Question 1

In Kauffman-Harmon v. Kauffman, when Mr. Kauffman sued his children to have all stock given to them transferred back to him, claiming their possession was only a temporary trust, the court found that:

Accepted Answer

A)   a temporary trust had indeed been created and Mr. Kauffman was the equitable owner of the stock.
B)   Mr. Kauffman was the equitable owner of the stock because the children had participated in a fraud when accepting ownership of the stock.
C)   the children owned the stock because Mr. Kauffman's request for the return of the stock and the subsequent lawsuit came after the statute of limitations had run, so he was barred from recovery.
D)   the children owned the stock and Mr. Kauffman's claims were barred by the clean hands doctrine.

Question 2

The purpose of secondary sources of law is to increase uniformity and fairness across courts in the 50 states.

Accepted Answer

A) True 
 B)False

Question 3

A collection of uniform legal principles focused on a particular area of traditional state law is called ________ of the Law.

Accepted Answer

The answer of A collection of uniform legal principles focused...

Question 4

A presidential veto may be overridden by a two-thirds majority vote of the Senate.

Accepted Answer

A) True 
 B)False

Question 5

The source of bankruptcy law is a combination of:

Accepted Answer

A)   statutory and common law.
B)   constitutional and common law.
C)   statutory and administrative law.
D)   administrative and common law.

Question 6

In Flagiello v. Pennsylvania Hospital, the court had to balance the hospital's negligence against the charitable immunity doctrine to determine whether Flagiello could recover for injuries sustained on the hospital's property. The court determined that:

Accepted Answer

A)   the charitable immunity doctrine was specifically and clearly written, so it was bound to follow the clear intent of the statutory scheme and find for the hospital.
B)   the charitable immunity doctrine had been litigated in the past and stare decisis required that the court adhere to established case precedent and find for the hospital.
C)   current societal norms rendered the charitable immunity doctrine inapplicable to this case and fundamental fairness allowed the court to deviate from established case precedent and find for Flagiello.
D)   the charitable immunity doctrine can be repealed or overturned only by the state's legislature and stare decisis required that case precedent be followed; however, due to the severity of Flagiello's injuries, the charitable immunity doctrine allowed for certain exceptions, permitting Flagiello to recover in this case.

Question 7

Judicial opinions are also known as the ________ of the case.

Accepted Answer

The answer of Judicial opinions are also known as the...

Question 8

A wrongful act may violate civil law or criminal law but cannot violate both simultaneously.

Accepted Answer

A) True 
 B)False

Question 9

Restatements of the Law are written and revised by Congress and state legislatures as needed.

Accepted Answer

A) True 
 B)False

Question 10

Name the three essential functions of the U.S. Constitution.

Accepted Answer

The Constitution addresses three broad a...

Question 11

When a Pennsylvania appellate court makes a decision, stare decisis requires that Delaware trial courts follow the case precedent when a case with a similar fact situation arises.

Accepted Answer

A) True 
 B)False

Question 12

A statute of limitations that most appropriately falls under the equitable maxim is:

Accepted Answer

A)   the clean hands doctrine.
B)   substance over form.
C)   remedies at law are preferred over remedies in equity.
D)   equity aids the vigilant.

Question 13

Most states have separate courts of law and equity.

Accepted Answer

A) True 
 B)False

Question 14

Legal realism is the oldest form of American jurisprudence; it was founded during the American Revolution and forms the basis for the U.S. Constitution.

Accepted Answer

A) True 
 B)False

Question 15

All statutes have a statutory scheme, but not all statutes have a legislative history.

Accepted Answer

A) True 
 B)False

Question 16

The clean hands doctrine is most specifically applied to:

Accepted Answer

A)   primarily plaintiffs.
B)   primarily defendants.
C)   both plaintiffs and defendants equally.
D)   the judge and jury deciding the case.

Question 17

Which of the following, from highest to lowest, properly demonstrates preemption?

Accepted Answer

A)   federal common law; federal statutes; U.S. Constitution
B)   state statutory law; federal common law; federal administrative law
C)   state common law; state administrative law; state statutory law
D)   federal administrative law; federal common law; state statutory law

Question 18

The Uniform Commercial Code has been adopted in every state except:

Accepted Answer

A)   California.
B)   Mississippi.
C)   Louisiana.
D)   Iowa.

Question 19

Joshua is a highly accomplished soccer player and a successful coach. He is often hired by other coaches to run soccer clinics and soccer camps for their teams. If Joshua decides to incorporate and sell stock to finance the corporation, the area of law that he would need to be aware of with regard to the stock sales would be:

Accepted Answer

A)   securities law.
B)   intellectual property law.
C)   contract law.
D)   antitrust law.

Question 20

The common law is the law that all states follow to avoid confusion and to promote consistency from state to state.

Accepted Answer

A) True 
 B)False

Exam 1: Legal Foundations

The purpose of secondary sources of law is to increase uniformity and fairness across courts in the 50 states.

Correct Answer
verified

A wrongful act may violate civil law or criminal law but cannot violate both simultaneously.

Correct Answer
verified

Restatements of the Law are written and revised by Congress and state legislatures as needed.

Correct Answer
verified

Which of the following, from highest to lowest, properly demonstrates preemption?

Correct Answer
verified

The source of bankruptcy law is a combination of:

Correct Answer
verified

The Uniform Commercial Code has been adopted in every state except:

Correct Answer
verified

The common law is the law that all states follow to avoid confusion and to promote consistency from state to state.

Correct Answer
verified

Correct Answer
verified

The clean hands doctrine is most specifically applied to:

Correct Answer
verified

In Flagiello v. Pennsylvania Hospital, the court had to balance the hospital's negligence against the charitable immunity doctrine to determine whether Flagiello could recover for injuries sustained on the hospital's property. The court determined that:

Correct Answer
verified

All statutes have a statutory scheme, but not all statutes have a legislative history.

Correct Answer
verified

Legal realism is the oldest form of American jurisprudence; it was founded during the American Revolution and forms the basis for the U.S. Constitution.

Correct Answer
verified

Most states have separate courts of law and equity.

Correct Answer
verified

When a Pennsylvania appellate court makes a decision, stare decisis requires that Delaware trial courts follow the case precedent when a case with a similar fact situation arises.

Correct Answer
verified

A statute of limitations that most appropriately falls under the equitable maxim is:

Correct Answer
verified

In Kauffman-Harmon v. Kauffman, when Mr. Kauffman sued his children to have all stock given to them transferred back to him, claiming their possession was only a temporary trust, the court found that:

Correct Answer
verified

Name the three essential functions of the U.S. Constitution.

Correct Answer
verified
The Constitution addresses three broad a...
View Answer

Judicial opinions are also known as the ________ of the case.

Correct Answer
verified

A presidential veto may be overridden by a two-thirds majority vote of the Senate.

Correct Answer
verified

A collection of uniform legal principles focused on a particular area of traditional state law is called ________ of the Law.

Correct Answer
verified

Exam 1: Legal Foundations

The purpose of secondary sources of law is to increase uniformity and fairness across courts in the 50 states.

Correct AnswerverifiedShow Answer

A wrongful act may violate civil law or criminal law but cannot violate both simultaneously.

Correct AnswerverifiedShow Answer

Restatements of the Law are written and revised by Congress and state legislatures as needed.

Correct AnswerverifiedShow Answer

Which of the following, from highest to lowest, properly demonstrates preemption?

Correct AnswerverifiedShow Answer

The source of bankruptcy law is a combination of:

Correct AnswerverifiedShow Answer

The Uniform Commercial Code has been adopted in every state except:

Correct AnswerverifiedShow Answer

The common law is the law that all states follow to avoid confusion and to promote consistency from state to state.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

The clean hands doctrine is most specifically applied to:

Correct AnswerverifiedShow Answer

In Flagiello v. Pennsylvania Hospital, the court had to balance the hospital's negligence against the charitable immunity doctrine to determine whether Flagiello could recover for injuries sustained on the hospital's property. The court determined that:

Correct AnswerverifiedShow Answer

All statutes have a statutory scheme, but not all statutes have a legislative history.

Correct AnswerverifiedShow Answer

Legal realism is the oldest form of American jurisprudence; it was founded during the American Revolution and forms the basis for the U.S. Constitution.

Correct AnswerverifiedShow Answer

Most states have separate courts of law and equity.

Correct AnswerverifiedShow Answer

When a Pennsylvania appellate court makes a decision, stare decisis requires that Delaware trial courts follow the case precedent when a case with a similar fact situation arises.

Correct AnswerverifiedShow Answer

A statute of limitations that most appropriately falls under the equitable maxim is:

Correct AnswerverifiedShow Answer

In Kauffman-Harmon v. Kauffman, when Mr. Kauffman sued his children to have all stock given to them transferred back to him, claiming their possession was only a temporary trust, the court found that:

Correct AnswerverifiedShow Answer

Name the three essential functions of the U.S. Constitution.

Correct AnswerverifiedThe Constitution addresses three broad a...View AnswerShow Answer

Judicial opinions are also known as the ________ of the case.

Correct AnswerverifiedShow Answer

A presidential veto may be overridden by a two-thirds majority vote of the Senate.

Correct AnswerverifiedShow Answer

A collection of uniform legal principles focused on a particular area of traditional state law is called ________ of the Law.

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
The Constitution addresses three broad a...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified