1. The most well-known reference that covers citation form is commonly called:
A. The Maroon Book.
B. The Blue Book.
C. Citation Form at a Glance.
D. West's Annotated Guide to Citation Format.
2. A brief submitted by a nonparty with permission of the court is called:
A. An amicus curiae brief.
B. An annotated brief.
C. An appellate curiae brief.
D. Nonparties are not allowed to submit briefs.
3. Corpus Juris Secundum is an example of which of the following?
A. A casebook.
B. A legal encyclopedia.
C. An advance sheet.
D. A digest.
4. The full text of cases is found in volumes called:
5. Each of the following contains opinions of the United States Supreme Court except:
A. United States Reports.
B. United States Supreme Court Reports, Lawyer's Edition.
C. United States Law Weekly.
D. United States Law Monthly.
6. Opinions of the lower federal courts are contained in:
A. Federal Reporter and Federal Supplement, which are both official.
B. Federal Reporter and Federal Supplement, which are both unofficial.
C. Federal Reporter and United States Reports, which are both unofficial.
D. Federal Reporter, Federal Supplement and United States Reports, which are all unofficial.
7. A parallel cite is:
A, An additional reference to the same material.
B. A reference to material that is tangentiatly related to your material.
C. A reference to any written material.
D. A reference to a headnote in Euclid's Geometry.
8. A Code is:
A. A collection of laws or rules in chronological order.
B. A collection of laws or rules by subject matter.
C. A collection of court opinions in chronological order.
D. A collection of court opinions by topic.
9. Which of the following statements is true?
A. West publishes regional digests for all regions, although it does not publish reporters for all regions
B. West publishes reporters for all regions, although it does not publish regional digests for all regions.
C. There is no such thing as a regional reporter.
D. Lawyer's Cooperative publishes regional reporters for those regions that West does
not publish a regional reporter.
10. The master index to the case law of our country that starts with the Century Digest is called:
A. Modem Federal Practice Digest.
B. Federal Digest.
C. American Digest.
D. West's Law Finder.
11. When researching a statute, it is important to always check the pocket part, because:
A. Pocket parts update the material in the bound volume.
B. Pocket parts often conceal short, sharp staples, known in the trade as "points of law."
C. Statutes are shepardized by the pocket parts.
D. Pocket parts contain criticism and commentary on the statutes which are not included in the bound
12. Scholarly treatises published by the American Law Institute which attempt to formulate the existing law in an area
such as Torts are called:
B. Shepard's Formulation of Law.
13. Shepard's Citators do which of the following?
A. Show other cases that have cited your case.
B. Allow you to determine if your statute has been found to be unconstitutional.
C. Allow you to determine if your case has been overruled.
D. All the above.
14. Which of the following is an example of a legal periodical?
A. A merican Law Reports.
B. Restatement of the Law.
C. The Harvard Law Review.
D. Words and Phrases.
15. Total Client Services Library:
A. Is the way Lawyer's Co-op refers you to many of the books it publishes
B. Is the way West refers you to many of the books it publishes.
C. Refers readers only to Corpus Juris Secundum, the National Reporter System and Westlaw.
D. Is a minute part of Shepard's Citation service, which does nothing but tell you whether your case has been criticized.
16. Which of the following represents primary authority?
A. An ordinance.
B. A digest.
C. A Shepard's Citator.
D. A law dictionary.
17. Which of the following is nonauthority?
A. An unconstitutional statute.
B. A case that has been overruled.
C. A digest.
D. All of the above (A, B & C) are nonauthority.
18. Which of the following is not a regional digest?
A. North Eastern Digest.
B. Atlantic Digest.
C. Pacific Digest.
D. South Eastern Digest.
19. Each of the following is a secondary source that may be used for background research except:
A. Treatises, such as Prosser on Torts.
B. Legal encyclopedias, such as American Jurisprudence 2d.
C. Legal periodical literature, such as law review articles.
D. Rules of Court, such as the Federal Rules of Civil Procedure.
20. As a paralegal working for a Dallas, Texas, law firm, you embark upon a research project for your office's client who slipped and fell in a Dallas high school cafeteria. You know to begin research in the digests but you are sad to discover mat West does not publish a South Western Digest. What digest would be the next best place to start?
A, Texas Digest.
B. Pacific Digest.
C. South Eastern Digest.
D. Southern Digest.
21. Which of the following may be mandatory authority?
A. A law review article from a journal in the state that hears your case.
B. A Uniform System of Citation.
C. A statute from the state that hears your case.
D. American Jurisprudence 2d.
22. Caselaw that is contained in West's regional reporters is:
A. From state courts only.
B. From federal courts only.
C. From the United States Supreme Court only.
D. From the United States District Court only.
23. A legal dictionary is which type of authority?
A, Primary authority.
B. Mandatory authority.
C. Secondary authority.
D. Both A and B.
24. A court opinion contained in the Federal Reporter has been reversed by the United States Supreme Court. That
opinion in the Federal Reporter is called:
A. Mandatory authority.
B. Persuasive authority.
C. Secondary authority.
25. Each of the following may be persuasive authority except:
A. Any secondary authority that the court is not required to follow but does so because it finds the
secondary authority persuasive.
B. An opinion written by a court from a jurisdiction different from the one where the court considering the
opinion is sitting.
C. An opinion written from an inferior court within your jursidiction.
D. A finding aid such as Shepard's Citations.
26. Each of the following is true regarding the use of secondary authority except:
A. You should be sure that the secondary authority will be helpful to the court in adopting an interpretation
of the primary authority.
B. You should be sure you are using it as a substitution for primary authority.
C. You should be sure that a foundation for using the secondary authority can be demonstrated before using
and citing the secondary authority.
D. If you are citing it in a memorandum of law, you should discuss secondary authority after you discuss
the primary authority.
27. Generally, which of the following is not true with regard to background research?
A. It provides you with the current validity of Shepard's Citations.
B. It provides you with a general understanding of an area of law involved in your research problem.
C. It involves reading secondary sources such as treatises.
D. Background research is generally necessary to provide leads to cases and statutes.
28. Most of the factors mat a paralegal should consider in ending a research project are set forth below. Which of the
following would not be a reason for ending a research project?
A Finding authority on point.
C. Fully exhausting references in A Uniform System of Citation.
D. Exhausting research resources in local libraries.
29. Which of the following statements is true regarding digests0
A. They serve as case finders.
B. They contain small-paragraph summaries of court opinions organized by subject matter.
C. They are nonauthority.
D. All of the above (A, B, and C) are true.
30. Ordinances and statutes are examples of which of the following?
A. Primary authority.
B. Secondary authority.
C. Enacted law.
D. A and C, above.
31. Your firm's client's case is in your state's court of appeals. Your on point authority is contained in the United States Reports, and it is considered to be:
32. The Southern Reporter is:
A. Secondary authority.
B. Primary authority.
C. A federal reporter.
D. An official reporter.
33. Federal digests covering only federal courts include all of the following except:
A Federal Digest.
B. Modern Federal Practice Digest.
C. Regional Federal Practice Digest 4th.
D. Federal Practice Digest 2d.
34. Am.Jur. and C.J.S. are:
A. Good for background reading.
B. Good case finders.
C. Legal encyclopedias.
D. All of the above.
35. Unofficial reporters are:
A. Published under the authority of the government and include the United States Reports.
B. Printed by a private or commercial publishing company without special authority from the government
and include the United States Reports.
C. Printed by a private or commercial publishing company without special authority from the government
and include the Federal Supplement.
D. No longer in existence because they have all been discontinued since WWII.
36. The American Law Reports are:
A. Annotations which include extensive commentary.
B. Compilations of appellate briefs.
C. Published by West Publishing Company.
D. The official publication of U.S Supreme Court opinions.
37. Authority is:
A. Whatever the court must rely on in making its decision.
B. Whatever the legislature must rely on in making its decision.
C. Anything a court may or must rely on in making its decision.
D. Never cited to the court unless it has been reversed on appeal.
38. WESTLAW and LEXIS are:
A. Very inexpensive legal computer services that provide forms that greatly assist in the preparation of
Answers to Complaints and other pleadings.
B. Relatively expensive computer services that provide access to extensive legal research databases.
C. Computer services that provide a massive index to articles in medical periodicals.
D. Found in the National Reporter Blue Book.
39. Which of the following is primary authority?
A. Ballentine's Law Dictionary.
B. Words and Phrases.
40. Which of the following is non-authority?
A. Shepard's Citations.
B. Pacific Digest.
C. A case that has been reversed on appeal.
D. Each of the above, A, B and C, is non-authority.
Business Law Multiple Choice Questions
1) Which of the following statements is false?
A) Notice must be given for directors meetings
B) The solicitation of proxies is governed by the Securities and Exchange Commission
C) Shareholders may vote by proxy
D) Notice must be given for shareholder meetings
E) Directors may vote by proxy
2) The statute that covers the operations of federal agencies is the:
A) The Delegated Powers Administration Act
B) The Administrative Agency Execution Act
C) The Administrative Procedure Act
D) The Federal Agency Conduct Act
E) Agency Enforcement Act
3) The Hart-Scott-Rodino Antitrust Improvement Act led to rules requiring:
A) that certain activities are classified as per se violations
B) that mergers be allowed if United States competitiveness in world markets is improved
C) that violators of antitrust laws be liable for treble damages
D) that failing companies be rescued through mergers whenever possible
E) that the Federal Trade Commission and the Justice Department be notified in advance of any merger involving certain firms
4) Where a landowner seeks permission to build a structure that does not comply with the current zoning regulations applicable to the land in question, the landowner would seek an:
B) Nuisance permit
C) Covenant exemption
D) Nonconforming use permit
E) Taking compensation
5) Which of the following is not one of the parties to a standard life insurance contract?
B) Insurance broker
D) Insurance company
6) Which of the following must occur upon the conclusion of the winding-up process of a limited partnership?
A) A certificate of cancellation must be filed with the secretary of state in the state of organization.
B) To protect their limited liability, the limited partners must give notice of the termination of the partnership to those parties with whom the partnership has dealt.
C) The general partners must post a bond to cover potential claims against the partnership.
D) The limited partners must receive their capital investment before the general partners receive theirs.
7) The board of directors of Sunny Corporations votes 9-2 to require all future actions by the shareholders to be approved by a two-thirds majority. This action is:
A) valid, and would have been valid also with a vote of 6-5
B) valid, as long as the two dissenting directors properly registered their dissent
C) invalid because the board of directors does not have the power to decide this
D) valid, but would not have been valid if the vote had been 6-5
E) invalid because supramajority requirements are not permissible
8) Lynda is a member of a manager-managed LLC but is not a manager. However, Lynda has considerable expertise in the business of the LLC . Lynda assisted the managers for the first couple of years of the LLCs existence without any difficulties. During the third year, Lynda began to challenge some of the decisions made by the managers who had begun to shut Lynda out of most decisions. Lynda demands that as a member of the LLC she be allowed to participate in its management and that she be compensated for the services she is providing. In the case:
A) Lynda will be allowed to participate, but is not entitled to any compensation
B) Lynda cannot demand a continued management role, but is entitled to compensation for the services already delivered
C) Lynda is not entitled to participate in management, nor is she entitled to compensation
D) Lynda will be allowed to participate in management and is entitled to compensation
10) Which of the following statutes places an affirmative duty on employers to bargain in good faith with unions?
A) The Norris-LaGuardia Act
B) The National Labor Relations Act
C) The Labor-Management Relations Act
D) The Worker Adjustment and Retraining Notification Act
E) The Labor-Management Reporting and Disclosure Act
11) Which of the following is true about the contract exception to the employment atwill doctrine?
A) It applies only if the employee who is wrongfully terminated is unable to find alternative employment
B) The exception applies only where an attempted termination by the employer would be a violation of a statute
C) The exception can apply based on the conduct of the parties or statements made by the employer or its agent
D) In order to apply, there must be an express written contract specifying the terms of employment
E) In order to apply, there must be an express written contract specifying the terms of employment and the contract must state that the employee is not an at-will employee
12) When is an agent liable for a tort committed by the principal?
A) When the tort was committed with the scope of the agency
B) When the agent ratifies the action
C) When the agency is undisclosed
D) When the agent has aided or abetted the principals tortuous conduct
E) Both A and D
13) Robert was the president of JKL, Inc. JKL intended to purchase Target Co. JKLs intent was not public information, and when it became public. Targets stock would increase significantly in value. Robert individually bought 1,000 shares of Target Co. Ten months later, when the merger was publicly announced, Robert sold Targets stock and made a large profit. Assuming that Robert is guilty of a violation under the 1934 Securities and Exchange Act, what are the possible consequences?
A) The government could charge Robert with criminal violations, leading to fines and/or imprisonment
B) The persons who sold Robert the stock could sue Robert for damages
C) The persons who sold Robert the stock could rescind the sale and recover their stock
D) A, B, and C
E) B and C only
14) Nicole is president of the Blue Valley Credit Card Company. Nicole is concerned with the liability of the company for any use of the Blue Valley cards it has issued. Which of the following statements regarding credit cards is false?
A) If a credit card is stolen, and the cardholder notifies the company of the theft before any unauthorized charges are made, the holder is not liable for any unauthorized charges.
B) A credit cardholder is liable only for up to $50 of unauthorized charges if his card is stolen.
C) A customer must apply for a credit card before Blue Valley may issue a card.
D) If a purchaser buys a faulty product with a credit card, the purchaser may withhold payment to the credit card company until the dispute is settled.
15) Which of the following is true in a typical franchise situation?
A) A franchisee can be found liable for misappropriating trade secrets even if the item has no patent or trademark protection
B) Trade secrets are generally protected under federal law
C) A franchisee granted a license to use a trademark cannot be found guilty of trademark infringement
D) Trademarks and service marks are sold to the franchisee
16) In an agency for a fixed term, such as 1 year, prior to the end of the stated period, the agent has:
A) the right, but not the power, to terminate the arrangement
B) the power, but not the right, to terminate the arrangement
C) both the power and the right to terminate the arrangement
D) neither the power nor the right to terminate the arrangement
17) Recording statutes for real property:
A) guarantee that buildings meet certain minimum standards as far as condition goes
B) allow potential buyers to check whether there are any liens or mortgages on a piece of property
C) eliminate the need to acquire title insurance because the chain of title can be traced
D) are optional in most parts of the country
18) Which of the following is not required of a states compliance plan for a nonattainment area?
A) Provision of adequate state funding for the installation of pollution control equipment
B) Required installation of pollution control equipment on major sources
C) Implementation of an inspection system for mobile sources
D) Identification of major sources of air pollution
19) Which of the following is true about general principles of law as a source of international law?
A) The general principles in a given dispute can include legal principles from any nation with a developed legal system
B) The general principles must come from constitutions or statutes
C) The general principles refer to principles that both common law legal systems and principles can be used as a basis to settle the dispute
D) The general principles must be part of the law of each nation that is party to the dispute
20)Aaron, after a long and distinguished career at a nuclear weapon plant in the plutonium storage department , is hired by a local company to work in its warehouse. Aaron skin has turned bright green form the years around the plutonium, but he is otherwise healthy and is not , himself, radioactive in any way. All scientific and health experts have determine that this condition is permanent, but harmless. After working in the warehouse , Aaron is not promoted, and Aaron believe its his green skin. Which of the following, if it is true and is the reason Aaron is not promoted, would give Aaron the best chance of prevailing if Aaron sues his employer because he was not promoted.
A) A) Supervisor need to understand the computerized inventory system and Aaron did not, despite his attempt to understand it.
B) A black worker was promoted because the black worker has worked longer for the employer, and promotion were made on the basis of seniority.
C) Aaron has told his boss he was gay and this was the reason he did not get promoted
D) A white worker was promoted because the white worker was simply a better warehouseman
E) Despite the opinion of expert, some of the people that Aaron would be supervising thought he had some kind of disability and therefore did not want to work for him.
21) Edward's warehouse stores a variety of generic goods for several distributor in Anytown. Which of the following describes Edward's liability for bail good should something happen to them.
A) Strict Liability
B) Comparative liability
C) Ordinary negligence
D) Ordinary negligence
22) The Resource Conservation and Recovery Act address:
A) the transportation, storage and disposal of hazardous waste
B) export limitation on product that cause significant pollution in their manufacture
C) energy efficiency standards for specified products.
D) mandatory recycling program for certain specified substance
E) the cleanup of hazardous waste site