Purdue PA106 Final Exam Latest 2019 July

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:

At the beginning of the trial

Before the jury is impaneled

Immediately before jury deliberation

None of the above

Question 9 A response to a request for admission contains facts of the case that the judge may either accept or reject.

Question options:

                True

                False

Question 10 Real property held for the benefit of another is called:

Question options:

In rem property

Trust property

Probate property

None of the above

Question 11 Testimony that is taken under sworn oath during the pretrial portion of the lawsuit is known as:

Question options:

Interrogatories

Discovery

Depositions

Preliminary hearing

Question 12 The principal of the sudden emergency doctrine may excuse an individual from liability.

Question options:

                True

                False

Question 13 The state statute that permits state’s courts to take jurisdiction over a nonresident is known as:

Question options:

Concurrent statutes

Long arm statutes

Lis pendens

Federal Tort Act

Question 14 The initial pleading in a civil action in which plaintiff alleges a cause or causes of action is a:

Question options:

Counterclaim

Response

Cross-action

Complaint

Question 15 Which of the following is not a testamentary instrument?

Question options:

A codicil

A trust

A will

A covenant

Question 16 Bigamy is a civil litigation matter.

Question options:

                True

                False

Question 17 State statutes that require certain types of contract be placed in writing before they become enforceable are known as:

Question options:

Statute of frauds

Statute of convenience

Statute of repudiation

None of the above

Question 18 When a court substitutes a less severe punishment for a harsher punishment, the court engages in:

Question options:

Commutation of sentence

Probation

Lesser degree offense

Equitable justice

Question 19 Money paid by one parent to the other for the purpose of children is known as alimony.

Question options:

                True

                False

Question 20 Federal and state laws that prescribe the maximum time during which different types of civil actions and criminal prosecutions can be brought are known as:

Question options:

Substantive law

Verification

Statute of limitations

Subject matter jurisdiction

Question 21 A judgment on the pleadings can be issued only after the case has been fully litigated.

Question options:

                True

                False

Question 22 Only a judge can determine whether or not a jury is hung.

Question options:

                True

                False

Question 23 A joint tenancy is an estate in land or in personal property held by two or more persons jointly, with rights of survivorship.

Question options:

                True

                False

Question 24 The degree of proof needed to convict a person of the crime is:

Question options:

Preponderance of the evidence

Clear and convincing proof

Proof beyond a reasonable doubt

A scintilla of evidence

Question 25 Larceny is a crime of taking personal property, without consent with the intent to convert it to the use of someone else other than the owner of the property through the use of force or fraud.

Question options:

                True

                False

Question 26 The legal contract between the owner of real property and a real estate agent for the purpose of selling property is known as:

Question options:

Business contract

Recording contract

Listing contract

Restrictive contract

Question 27 Extortion is a willful and malicious burning of building.

Question options:

                True

                False

Question 28 Restitution is a type of remedy that may only be sought under contract law.

Question options:

                True

                False

Question 29 A person’s Miranda rights are not violated if:

Question options:

The suspect is incarcerated

The suspect is not under arrest

The suspect is interviewed by the prosecutor

The suspect is a juvenile

Question 30 Courts may allow the parties to amend their pleadings for the purpose of:

Question options:

Correcting any errors on the pleadings

Withdrawing the plaintiff’s petition

Request for preliminary hearing

None of the above

Question 31 Intestate laws are governed by the Uniform Commercial Code.

Question options:

                True

                False

Question 32 What type of hearing determines whether or not probable cause exists to formally accuse a person of a crime?

Question options:

A preliminary hearing

An adjudicative hearing

An administrative hearing

None of the above

Question 33 The degree of proof required in most civil cases for the plaintiff to prevail is called:

Question options:

Judgment on the evidence

Clear and convincing proof

Preponderance of the evidence

Beyond a reasonable doubt

Question 34 The right of a divorced parent who does not have custody of his child to visit the child at such times and places as the court may order:

Question options:

Merger

Equitable distribution

Emancipation

Visitation rights

Question 35 The holographic will is an oral will made by a testator during his last illness, which is later reduced to writing by a person who witnessed the declaration.

Question options:

                True

                False

Question 36 The exclusionary rule is a rule that:

Question options:

Prohibits the victim’s family members in the courtroom

Prohibits the introduction of certain evidence

All of the above

None of the above

Question 37 Service of process is:>

Question options:

The filing of pleadings

The delivery of legal documents [pleadings, usually]

Passage of time before a lawsuit can be filed

The manner in which actions begin

Question 38 Solemnization of the marriage is a ceremony involving common law marriages.

Question options:

                True

                False

Question 39 Leading questions are never allowed of any witnesses by the examining attorney.

Question options:

                True

                False

Question 40 In a trial de novo, the court determines which party may present new evidence.

Question options:

                True

                False

Question 41 When two courts have the power to adjudicate the same manner, or same type of cases, the courts are deemed to have:

Question options:

Equitable jurisdiction

Concurrent jurisdiction

Conflict of interest

Constitutional jurisdiction

Question 42 The types of damages that may be awarded in a tort claim are:

Question options:

Compensatory damages

Punitive damages

Actual damages

All of the above

Question 43 The only party that can engage in discovery procedures such as interrogatories or depositions is the plaintiff.

Question options:

                True

                False

Question 44 Service of process is the delivery of the summons, complaint, or other processes to the opposing party or other persons entitled to receive such documents. Service may be accomplished by:

Question options:

Mail

Publication

In person

All of the above

Question 45 Process by which an action is commenced in a civil case is known as:

Question options:

Petition

Service

Summons

All of the above

Question 46 The act of creating the relationship of parent and child between persons who do not naturally share that relationship:

Question options:

Custody

Fraternity

Adoption

Maintenance

Question 47 A verified complaint is a self-contained pleading that sets forth the cause of action.

Question options:

                True

                False

Question 48 Conspiracy to commit a crime is not a crime unto itself.

Question options:

                True

                False

Question 49The chain of title of real property reveals the succession of transactions that trace the change of ownership of real property. The chain of title may be proven by:

Question options:

Adverse possession

Abstract title

Conveyences

Warranty deed

Question 50The type of contract that is imposed by the law in order to prevent unjust enrichment is called:

Question options:

Quasi contract

Reformation

Requirement contract

None of the above

Question 51An enforceable contract is one that can be put into effect and may take the form of:

Question options:

An oral contract

An implied contract

A written contract

All of the above

Question 52The legal principle that a person who knows and deliberately exposes herself or himself to danger is known as:

Question options:

Assumption of risk

Negligence

Absolute liability

Breach of duty

Question 53A remainder and a reversion are forms of:

Question options:

Easements

Future interest

Covenants

None of the above

Question 54 A testamentary gift may be accomplished without a will.

Question options:

                True

                False

Question 55 Annulment of a marriage is when a court declares the marriage is void and that it never existed.

Question options:

                True

                False

Question 56 If a letter is addressed to “John Doe, Esq.”, the letter’s salutation should be “Dear Esq. Doe”.

Question options:

                True

                False

Question 57 A promisor’s duty to perform the terms of a contract may be extinguished due to:

Question options:

Liquidated damages

Lack of meeting of the minds

Lapse

Lack of meeting of the minds and Lapse

None of the above

Question 58 The executor of the Will does NOT have the power to:

Question options:

Pay the estate’s bills

Dispose of the estate’s property

Arrange for funeral services

Determine the amount to be paid for child support

Question 59 In a product liability lawsuit, which of the following factors must occur?

Question options:

The injured party must have purchased the product.

The purchased product must have caused the injury.

The purchase product must lack warranty labels.

None of the above.

Question 60 Under the Uniform Commercial Code, only real property may be subject to a lease.

Question options:

                True

                False