Purdue PA106 All Quizzes Latest 2019 July

PA106 Legal Terminology and Transcription

Unit 1 Quiz

Question 1The person who brings a lawsuit is called a:

Question options:

d. All of the above

c. Party

b. Claimant

a. Petitioner

Question 2 The county or judicial district in which a case should be tried is:

Question options:

d. Class action

c. Caption

b. Deposition

a. Venue

Question 3 The initial pleading in a civil action in which plaintiff alleges a cause of actions is:

Question options:

d. Complaint

c. Cross-action

b. Response

a. Counterclaim

Question 4 A written statement submitted to the court to persuade it as to the correctness of a party’s positions is:

Question options:

d. Verification

c. Bill of particulars

b. Interrogatory

a. Memorandum of law

Question 5 A means for providing a party with access to facts that are within the knowledge of the other side and to enable the party to better try the case is:

Question options:

d. Equitable action

c. Injunction

b. Discovery

a. Diversity

Question 6 Which of the following is false?  A deposition is:

Question options:

d. Transcribed by a court reporter

c. Conducted by the judge

b. A formal means to find out information

a. Part of the discovery process

Question 7 A motion whose purpose is to dispose the lawsuit without further proceedings:

Question options:

d. Motion for summary judgment

c. Motion of expunge

b. Motion to intervene

a. Motion for particulars

Question 8 A party may request a change of venue because:

Question options:

d. The judge is ill

c. The witnesses are located out of state

b. The respondent will not receive a fair trial

a. It is convenient to try the case elsewhere

Question 9 Service of process is:

Question options:

d. The manner in which actions begin

c. Passage of time before a lawsuit can be filed

b. The delivery of legal documents

 

a. The filing of pleadings

Question 10 The pleadings are:

Question options:

d. All of the above

c. Demands

b. Accusations

a. Allegations

 

PA106 Legal Terminology and Transcription

Unit 2 Quiz

Question 1 Arbitration, conciliation, mediation, and mini-trials are speedier and less costly methods for resolving disputes than going to court. These are examples of:

Question options:

Certiorari

Impaneling a jury

Voir dire

Alternative dispute resolution

Question 2 A prospective juror whom a party decides is unqualified or unacceptable may be challenged for cause or may be the subject of a peremptory challenge during:

Question options:

An out-of-court settlement

Voir dire

Oral argument

Jury instructions

Question 3 A trial that has been terminated by a judge prior to its conclusion because of a hung jury or prejudicial error is called:

Question options:

A mistrial

Arbitration

Alternative dispute resolution

Confession of judgment

Question 4 The process by which a higher court reviews the decision of a lower court is called an appeal.

Question options:

                True

                False

Question 5 The process by which a higher court is requested by a party to a lawsuit to review the decision of a lower court is:

Question options:

An amicus curiae

An appeal

A peremptory challenge

A challenge for cause

Question 6 The ending of a lawsuit by agreement is called:

Question options:

Settlement

Appeal

Court order

Judgment

Question 7 A group of people selected to determine the truth of a matter is called:

Question options:

Court of appeals

Mediator

Jury

Expert witness

Question 8 The ending of a trial by agreement is:

Question options:

mistrial

verdict

appeal

settlement

Question 9 Any papers or things offered in evidence and marked for identification are called:

Question options:

Expert witnesses

Oral arguments

Exhibits

Amicus curiae

Question 10 The duty of establishing the truth of a matter or the duty of proving a fact that is in dispute is called:

Question options:

Dismissal

Exhibit

Jury

Burden of proof

 

PA106 Legal Terminology and Transcription

Unit 3 Quiz

Question 1 A lesser included offense is a criminal act within the crime for which a defendant has been indicted and for which the defendant may be convicted, so long as he is not convicted of the more serious offense and this is not considered double jeopardy.

Question options:

                True

                False

Question 2 The Miranda rule is based on:

Question options:

U.S. Constitution

Common law

Criminal law

Police officer oath to enforce the law

Question 3 A non consensual touching is often referred to as ____________________.

Question options:

Battery

Probate

Writ

Summons

Question 4 The act of bringing an accused before a court to answer a criminal charge is:

Question options:

Arraignment

Plea bargain

Grand jury

Trial

Question 5 Indictment is a charge by a grand jury based on:

Question options:

Witnesses that are cross examined

Defendant’s ability to present witnesses

Defendant’s legal memorandum of law

None of the above

Question 6 In order to prove aiding and abetting, the following element(s) must be shown:

Question options:

A criminal act

More that one person

Mens rea

All of the above

Question 7

The detention of a person is:

Question options:

A frisk

A search

An Arrest

All of the above

Question 8

The customary means of securing the release from custody of a person charged with a criminal offense is:

Question options:

A trial

An indictment

A search and seizure

A bail

Question 9

The state of mind that is required to commit a crime:

Question options:

In rem

Mens rea

Corpus delicti

Modus operandi

Question 10 At a preliminary hearing, the prosecutor decides whether the defendant will stand trial.

Question options:

                True

                False

 

PA106 Legal Terminology and Transcription

Unit 4 Quiz

Question 1 The types of remedy recoverable in a tort action as financial reparation for an injury or wrong is:

Question options:

Damages

Rehabilitation

Injunction

Avoidance

Question 2 The plaintiff must prove negligence when alleging injury resulting from an unreasonably dangerous defective product.

Question options:

                True

                False

Question 3 The failure by the plaintiff to exercise reasonable care which in part caused the injury is:

Question options:

Intentional

Avoidance

Contributory negligence

Product liability

Question 4 The rule of negligence law by which a defendant is held liable to a plaintiff who negligently placed himself in peril, but the defendant did not act reasonably afterwards is:

Question options:

Contributory negligence

Last clear chance doctrine

Res ipsa loquitir

No fault case

Question 5 Supervening act is an additional event that occurs subsequent to the original negligence and becomes the proximate cause of injury.

Question options:

                True

                False

Question 6 Defamation includes:

Question options:

Fraud

Conversion

Libel

Battery

Question 7 Gross negligence is a basis for:

Question options:

Injunctive relief

Avoidance

Punitive damages

Dismissal of complaint

Question 8 Negligence per se is determined by:

Question options:

The judge

The jury

A law

The U.S. Supreme Court

Question 9 A bank teller is counting up the money at the end of the day. Not having enough money to go the movies, the teller slips $20 into his pocket, believing he will replace it the next day. This is called:

Question options:

Attractive nuisance

Product liability

Conversion

Reasonable person

Question 10 There are various types of damages that are recoverable in tort actions. The type of damage that attempts to cover the loss incurred by the injury or wrong is:

Question options:

Actual

Compensatory

Both actual and compensatory

None of the above

 

PA106 Legal Terminology and Transcription

Unit 6 Quiz

Question 1An addition or supplement to a will:

Question options:

Must be done within 60 days after the original is signed

Can only be created by the court

Is an executory will

Is a codicil

Question 2 A probate court may deal with

Question options:

Intestate succession

Enforcement of a will’s devise

Distribution of assets

All of the above

Question 3 The personal representative of a decedent’s estate could be the

Question options:

court clerk

executor/executrix

state attorney

all of the above

Question 4 A living trust is also called:

Question options:

Intestate trust

Inter vivos trust

Self-executing trust

Constructive trust

Question 5 A person who observes the signing of a will is the:

Question options:

trustee

attesting witness

probate officer

none of the above

Question 6 All persons who receive bequests in a will are

Question options:

beneficiaries

testators

trustees

Question 7 A trustee ad litem is appointed by:

Question options:

The beneficiaries to a will

The testator

The court

The next of kin

Question 8 A nuncupative will is:

Question options:

A will made before ordained religious persons

A deathbed oral will

A will made as a result of a divorce proceeding

A will objected to by a person claiming to be a beneficiary

Question 9 Testamentary capacity is a term referring to the mind of a person who is sane and competent to understand the facts.

Question options:

                True

                False

Question 10 A holographic will is:

Question options:

Not valid

Must be witnessed

May be typed and signed by testator

None of the above

 

PA106 Legal Terminology and Transcription

Unit 7 Quiz                                         

Question 1 Contracts must contain five basic elements to be enforceable by law: offer, acceptance, competent parties, consideration, and lawful purpose.

Question options:

                True

                False

Question 2 Partnerships require at least four or more people that agree to carry on a business.

Question options:

                True

                False

Question 3 The revocation of an offer means that the offeror has withdrawn the offer before it has been accepted.

Question options:

                True

                False

Question 4 A contract induced by fraud is a voidable contract.

Question options:

                True

                False

Question 5 A third-party beneficiary is one of the original parties to a contract.

Question options:

                True

                False

Question 6  The statute that requires certain types of contracts to be in writing is called:

Question options:

Statute of frauds

Adhesion contract

Due process statute

Restitution clause

Question 7

A realtor shows a house to a prospective buyer. When asked about the water ring on the ceiling, the realtor lies and says it was just some artwork the owners drew. This is an example of:

Question options:

Misrepresentation

Unilateral contract

Merger clause

Third party beneficiary

Question 8 A contract not in writing is:

Question options:

Oral

Unenforceable

Void

Incomplete

Question 9 The right of rescission restores the parties to the status quo existing before the contract was entered into.

Question options:

                True

                False

Question 10 In most states, the Uniform Commercial Code (UCC) governs most aspects of commercial transactions.

Question options:

                True

                False

 

PA106 Legal Terminology and Transcription

Unit 8 Quiz

Question 1 Ongoing court-ordered support payments by a divorced spouse, usually made by an ex-husband to his former wife are called:

Question options:

alimony.

child support.

palimony.

curtesy.

Question 2  The act of creating the relationship of parent and child between persons who do not

naturally share that relationship is called:

Question options:

custody.

paternity.

adoption.

maintenance.

Question 3 The act of a court in voiding a marriage for causes existing at the time the marriage was entered into is a(n):

Question options:

divorce.

annulment.

separation.

modification.

Question 4 The field of law relating to domestic matters, such as marriage, divorce, support, custody, and adoption, is known as:

Question options:

Domestic relations

Tort law

Contract law

Divorce Law

Question 5 When property acquired during the marriage is distributed without regard to whose name the property is in, this is known as:

Question options:

Will

Community Property

Alimony

Maintenance

Question 6 True or False:  Adopting a child is the same thing as being a foster parent.

Question options:

                True

                False

Question 7 A person appointed by the court to represent and protect the interests of a minor or incompetent person during litigation.

Question options:

Lawyer

Judge

Guardian ad litem

Foster parent

Question 8 A marriage absolutely prohibited by law.

Question options:

Divorce

Separation

Wedlock

Void Marriage

Question 9 ____________________ are any past due payments such as alimony or child support.

Question options:

Maintenance

Arrears

Prenuptial agreement

Palimony

Question 10 When a spouse loses assistance, companionship, or sexual relations of the other spouse, this is called _____________________.

Question options:

Domestic relations

Wedlock

Loss of consortium

Reconciliation

 

PA106 Legal Terminology and Transcription

Mid Term

Question 1 Service of process is:

Question options:

The filing of pleadings

The delivery of legal documents

Passage of time before a lawsuit can be filed

The manner in which actions begin

Question 2 Which of the following is false? A deposition is:

Question options:

Part of the discovery process

A formal means to find out information

Conducted by the judge

Transcribed by a court reporter

Question 3 The initial pleading in a civil action in which a plaintiff alleges a cause or causes of action is:

Question options:

Counterclaim

Response

Cross-action

Complaint

Question 4 A motion whose purpose is to dispose of a lawsuit without further proceedings is called:

Question options:

Motion for particulars

Motion to intervene

Motion of expungement

Motion for summary judgment

Question 5 An action brought by a party who has been sued against the person who has sued him is called:

Question options:

Counterclaim

Response

Interrogatory

Complaint

Question 6 An answer is:

Question options:

A pleading in response to a complaint

A draft complaint

A third party response

An answerable intent

Question 7 Causes of action are circumstances that give a person the right to bring a lawsuit and to receive relief from a court.

Question options:

                True

                False

Question 8 All of the following are types of claimants except:

Question options:

Petitioner

Challenger

defendant

plaintiff

Question 9 At a preliminary hearing, the prosecutor decides whether the defendant will stand trial.

Question options:

                True

                False

Question 10 A lesser included offense is a criminal act sharing some of the same elements as the crime for which a defendant has been indicted and for which the defendant may be convicted, so long as he is not convicted of the more serious offense and this is not considered double jeopardy.

Question options:

                True

                False

Question 11 The definition of the state of mind that is required to commit a crime is called:

Question options:

In rem

Mens rea

Corpus delicti

Modus operandi

Question 12  The intentional tort of battery is the touching or striking of one person by another and without consent, or by an object put in motion by the tortfeasor with the intention of doing harm or giving offense.

Question options:

                True

                False

Question 13 Which of these is not a felony?

Question options:

Murder

Traffic violation

Robbery

Larceny

Question 14 A misdemeanor is a crime not rising to the level of a felony. In most jurisdictions, misdemeanors are offenses for which the punishment is incarceration for less than a year.

Question options:

                True

                False

Question 15 Probable cause is a mimimal amount of suspicion that a crime has been committed supported by facts that are probably true.

Question options:

                True

                False

Question 16 A definition of robbery is the felonious taking of money or anything of value from the person of another or from his presence, against his will, by force or by putting him in fear including all of the following except:

Question options:

Theft

Embezzlement

Aggravated assault

Abduction

Question 17 The definition of a supervening act (in a negligence case) is an additional event that occurs subsequent to the original negligence and becomes the proximate cause of injury.

Question options:

                True

                False

Question 18 The plaintiff must prove negligence when alleging injury resulting from an unreasonably dangerous defective product.

Question options:

                True

                False

Question 19

The civil standard that is used to determine whether a breach of duty occurred is:

Question options:

Reasonable person

Beyond a reasonable doubt

Clear and convincing evidence

Negligence ab initio

Question 20 Negligence per se is determined by:

Question options:

The judge

The jury

A law

The U.S. Supreme Court

Question 21 The purpose of punitive damages is to make an example of the defendant and to discourage others from engaging in the same kind of conduct in the future.

Question options:

                True

                False

Question 22 The duty of establishing the truth of a matter or the duty of proving a fact that is in dispute is called:

Question options:

Dismissal

Exhibit

Jury

Burden of proof

Question 23 A group of people selected to determine the truth of a matter is called:

Question options:

Court of appeals

Mediator

Jury

Expert witness

Question 24 A prospective juror whom a party decides is unqualified or unacceptable may be challenged for cause or may be the subject of a peremptory challenge during:

Question options:

An out-of-court settlement

Voir dire

Oral argument

Jury instructions

Question 25 Arbitration, conciliation, mediation, and mini-trials are speedier and less costly methods for resolving disputes than going to court. These are examples of:

Question options:

Certiorari

Impaneling a jury

Voir dire

Alternative dispute resolution

Question 26 The ending of a lawsuit by agreement is called:

Question options:

Settlement

Appeal

Court order

Judgment

Question 27 The security given for a defendant’s appearance in court is known as:

Question options:

Incest

Bail

Malice

Extortion

Question 28 The degree of proof needed to convict a person of a crime is:

Question options:

 

Proof beyond a reasonable doubt

Preponderance of the evidence

Clear and convincing proof

A scintilla of evidence

Question 29 The intentional and premeditated killing of a human being is:

Question options:

Murder

Manslaughter

Misdemeanor

Mens rea

Question 30 The willful and malicious burning of a building is called:

Question options:

Larceny

Embezzlement

Arson

Forgery

Question 31

The local newspaper deliberately wrote a false story about a shopkeeper, stating that he was a drunk. This is known as:

Question options:

Libel

Slander

Conversion

Battery

Question 32 To save production costs, the manufacturer of a baby formula deliberately leaves out the iron that is advertised as a major feature of the formula. A baby is fed the formula for several weeks and suffers severe anemia. The baby’s parents hire a lawyer to proceed against the manufacturer after they have the product tested at a lab. The lawyer will most likely recommend a suit based on:

Question options:

Wrongful death

Necessity

Product liability

Contributory negligence

Question 33 Scott Hansen wants to get a lot of money for his 2008 car. He tells the purchaser the car only has 30,000 miles, when in reality it has 130,000 miles. This is an example of:

Question options:

Necessity

Misrepresentation

Infliction of emotional distress

Contributory negligence

Question 34 Fred Hunt approaches an elevator, which stops 6 inches higher than the floor. The elevator has not been serviced in over 10 years. Fred Hunt is in a hurry and is not looking where he is going. Fred trips and is severely injured. Should the matter go to trial, the court will weigh the evidence comparing the negligence of the plaintiff with that of the defendant. This is known as:

Question options:

Last clear chance

Assumption of risk

Comparative negligence

Invasion of privacy

Question 35 A means for providing a party with access to facts that are within the knowledge of the other side, to enable the party to better try the case is:

Question options:

Diversity

Discovery

Injunction

Equitable action

Question 36 A person who brings a lawsuit is the:

Question options:

Defendant

Respondent

Plaintiff

Stenographer

Question 37 A caption is:

Question options:

The heading on a pleading or motion

A cause of action

An affirmation

An action

Question 38

The jurisdiction of a federal court arising from a controversy between citizens of different states is:

Question options:

Jurisprudence

Personal jurisdiction

Diversity jurisdiction

In personam jurisdiction

Question 39 The charge made in writing by a grand jury based upon evidence presented to it, accusing a person of having committed a criminal act, is the:

Question options:

Preliminary hearing

Arrest

Stop

Indictment

Question 40 The rule of constitutional law that evidence secured by the police by means of an unreasonable search and seizure cannot be used as evidence in a criminal prosecution is:

Question options:

Strict liability crimes

Lesser included offense

Exclusionary rule

Beyond a reasonable doubt

 

PA106 Legal Terminology and Transcription

Final Exam

 Question 1 The type of land that lies along the bank of the river or stream and lies along the watershed of the river is known as:

Question options:

Eminent domain

Riparian

Easement

Quiet enjoyment

Question 2 When a subpoena duces tecum is issued, a witness does not have to testify about the documents that are subpoenaed.

Question options:

                True

                False

Question 3 Community property laws create this type of property ownership.

Question options:

Tenancy in common

Joint tenancy

Tenancy in its entirety

Remainder

Question 4 An accessory to a crime is a person who is involved in the crime and who is present at the time of the commission of the crime.

Question options:

                True

                False

Question 5 Only “v” and not “vs” can be used for “versus” in a case name.

Question options:

                True

                False

Question 6 When a person refuses an offer, this is known as:

Question options:

Rejection

Acceptance

Revocation

Termination

Question 7 Nuisance is a basis to file a lawsuit under:

Question options:

Contract law

Family law

Tort law

Constitutional Law

Question 8 The jury will receive jury instructions:

Question options: