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The burden of proof required in a criminal case is preponderance of the evidence.

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Which of the following is correct regarding the decisions of state trial courts?


A) They are generally not reported.
B) They are reported in regional reports.
C) They are reported in state court reports.
D) They are binding upon lower courts based upon the principle of stare decisis .

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All laws are derived from morals, but some moral precepts are not enforced by legal sanctions.

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Chase and Piper asked a court for reformation of their contract based on the fact that they made a mutual mistake. They can seek an equitable remedy.

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Which of the following is not ordinarily a part of a reported opinion?


A) The essential facts.
B) The names of the attorneys representing the parties.
C) What pleadings are material to the issues.
D) The application of legal principles involved in the case.

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What is the supreme law of the land in the United States?


A) Federal statutes.
B) International treaties.
C) Case law as developed through the U.S. Supreme Court.
D) The U.S. Constitution.

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The final arbiter as to the constitutionality of laws passed by Congress or by the legislature of a state is the Supreme Court of the United States.

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A constitution restricts the powers of the government and specifies the rights and liberties of the people.

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Identify three essential functions of law.

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The primary function of law is to mainta...

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Once a court has decided a case, the principle of stare decisis precludes correction of erroneous decisions.

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A decision of an appeals court in Minnesota would be recorded in the:


A) state's statutory code.
B) Minnesota administrative code.
C) North Western regional reporter.
D) Federal Supplement.

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Which of the following is NOT considered to be an equitable remedy?


A) Specific performance.
B) Injunction.
C) Reformation.
D) Money damages.

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The branch of public law that deals with the various regulatory functions and activities of agencies of the government is:


A) criminal law.
B) administrative law.
C) Constitutional law.
D) substantive law.

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Which one of the following is NOT true of a suit brought under criminal law?


A) It must be brought by the government.
B) It may be a state or a federal case.
C) Proof of guilt must be "by preponderance of the evidence."
D) Conviction may result in imprisonment.

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The three distinct and independent branches of the United States government are:


A) the executive branch, the House of Representatives, and the U.S. Senate.
B) the federal judiciary, the House of Representatives, and the U.S. Senate.
C) the federal judiciary, the Congress, and the executive branch.
D) the state government, the federal government, and local government.

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A judge deciding a common law case must look for guidance to similar cases previously decided by that court or superior courts.

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The __________ is a group composed of lawyers, judges, and law teachers who assumed the task of preparing "an orderly restatement of the general common law of the United States."


A) American Legal Bar
B) American Law Institute
C) National Conference of Commissioners on Uniform State Laws
D) National Reporter System

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The party who files an appeal is the:


A) plaintiff.
B) appellant.
C) appellee.
D) defendant.

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Explain how the terms civil law and civil law system differ.

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The term "civil law" is the law dealing ...

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Which of the following is correct with regard to treaties in the United States legal system?


A) They have no legal effect.
B) Under the U.S. Constitution, they must be signed by the President and approved by the U.S. Senate.
C) They have no effect on business law.
D) They must be approved by the states before they have the force of law.

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