of matter that is often because the court lacks:
Subject Matter Jurisdiction
Liability
Civil Procedure
Vestment
10 points
QUESTION 11
Personal Jurisdiction over a person by a court concerns:
The ability of the court to enter a binding judgment as it relates to the person
Whether a person is liable for their actions given the inherently dangerous activity within which they were engaged
Whether the court can hear certain types of cases
Whether a person has ever sued in that court before
10 points
QUESTION 12
David has just filed a lawsuit on behalf of himself and his adult son Tony. David and Tony are both named as Plaintiffs. Tony personally served the lawsuit to the Defendants. Personal service is the preferable method of service in the state where David filed the lawsuit. Was the service successfully completed?
NO
YES
It depends on whether Tony and David knew where the defendants live.
(hint: this is an incorrect answer)
It depends on whether Tony knew where the defendants live.
(hint: this is an incorrect answer)
10 points
QUESTION 13
Martin a resident of California sues David a resident of Indiana. Martin files the lawsuit in California. To serve David Martin mails a copy of the lawsuit to David. Indiana allows lawsuits to be served by mail. Was service perfected by Martin?
Yes because he used a method allowable in the state where the Defendant resides
No because Martin used a method not allowed for service in California where the lawsuit was filed
No because Martin mailed the lawsuit himself.
Yes because David could reasonably expect to be hailed into court in California
10 points
QUESTION 14
Paula a resident of Ventura County sues David a resident of Los Angeles County by filing in the Superior Court of the State of California-County of Los Angeles. Is venue proper in Los Angeles County:
No David can only be sued in Ventura County
Yes David lives in Los Angeles County
Yes Paula can file in any court she wants
No Paula lives in Ventura County
10 points
QUESTION 15
Paula a resident of Ventura County sues David a resident of Los Angeles County by filing in the Superior Court of the State of California-County of Ventura. The cause of action relates to a car accident that occurred in Los Angeles County wherein Paula was rear-ended by David. Is venue proper in Ventura County?
YES
NO
I’m not sure; more information is needed in order to determine proper venue.
It depends on whether David had ever been to Ventura County.
10 points
QUESTION 16
Don sues Michelle in the Superior Court of the State of California County of Ventura for breach of contract relating to the purchase of supplies from Michelle for his photo printing business. Michelle wants to sue Don for a car accident from a year ago wherein Michelle was injured. Must Michelle file the cross complaint in the lawsuit now pending in order to protect her right to obtain damages from Don?
No Michelle has exceeded the statute of limitations and thereby cannot recover damages
No the claim does not arise from the same cause of action or events and thereby Michelle gets to choose whether to bring her claim as a cross complaint
Yes both parties must bring all claims against each other at the same time regardless of whether the claims are related
Yes Michelle did business with Don so she must bring all claims now in order to promote swift resolution of all pending cases
10 points
QUESTION 17
The most commonMotion to Strikeseeks to strike what:
Incorrect spelling
Errors in Personal Jurisdiction
Errors in Subject Matter Jurisdiction
Punitive Damages
10 points
QUESTION 18
Don was protesting outside of a public library for many months regarding a proposed fee the library intended to charge to borrow books. The library sued Don for protesting claiming he was causing them to lose business. After being served with the lawsuit Don should file:
Anti-SLAPP motion
Motion for Directed Verdict
Motion Notwithstanding the Verdict
SLAPP Back motion
10 points
QUESTION 19
______________ is written defamation:
Libel
Slander
Res IpsaLoquitur
Apostasy
10 points
QUESTION 20
_____________ is spoken Defamation:
Slander
Res Ipsa Loquitur
Apostasy
Libel
10 points
QUESTION 21
The right to privacy is expressly granted in the Bill of Rights of the United StatesConstitution:
True
False
10 points
QUESTION 22
The are presently only eight (8) seated justices on the United States Supreme Court. This vacancy in the ninth seat was created by:
Action of Judicial Senate
The retirement of Justice Emeritus John Paul Stevens
Executive Order
The death of Antonin Scalia
10 points
QUESTION 23
As discussed in our first lecturethe Federalist Party led by outgoing PresidentJohn Adamsforced through the Judiciary Act of 1801 thatset forth the midnight judges appointment of several Federalist friendly judges and justices of the peace.This was done to:
Disrupt laws regarding tariffs
Create a broader judicial branch
Scare the common people by expanding the role of law and order in the newly formed society.
Secure a strong Federalist party legacy.
10 points
QUESTION 24
The Age Discrimination and Employment Act prohibits discrimination on the basis of age against individuals over the age of:
18
40
55
62.5
10 points
QUESTION 25
Section 504 of the Rehabilitation Act of 1973 requires ____________ in order to prevent discrimination.
Access to management or executive staff or other designated personnel to report claims of harassment abuse or discrimination
Companies to keep logs of potential discrimination or abuse that must be presented to the Department of Fair Employment and Housing upon request
Reform of previous laws to encompass all human beings
Reasonable Accommodations
10 points
QUESTION 26
Under the Americans with Disabilities Act (1990) a disability is defined as:
A condition that causes a person to be subject to further scrutiny in order to protect their interests
A condition limiting the ability to perform or engage in the way of other individuals
A defect in methods of performing everyday tasks and responsibilities
A mental or physical health condition that substantially limits one or more major life activities
10 points
QUESTION 27
I have recently created a new dishwasher that uses heated air in unique intervals of time to wash dishes without the need for water. I have created a logo of a dinner plate in the desert to represent the lack of water needed. Additionally I wrote a song about the way my dishwasher cleans dinnerware. I need to make sure that my creations are protected. Please describe the legal tools I would use to protect the above creations. You may do so in bullet point or paragraph form.
Path:p
Words:0
15 points
QUESTION 28
The seminal case ofNew York Times v. Sullivanrequires a requisite finding of _________________ before a public official may seek damages for defamation of character.
Violent threat
Premeditation
Actual Malice
Insolence
10 points
QUESTION 29
The Fourteenth Amendment to the Constitution of the United States of America applies the ____________ to the states.
Pentagon Papers
Declaration of Independence
Bill of Rights
Magna Carta
10 points
QUESTION 30
A ___________ is an example of something you would PATENT.
(choose the best answer)
A poem you wrote for your best friend
An innovate new song you wrote that has over 1000000 views on YouTube
An innovative way to reengineer the working of a combustible engine to operate on water from the ocean
A logo you created for your swimwear company
10 points
QUESTION 31
A ___________ is an example of something you would TRADEMARK.
(choose the best answer)
A poem you wrote for your best friend
An innovate new song you wrote that has over 1000000 views on YouTube
An innovative way to reengineer the working of a combustible engine to operate on water from the ocean
A logo you created for your swimwear company
10 points
QUESTION 32
A ___________ is an example of something you would COPYRIGHT.
(choose the best answer)
A logo you created for your swimwear company
An innovate new song you wrote that has over 1000000 views on YouTube
An innovative way to reengineer the working of a combustible engine to operate on water from the ocean
A poem you wrote for your best friend
10 points
QUESTION 33
In order to obtain a valid warrant the four elements to be met are:
Supported by probable cause executed by a neutral and detached magistrate under oath or affirmation and specifying with particularity the item or individuals to be seized
Supported by a valid belief executed by a neutral and detached magistrate under oath or affirmation and specifying with particularity the item or individuals to be seized
Supported by reasonable suspicion executed by a neutral and detached magistrate under oath or affirmation and specifying with particularity the item or individuals to be seized
Supported by probable cause executed by a neutral and detached magistrate with a signature of a member of the legislature and specifying with particularity the item or individuals to be seized
10 points
QUESTION 34
Melissa is a police officer. She arrested Christopher and placed him into her squad car on suspicion of selling bootleg copies of The League. Melissa had adequate grounds to arrest Christopher following a long undercover operation of his homeless encampment under the 101 freeway underpass at Havenhurst Avenue in Los Angeles CA. The day after arresting Christopher Melissa without a warrant returned to search the homeless shelter Christopher had built and justified such as a search incident to lawful arrest thereby abrogating the warrant requirement for search. This search was lawful.
FALSE
TRUE
I honestly have no idea.
10 points
QUESTION 35
Officer Eric Cartman has been watching a residence for many weeks as part of an undercover drug sales operation. He has recently learned through a confidential informant that the suspects have been tipped off to a 4 a.m. raid by the Drug Enforcement Agency with whom Officer Cartman has been liaising with. In order to secure the evidence of the drug sales Officer Cartman kicks down the door with his partner Sargent Homer Simpson detains the individuals inside and searches for drugs knowing that they would shortly thereafter be flushed down the toilet. Officer Cartman can justify this warrantless search based on the theory of:
Search incident to lawful arrest
Hot pursuit
Terry Stop
Exigent Circumstances
10 points
QUESTION 36
Officer Lucille Ball had a warrant to search a home for a suspected arsonist in the neighborhood of Camarillo CA. While inside the home serving the warrant she saw a pile of white powder on a mirror in a room she was searching for the arsonist. Officer Ball is a certified drug recognition specialist having had advanced training in identifying both drugs and individuals under the influence of drugs. Officer Ball knew immediately that the powder was cocaine. She was thereby able to seize the powder based on the theory of:
Inventory search
Plain view
Exigent circumstances
Hot pursuit
10 points
QUESTION 37
Officer Rick Grimes wanted to search a home for evidence of narcotics trafficking. Officer Grimes did not have a warrant. Despite this Grimes decides to knock on the door to see if the occupants will consent to a search. A man comes to the door and is somewhat startled to see a police officer. The man consents to the search and allows Grimes to enter the home. Grimes enters the home and finds a full scale methamphetamine production operation. Grimes later learned that the man who consented to the search was a friend of the homeowners family. Was the search valid?
No Grimes should have called his partner who is a drug recognition specialist
No Grimes did not have a warrant
Yes Grimes acted out of good faith in the belief that drugs were inside
Yes if Grimes reasonably believed the occupant had authority to grant consent
10 points
QUESTION 38
Marshall Mathers was arrested for selling counterfeit compact discs from the group N.W.A. Shortly after being arrested detectives wanted to interrogate Mathers in order to ascertain the extent of his criminal enterprise. Mathers refused and rightfully asserted his right to remain silent under the:
Sixth Amendment of the Unites States Constitution
California Constitution
Fourteenth Amendment of the United States Constitution
Fifth Amendment of the United States Constitution
10 points
QUESTION 39
After Mathers was charged with selling counterfeit compact discs he asserted his right to counsel under the Sixth Amendment to the United States Constitution. Thereafter thinking that he could make a deal with investigators he sought to waive his right to counsel so he could implicate his friend who actually makes the counterfeit compact discs. Can police detectives lawfully speak with Mr. Mathers?
Yes he hasnt asserted his right under the proper Amendment to the United States Constitution
No the right to counsel is absolute and can never be waived
No he needs an attorney to advise him of his ability to waive his right
Yes although he has asserted his right he is free to waive it at any time in the future
10 points
QUESTION 40
Ryan was attacked one night by his partner. Ryan called 911 because he needed police help to stop the attack. Ryans partner was arrested and charged with Corporal Injury on a Spouse. At the trial Ryan refused to testify. The District Attorneys office sought to introduce the 911 tape from Ryan as evidence. The defense objected based on the Confrontation Clause of the Sixth Amendment. The tape was allowed at trial. Why?
The Fourth Amendment to the United States Constitution because the tape was an unlawful recording
TheCrawfordexception because the tape was properly maintained by law enforcement
TheCrawfordexception because the 911 tape recording was non-testimonial
The hearsay exception to 911 tapes because it was an admission
10 points
QUESTION 41
The Fifteenth Amendment to the United States Constitution provides that no one will be denied the right to vote based on:
Race color or previous servitude
Being under the age of eighteen (18) years old
Sex
Failure to pay a poll tax
10 points
QUESTION 42
The Nineteenth Amendment to the United States Constitution provides that no one will be denied the right to vote based on:
Sex
Failure to pay a poll tax
Being under the age of eighteen (18) years old
Race color or previous servitude
10 points
QUESTION 43
The Twenty Fourth Amendment to the United States Constitution provides that no one will be denied the right to vote based on:
Failure to pay a poll tax
Being under the age of eighteen (18) years old
Race color or previous servitude
Sex
10 points
QUESTION 44
The Twenty Sixth Amendment to the United States Constitution provides that no one will be denied the right to vote based on:
Race color or previous servitude
Sex
Failure to pay a poll tax
Being over the age of eighteen (18) years old
10 points
QUESTION 45
This question is extra credit.As discussed in class the answer to this question is:
D
B
A
C
10 points (Extra Credit)
QUESTION 46
ESSAY QUESTION
On a sunny breezy Sunday afternoon in late October 2016 Regina George was holding a town hall style campaign meeting in hopes of securing her bid for the United States Senate.
Being back in her hometown was exciting for Regina given the travel associated with her busy campaign schedule. As such Regina opted to leave straight from the campaign event and meet up with some friends at a restaurant in downtown.
While pulling into a parking space at The the hip new spot in the Arts District Regina was suddenly rear ended by a 2004 Honda Civic. The person who hit Regina got out of her car and yelled Youre a terrible person Regina I hope you die. The person then ripped the license plate off of Reginas car and put it into her purse before running away.
The next day a newspaper published a report by Cady Heron. The article by Heron claimed that Regina in a drunken stupor backed into Cadys car causing severe injuries.
Needless to say Regina is furious. Not only is Regina in pain following the car accident but the story from Cady is hurting the campaign.
Regina will be meeting with your boss the District Attorney for the County of Ventura to learn what crimes Cady will be charged with. The District Attorney has asked you to prepare a memorandum describing what crimes Cady can be charged with and why.
(This essay is scored out of 15 points and 20 points of extra credit are available for exemplary responses.)