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Exam (elaborations)

TEWLS 410 Exam Questions and Answers with Complete Solution

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TEWLS 410 Exam Questions and Answers with Complete Solution

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TEWLS 410 Exam Questions and Answers with
Complete Solution
TEWLS 410 Exam: 100 Questions and Answers

1. What is the primary source of law in the United States?
A. Executive Orders
B. The U.S. Constitution ✓
C. Congressional Statutes
D. Common Law

2. The principle of stare decisis refers to:
A. The power of judicial review.
B. The right to a speedy trial.
C. The obligation of courts to follow precedents. ✓
D. The process of enacting legislation.

3. Laws enacted by legislative bodies at any level of government are known as:
A. Ordinances
B. Statutes ✓
C. Regulations
D. Executive Orders

4. The division of governing power between the federal government and the states is known
as:
A. Separation of Powers
B. Federalism ✓
C. Checks and Balances
D. Judicial Review

5. The first ten amendments to the U.S. Constitution are collectively known as:
A. The Preamble
B. The Articles of Confederation
C. The Bill of Rights ✓
D. The Due Process Clause

6. Which amendment protects freedom of speech, religion, and the press?
A. First Amendment ✓
B. Second Amendment

,C. Fourth Amendment
D. Fifth Amendment

7. The legal concept that a person cannot be deprived of life, liberty, or property without an
opportunity to be heard is:
A. Equal Protection
B. Due Process ✓
C. Federalism
D. Stare Decisis

8. What is the primary function of the judicial branch?
A. To enforce laws
B. To make laws
C. To interpret laws ✓
D. To veto laws

9. A law that treats individuals or groups differently based on race would be subject to:
A. Rational basis review
B. Intermediate scrutiny
C. Strict scrutiny ✓
D. Procedural review

10. The "Commerce Clause" in the U.S. Constitution gives Congress the power to regulate:
A. Interstate commerce ✓
B. State criminal law
C. Local zoning
D. International treaties

11. In a civil lawsuit, the party who initiates the legal action is the:
A. Defendant
B. Plaintiff ✓
C. Respondent
D. Appellant

12. The standard of proof required in a criminal case is:
A. Preponderance of the evidence
B. Beyond a reasonable doubt ✓
C. Clear and convincing evidence
D. Probable cause

,13. The standard of proof required in a typical civil case is:
A. Preponderance of the evidence ✓
B. Beyond a reasonable doubt
C. Clear and convincing evidence
D. Probable cause

14. A court's authority to hear and decide a case is known as:
A. Venue
B. Jurisdiction ✓
C. Standing
D. Discovery

15. The process where each party obtains evidence from the other party before trial is called:
A. Discovery ✓
B. Pleading
C. Summons
D. Voir Dire

16. The initial pleading in a lawsuit that states the plaintiff's claims is the:
A. Answer
B. Complaint ✓
C. Summons
D. Motion to Dismiss

17. A decision by a court that ends a lawsuit before a trial is called:
A. Summary Judgment ✓
B. Default Judgment
C. Directed Verdict
D. Arbitration

18. The questioning of prospective jurors is known as:
A. Discovery
B. Cross-examination
C. Voir Dire ✓
D. Direct Examination

19. A tort is best defined as a:
A. Breach of contract
B. Violation of a statute

, C. Civil wrong that causes harm ✓
D. Criminal offense

20. What are the three primary categories of torts?
A. Civil, Criminal, Statutory
B. Intentional, Negligent, Strict Liability ✓
C. Misdemeanor, Felony, Infraction
D. Libel, Slander, Defamation

21. The key element of negligence is:
A. Intent to harm
B. Breach of a duty of care that causes damages ✓
C. A violation of a statute
D. Strict liability

22. The defense in a negligence case where the plaintiff is partially at fault for their own injury
is:
A. Assumption of Risk
B. Contributory Negligence ✓
C. Comparative Negligence
D. Immunity

23. A false statement of fact that harms a person's reputation is:
A. Assault
B. Battery
C. Defamation ✓
D. False Imprisonment

24. What is required for a contract to be valid?
A. Offer, Acceptance, Consideration, Legality, Capacity ✓
B. Offer, Acceptance, Notarization, Payment
C. Intent, Consideration, A written document
D. Mutual Assent, Legality, A handshake

25. Consideration in contract law is defined as:
A. Something of legal value exchanged between the parties ✓
B. The kindness of the parties
C. The written document itself
D. The court's review of the contract

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