Final Exam
Intro to Paralegal Studies
Fall 2014
1. “Pixar Studios” can best be described as:
a. An arbitrary mark
b. A fanciful mark
c. A descriptive mark
d. All of the above
2. “Teradyne” can best be described as:
a. An arbitrary mark
b. A fanciful mark
c. A descriptive mark
d. All of the above
3. At common law, ___________________ is the breaking and entering into the dwelling home of another during
the night with the intent to commit a felony or larceny therein.
a. Larceny
b. Arson
c. Embezzlement
d. Burglary
4. Subject Matter Jurisdiction is defined as:
a.
b.
c.
d.
The power of the court to decide a given type of case.
The power of the court to bind the defendant to a judgment it renders.
The power of the court to extradite a litigant for purposes of service of process
None of the above.
5. Personal Jurisdiction is defined as:
a.
b.
c.
d.
The power of the court to decide a given type of case.
The power of the court to bind the defendant to a judgment it renders.
The power of the court to extradite a litigant for purposes of service of process.
None of the above.
6. At common law, the crime of rape could not be committed by a woman.
a. True
b. False
7. At common law, a husband can be guilty of raping his wife.
a. True
b. False
8. With respect to equal protection, laws that treat people differently on the basis of race are reviewed under the
______________ standard.
a. Strict Scrutiny
b. Rational Basis Scrutiny
c. Intermediate Scrutiny
d. None of the above
9. With respect to equal protection, laws that treat people differently on the basis of gender are reviewed under the
______________ standard.
a. Strict Scrutiny
b. Rational Basis Scrutiny
c. Intermediate Scrutiny
d. None of the above
10. With respect to equal protection, laws that treat people differently on the basis of economic status are reviewed
under the ______________ standard.
a. Strict Scrutiny
b. Rational Basis Scrutiny
c. Intermediate Scrutiny
d. None of the above
11. The lack of subject matter jurisdiction can be raised as a defense by a litigant _______________________.
a. At any time
b. Only after summary judgment has been granted
c. Only on appeal
d. Never
12. A party __________________ waive a court’s lack of subject matter jurisdiction.
a. may never
b. must always
c. may sometimes
d. None of the above
13. When a stakeholder is holding funds or something to which there are multiple claims or potential claimants, the
Plaintiff may file an ________________________ to have the court determine the rights of those claimants.
a. Interpleader action
b. Impleader action
c. Class action
d. None of the above
14. Larceny is the ____________ and carrying away of the personal property of another with the intent to
permanently deprive the possessor of the property.
a. Permissive
b. Unintentional
c. Quasi in rem
d. Trespassory
15. __________ Property is not the subject of larceny law.
a. Personal
b. Both (a) and (c)
c. Real
d. None of the above.
16. The primary distinction between the crimes of “larceny” and “false pretenses” is:
a. The value of the property that was obtained
b. The criminal history of the accused
c. Whether or not title was obtained
d. The burden of proof on the prosecution as to each element of the crime.
17. The pleading used to initiate a case in court is an ex parte application.
a. True
b. False
18. The case of International Shoe v. Washington, 326 U.S. 310 (1945), primarily dealt with:
a. The ability of a court to compel discovery
b. The ability of a court to sanction a litigant for failure to testify in a criminal proceeding
c. The ability of a court to assert personal jurisdiction over litigants.
d. All of the above
19. The First Amendment protects individuals against unreasonable searches and seizures.
a. True
b. False
20. Extra Credit Essay:
Dawn lives in an apartment with her dog Fluffy and her boyfriend Bill. A year ago Bill
began buying and selling illegal drugs.
One day Bill asked Dawn to deliver a plastic bag containing a white powder to a house
on Main Street. Dawn believed the bag contained cocaine and refused, saying, "I wish
you would stop dealing cocaine. I want nothing to do with your dirty business."
Bill flew into a rage. He said, "I am sick and tired of your superior attitude. If you don't
deliver this bag, then I am going to kill Fluffy." He then grabbed the dog and held a
knife against its side until Fluffy began to squeal.
Afraid for Fluffy’s well-being, Dawn agreed to deliver the bag and its contents. She put
the bag in her purse, got into her car, and drove towards Main Street. She drove very
carefully and within the posted speed limit to avoid getting stopped by the police. As
she approached Main Street, a two-year-old boy, Victor, darted out in front of Dawn's
car. Her car struck Victor before she had a chance to apply her brakes. Victor was
killed immediately by the impact.
While still at the accident scene, the police arrived and arrested Dawn. In searching her purse they discovered the
white powder. Chemical analysis revealed that the white powder was cocaine. It turns out the cocaine, as well as
Dawn’s purse, was stolen from a third party.
With what crimes may Dawn be charged? Discuss.