BLAW EXAM #1 With Actual Correct Questions And Verified
Detailed Answers Latest Update 100% Guaranteed Pass
You have hired an attorney to bring a lawsuit against the driver of the other car. In order
to win your case the attorney would have to prove that the other driver was responsible
for your damages by what standard of proof?
A. By a reasonable doubt
B. By a preponderance of the evidence.
C. By a minimal amount of evidence.
D. Beyond a reasonable doubt.
E. Beyond a shadow of doubt. - Answer B. a preponderance of evidence
Allen has been indicted for the crime of sexual assault of a federal employee. He was
tried in federal criminal court for violating a federal statute, but a jury returned a verdict
of "not guilty." Based on the doctrine of "double jeopardy," which of the following is
accurate?
I. New evidence found, Allen can again be tried in federal criminal court.
II. The doctrine of double jeopardy would not prevent the alleged victim of the assault
from suing Allen in state civil court.
III. The doctrine of double jeopardy would also not prevent Allen's trial in state criminal
court.
A. I only. B. II only. C. III only. D. I and II only. E. II and III only. -Answer E. II and III only
In 1803 the Supreme Court decided the landmark case of Marbury v. Madison. This
case established the legal precedent that the final interpretation of the Constitution is
within the authority of:
A. Congress.
,B. The Attorney General
C. The Secretary of State.
D. The President
E. The Supreme Court
Answer E. The Supreme Court
John, a citizen of Fayetteville, Arkansas has consulted with an attorney about a question
of Arkansas law that is currently before a trial court judge in Fayetteville. Of the
following, which is the legal precedent that a trial court judge in Fayetteville should be
bound by?
I. A decision by a different trial court in Fayetteville.
II. The supreme court in the state of Texas has ruled
III. The supreme court in the state of Arkansas has ruled
A. I only. B. II only. C. III only. D. I and III only. E. II and III only. - Answer C. III only
A federal trial court judge is considering a diversity case which involves a matter of
Arkansas law. Assuming that there are no issues of federal law, the trial court judge
would be expected to follow precedents established by:
A. Federal appellate courts
B. United States supreme court
C. Arkansas trial courts
D. Arkansas supreme court
E. Federal trial courts - Answer D. Arkansas Supreme Court
The "common law" is a system of law that has developed primarily on which of the
following doctrines:
A. Stare Decisis
,B. Rule 11
C. Trial by jury.
D. Double jeopardy.
E. Adversary system. - Answer A. Stare Decisis (Decision Stands)
If a jury in a criminal case finds the accused to be "not guilty" this means that the jury
has determined that the jury believes that:
A. The defendant did not prove he was not guilty beyond a reasonable doubt.
B. The defendant did not prove he was not guilty by the preponderance of the evidence.
C. The prosecution has failed to show that the defendant is guilty beyond a reasonable
doubt.
D. The prosecution has not been able to prove the guilt of the defendant by the
preponderance of evidence. -Answer C. The prosecution has failed to establish the guilt
of the defendant beyond reasonable doubt.
Emma was texting while driving and ran into Olivia's car. Olivia's car was totaled and
Olivia broke her leg. Olivia filed a civil suit against Emma to recover damages. Also,
Emma is a defendant in a criminal prosecution for violating state law prohibiting texting
while driving. Which trial will have the highest burden of proof?
A. Civil trial, because Olivia must prove Emma liable beyond a reasonable doubt
B. Civil trial, because Olivia must prove Emma liable by a preponderance of the
evidence.
C. Criminal trial, because prosecutor must prove Emma guilty beyond a reasonable
doubt
D. Criminal trial, because prosecutor must prove Emma guilty by clear and convincing
evidence
E. The criminal and the civil trial will have the same burden of proof as required by the
U.S. Constitution - Answer C. Criminal trial, because the prosecutor must prove Emma
guilty beyond a reasonable doubt
The Texas Supreme Court has ruled on an unusual question of negligence. No Texas
statute or any other statutory law exists on this topic. Would Texas trial courts be
obligated to follow the Texas Supreme Court if they tried a case with similar facts?
, A. No because that would be against the common law system
B. No because that would be against the civil law system
C. Yes, this is how the civil law system in Texas works
D. Yes, this is how common law system in Texas works
E. Yes, this is mandated under the famous case of Marbury v. Madison - Answer D. Yes,
this is how common law system in Texas works
Police Officer Smith of California is accused of arresting Mia for possession of marijuana
using unreasonable force. He has been indicted for assault in state court and for civil
rights violations in federal court. Officer Smith moves to dismiss the state indictment on
the basis of the double jeopardy clause of the Fifth Amendment. The judge will likely:
A. Grant Officer Smith's request because double jeopardy prohibits anyone being
prosecuted twice for the same crime
B. Grant Officer Smith's request because double jeopardy requires that federal cases
must supersede state cases
C. Deny Officer Smith's request because the state and federal governments are
separate sovereigns
D. Deny Officer Smith's request because double jeopardy does not apply to state
government
E. Certify the question to the appropriate appellate court, since this is a question of law
and not fact - Answer C. Deny the request by Officer Smith since the state and federal
governments are considered separate sovereignties
The Massachusetts legislature enacts a statute that makes it a crime to say anything
mean about Tom Brady or Bill Belichick, two very well known employees of the New
York Patriots football team. Which part of government can declare this statute
unconstitutional?
A. None, no part of government is authorized to rule a state statute unconstitutional
B. The U.S. Department of Justice because the agency's enabling statute provides
judicial review powers
C. The U.S. President because the executive has power to enforce or deny laws under
the constitution
D. The U.S. Congress because the supremacy clause gives the federal legislature power
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