BUSC 185 Legal Terminology Review No. 1

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BUSC 185
• LEGAL REVIEW
1 IN A MAJOR CRIMINAL
ACTION, THE REPORTER
SHOULD OBTAIN THE
CAPTION FROM THE:
• A.
• B.
• C.
• D.
Prosecutor.
Indictment.
Judge.
Exhibits.
B
INDICTMENT
2. WHERE THE COURT MOVES
TO DECLARE A MISTRIAL,
WITHOUT SUCH A MOTION
BEING MADE BY EITHER OF THE
ADVERSE PARTIES, IT IS SAID
TO BE:
A.
B.
C.
D.
Sui Juris.
Sub Judice.
Sua Sponte.
Sub Limine.
C
SUA SPONTE
3. INDICTMENT
A. A hearing to determine whether
there is sufficient evidence to hold a
person accused of a crime.
B. A fact pointing to an inference or
conclusion.
C. Grounds for a suit.
D. An accusation charging a person
with having committed a crime.
INDICTMENT
D. AN ACCUSATION
CHARGING A PERSON
WITH HAVING
COMMITTED A CRIME.
4. ESTOPPEL
A. Suitable or appropriate reason
for accomplishing a specified
object.
B. A bar which prevents a person
from asserting or denying a fact.
C. Equity.
D. To attempt to stop a crime from
being committed.
ESTOPPEL
B. A BAR WHICH PREVENTS
A PERSON FROM
ASSERTING OR DENYING A
FACT.
5. ABSTRACT
A. Condensed form of a record.
B. The judgment roll.
C. A transcript.
D. A sentence of the court.
ABSTRACT
A. CONDENSED FORM OF
A RECORD.
6. ARRAIGNMENT
A. Plea of defendant to the
complaint.
B. Assignment for benefit of
creditors.
C. Another term for arrest of the
accused.
D. Calling the defendant to answer
the charge against him.
ARRAIGNMENT
D.
CALLING THE DEFENDANT
TO ANSWER THE CHARGE
AGAINST HIM.
7. EXECUTOR
A.The administrator of an estate.
B.A person appointed by the will
to carry out its terms.
C.The chief officer of the probate
court.
D.The person appointed by the
court to execute a deed.
EXECUTOR
A PERSON APPOINTED BY
THE WILL TO CARRY
OUT ITS TERMS.
8. LIEN
A.
B.
C.
D.
Allegiance.
A contractor's claim.
A charge on property for
the payment of a debt or
duty.
A security instrument.
LIEN
C. A CHARGE ON
PROPERTY FOR THE
PAYMENT OF A DEBT OR
DUTY.
9. LICENSE
A. A tenancy.
B. An easement.
C. An authority to do certain acts
on lands of another without
possessing any estate or interest
therein.
D. A contract between a private
person and any governmental
agency.
LICENSE
C.
AN AUTHORITY TO DO
CERTAIN ACTS ON LANDS OF
ANOTHER WITHOUT
POSSESSING ANY ESTATE OR
INTEREST THEREIN.
10. GUARDIAN AD LITEM
A. A guaranty; One to whom it is
made.
B. The maker of a guaranty.
C. One to whom ground rent is
payable.
D. A guardian appointed to
represent one in litigation during
the pendency thereof.
GUARDIAN AD LITEM
D. A GUARDIAN
APPOINTED TO
REPRESENT ONE IN
LITIGATION DURING THE
PENDENCY THEREOF.
11. HOLOGRAPHIC WILL
A. A will containing a codicil.
B. A will in the handwriting of
deceased.
C. A will given orally and reduced
to writing by a witness.
D. A will leaving an entire estate
to charity.
HOLOGRAPHIC WILL
B.
A WILL IN THE
HANDWRITING OF
DECEASED.
12. CODICIL
A. Added provision to a will after
its execution.
B. A small fish tail.
C. An officer's return of an
unserved writ.
D. By word of mouth.
CODICIL
A.
ADDED PROVISION TO A WILL
AFTER ITS EXECUTION.
13. CAVEAT EMPTOR
A. The defendant is innocent until
proved guilty
B. Moral turpitude
C. A tender of payment
D. Let the buyer beware
CAVEAT EMPTOR
D.
LET THE BUYER BEWARE
14. ALIMONY PENDENTE
LITE
A. From another point of view.
B. Alimony to be paid during
pendency of suit.
C. Alimony vigorously opposed by
husband.
D. Alimony paid under protest.
ALIMONY PENDENTE LITE
B.
ALIMONY TO BE PAID
DURING PENDENCY OF
SUIT
15. CONTEMPT OF COURT
A. Willful disregard of a court's authority.
B. A judge's opinion regarding a litigant.
C. State of mind of one who has been ruled
against.
D. An act committed out of court but tending to
obstruct justice.
CONTEMPT OF COURT
A.
WILLFUL DISREGARD OF A
COURT'S AUTHORITY
16. FIDUCIARY
A. A sale conditional upon
repurchase by seller.
B. Adjudging the paternity of a
child.
C. A son under paternal control.
D. Partaking of a trust or
confidence; One in whom such
trust or confidence is placed.
FIDUCIARY
D.
PARTAKING OF A TRUST OR
CONFIDENCE; ONE IN WHOM SUCH
TRUST OR CONFIDENCE IS PLACED
17. INTESTATE
A. A judgment or order of court.
B. An officer appointed
temporarily.
C. A person who dies without
leaving a valid will.
D. To hold one as a prisoner.
INTESTATE
C.
A PERSON WHO DIES WITHOUT
LEAVING A VALID WILL
18. CUSTODIA LEGIS
A. In the custody of the law.
B. Custom and practice in the
community.
C. The keeper of the seal.
D. Unwillingness to take a loyalty oath.
CUSTODIA LEGIS
A.
IN THE CUSTODY OF THE LAW
19. COLLATERAL ISSUE
A. Joint inheritance by a brother
and a sister.
B. An account turned over to a
collection.
C. A side issue, not the main one.
D. Resulting from collusion.
COLLATERAL ISSUE
C.
A SIDE ISSUE, NOT THE MAIN ONE
20. CHATTEL MORTGAGE
A. One to whom a mortgage is
made.
B. Mortuary tables by the
Frenchman, Chattel.
C. A mortgage of personal
property.
D. A document evidencing
ownership of certain chateaus in
Switzerland.
CHATTEL MORTGAGE
C.
A MORTGAGE OF PERSONAL
PROPERTY
21. ORAL DEFAMATION
IS:
A. Libel
B. Stare decisis
C. Slander
D. Sabotage
ORAL DEFAMATION
C.
SLANDER
22. STANDING IN THE
PLACE OF THE
CONTRACTING PARTY IS:
A. Riparian owner.
B. Subrogation.
C. Subornation.
D. Societe Anonyme.
STANDING IN THE PLACE
OF THE CONTRACTING
PARTY IS:
B.
SUBROGATION
23. THE RECALLING OF
SOME POWER, AUTHORITY,
OR THING PREVIOUSLY
GRANTED:
A.
B.
C.
D.
Recidivist.
Ratification.
Revocation.
Rescission.
THE RECALLING OF SOME
POWER, AUTHORITY, OR
THING PREVIOUSLY
GRANTED
C.
REVOCATION
24. A CESSATION OF
COHABITATION BY
HUSBAND AND WIFE BY
MUTUAL AGREEMENT
A. Divorce
B. Separation
C. Dissolution
D. Abandonment
A CESSATION OF
COHABITATION BY
HUSBAND AND WIFE BY
MUTUAL AGREEMENT
B.
SEPARATION
25. NAME OF JUDGE OR
JUDICIAL OFFICER WHO
ADMINISTERS PROBATE
COURT:
A.
B.
C.
D.
Probation officer
Probator
Surrogate
Referee
NAME OF JUDGE OR
JUDICIAL OFFICER WHO
ADMINISTERS PROBATE
COURT
C.
SURROGATE
26. A LAW WHICH PROVIDES THAT NO
SUIT CAN BE BROUGHT ON A
CONTRACT WHICH IS NOT IN WRITING
AND SIGNED BY THE PARTY TO BE
CHARGED:
A. Substantive Law
B. Statute of Frauds
C. Statute of Limitation
D. Res Judicata
A LAW WHICH PROVIDES THAT NO
SUIT CAN BE BROUGHT ON A
CONTRACT WHICH IS NOT IN
WRITING AND SIGNED BY THE
PARTY TO BE CHARGED:
B.
STATUTE OF FRAUDS
27.
ONE WHO OWNS
LAND ON THE BANK OF A
RIVER
A.
B.
C.
D.
River rat
Riparian owner
Littoral
Respondeat superior
ONE WHO OWNS LAND ON
THE BANK OF A RIVER
B.
RIPARIAN OWNER
28. A WILL MADE BEFORE
WITNESSES AND AFTERWARDS
REDUCED TO WRITING IS.
A.
B.
C.
D.
Codicil
Holographic will
Nuncupative will
Self-proving will
A WILL MADE BEFORE WITNESSES
AND AFTERWARDS REDUCED TO
WRITING IS.
C.
NUNCUPATIVE WILL
29. BAIL IS SET
CHIEFLY TO
A.
B.
C.
D.
Permit the accused freedom of
movement pending the actual
hearing of the case.
Increase the revenue of the
court.
Encourage rehabilitation of
criminals pending trial.
Give the prosecuting attorney
time to prepare a case against
the accused.
BAIL IS SET CHIEFLY TO
A.
PERMIT THE ACCUSED
FREEDOM OF MOVEMENT
PENDING THE ACTUAL HEARING
OF THE CASE
30. RIGHTS ON LAND
OWNED BY ANOTHER
ARE CALLED:
A.
B.
C.
D.
Easements
Eminent domain
Prescription
Grants
RIGHTS ON LAND
OWNED BY ANOTHER
ARE CALLED:
A.
EASEMENTS
31.
WHICH OF THE
FOLLOWING IS NECESSARY
FOR A WILL TO BE VALID:
– A.
Subscription.
– B.
It must be all in the testator's
handwriting.
– C.
It must be nuncupative.
– D.
The testator must have
contractual capacity at the time he
executes the will.
FOR A WILL TO BE VALID
D.
THE TESTATOR MUST HAVE
CONTRACTUAL CAPACITY AT
THE TIME HE EXECUTES THE
WILL.
32.
A CHECK IS NOT:
A.
B.
C.
D.
A negotiable instrument
Commercial paper
A draft
A promissory note
A CHECK IS NOT
D.
A PROMISSORY NOTE
33. WHICH OF THE
FOLLOWING CRIME
NECESSARILY INVOLVES THE
INTENT TO DEFRAUD?
A.
B.
C.
D.
Larceny
Forgery
Burglary
Robbery
B.
FORGERY
34. PRELIMINARY
EXAMINATION
B. Interrogation of parties in civil suit
A. Criminal proceeding whose transcript
must be prepared within ten days if
defendant is held to answer
C. Questions directed to plaintiff
D. Opening statement by prosecutor in
criminal case
PRELIMINARY
EXAMINATION
A.
CRIMINAL PROCEEDING WHOSE
TRANSCRIPT MUST BE PREPARED
WITHIN TEN DAYS IF DEFENDANT
IS HELD TO ANSWER
35.
A.
B.
C.
D.
TESTATRIX
A witness called by the defendant
One who testifies falsely
Female maker of a will
Trick question asked by an attorney
TESTATRIX
C.
FEMALE MAKER OF A WILL
36.
AN ACTION IN
REPLEVIN HAS FOR ITS
PURPOSE
A.The recovery of personal
property
B.Ejection under eminent
domain
C.Recovery for damages for
personal injury
D.Setting aside the statute of
limitations
AN ACTION IN REPLEVIN
HAS FOR ITS PURPOSE
A.
The recovery of personal
property
37.
WHICH OF THE
FOLLOWING MAY NOT BE
CONSIDERED EVIDENCE IN
A TRIAL:
A.
B.
C.
D.
Testimony of witness
Exhibit and documents
Stipulation of counsel
Closing arguments of counsel
MAY NOT BE CONSIDERED
EVIDENCE IN A TRIAL
D.
CLOSING ARGUMENTS OF
COUNSEL
38. A GIFT OF REAL PROPERTY TO
ANOTHER BY A LAST WILL AND
TESTAMENT IS LEGALLY CALLED A:
A.
C.
Bequest
Legacy
B. Bailment.
D. Devise.
A GIFT OF REAL PROPERTY TO
ANOTHER BY A LAST WILL AND
TESTAMENT IS LEGALLY CALLED A:
D.
DEVISE
39.
WHICH ONE OF THE
FOLLOWING IS A TORT:
A.
B.
C.
D.
Libel and slander
Breach of contract
Divorce
Murder
THE FOLLOWING IS A
TORT:
LIBEL AND SLANDER
40. A CREDIT DEVICE TO
BORROW MONEY ON THE
SECURITY OF PROPERTY:
A.
B.
C.
D.
Mortgage
Bailment
Guaranty
Surety
A CREDIT DEVICE TO
BORROW MONEY ON THE
SECURITY OF PROPERTY:
A.
MORTGAGE
41.
A.
B.
C.
D.
A "TRUST INTER
VIVOS" IS:
A
A
A
A
testamentary trust
living trust
charitable trust
constructive trust
A "TRUST INTER VIVOS"
IS:
B.
A LIVING TRUST
42.
THE JUDICIAL
OFFICER OF A
BANKRUPTCY COURT:
A.
B.
C.
D.
Superior court judge
Municipal court judge
Referee
Receiver
THE JUDICIAL OFFICER OF
A BANKRUPTCY COURT
C.
REFEREE
43.
RULE OF EVIDENCE
THAT FORBIDS USE OF ORAL
EVIDENCE TO CONTRADICT,
CHANGE OR ADD TO A WRITTEN
CONTRACT:
A.
B.
C.
D.
Parol
Prima facie
Riparian
Subrogation
RULE OF EVIDENCE THAT FORBIDS
USE OF ORAL EVIDENCE TO
CONTRADICT, CHANGE OR ADD TO
A WRITTEN CONTRACT
A.
PAROL
44.
LITERALLY MEANS
“FOR THE LITIGATION."
A.
B.
C.
D.
Ad litem
Adjudicate
Lis pendens
Mala fides
LITERALLY MEANS “FOR
THE LITIGATION."
A.
AD LITEM
45. CORPORATIONS FORMED BY
THE LEGISLATURE FOR
GOVERNMENTAL PURPOSES, SUCH
AS CITIES, VILLAGES AND TOWNS:
A.
B.
C.
D.
Municipal corporations
Quasi-public corporations
Private corporations
Stock corporations
CORPORATIONS FORMED BY THE
LEGISLATURE FOR GOVERNMENTAL
PURPOSES, SUCH AS CITIES,
VILLAGES AND TOWNS:
MUNICIPAL
CORPORATIONS
46. WHICH OF THE FOLLOWING IS
NOT AN INSTRUMENT OF CREDIT
THAT SERVES AS SUBSTITUTION FOR
MONEY (NEGOTIABLE INSTRUMENT):
A.
B.
C.
D.
Bill of exchange
Draft
Certificate of deposit
Conditional sales contract
WHICH OF THE FOLLOWING IS NOT
AN INSTRUMENT OF CREDIT THAT
SERVES AS SUBSTITUTION FOR
MONEY (NEGOTIABLE
INSTRUMENT):
D.
CONDITIONAL SALES
CONTRACT
47. A DOCUMENT WHICH MAY
CONTAIN A POWER TO SELL THE
HYPOTHEQATED PROPERTY UPON
DEFAULT OF THE SECURED
OBLIGATION IS:
A.
B.
C.
D.
Deed of trust
Beneficiary
Petition
Codicil
A DOCUMENT WHICH MAY CONTAIN
A POWER TO SELL THE
HYPOTHEQATED PROPERTY UPON
DEFAULT OF THE SECURED
OBLIGATION IS
A.
DEED OF TRUST
48. AN INSTRUMENT CONVEYING
TITLE TO REAL PROPERTY IS
CALLED:
A.
B.
C.
D.
Affidavit
Trust
Deed
Bill of sale
AN INSTRUMENT CONVEYING TITLE
TO REAL PROPERTY IS CALLED:
C.
DEED
49. A DISPOSITION OF REAL
PROPERTY CONTAINED IN A WILL IS
KNOWN AS A:
A.
B.
C.
D.
Request
Offer
Devise
Gift
A DISPOSITION OF REAL PROPERTY
CONTAINED IN A WILL IS KNOWN
AS A:
C.
DEVISE
50. WHEN A CORPORATION
EXCEEDS THE AUTHORITY
IMPARTED TO IT, THE CORPORATION
IS SAID TO ACT.
A.
B.
C.
D.
Ultra vires
De jure corporation
Quasi-public corporation
De facto corporation
WHEN A CORPORATION EXCEEDS THE
AUTHORITY IMPARTED TO IT, THE
CORPORATION IS SAID TO ACT.
A.
ULTRA VIRES
ANSWER THE FOLLOWING
QUESTIONS TRUE OR FALSE.
• TRUE =A
• FALSE =B
51. AN ACTION COMMENCES WITH
THE SERVICE OF A SUMMONS
AND COMPLAINT.
• TRUE OR FALSE
51.
• TRUE
52. IN A MAJOR CRIMINAL ACTION,
THE REPORTER SHOULD OBTAIN
THE CAPTION FROM THE JUDGE.
• TRUE OR FALSE
52.
• FALSE
53. A PERSON RELEASED ON HIS
OWN RECOGNIZANCE HAS TO
POST A BAIL.
• TRUE OR FALSE
53.
• FALSE
54. THE RELEASE OF CONVICTS
FROM PRISON UNDER SUPERVISION
OF A COURT OFFICER PRIOR TO THE
SERVING OF AN ENTIRE SENTENCE
IS CALLED PAROLE.
• TRUE OR FALSE
54.
• TRUE
55. A PERSON WHO RETURNS TO
CRIMINAL PRACTICES HABITUALLY
IS A RECIDIVIST.
• TRUE OR FALSE
55.
• TRUE
56. A WRIT OF HABEAS CORPUS IS
MOST OFTEN USED TO GET A
PERSON OUT OF UNLAWFUL
IMPRISONMENT.
• TRUE OR FALSE
56.
• TRUE
57. A PLEA OF NOLO CONTENDERE IS
NOT A MEANS OF PROTECTION FROM
A CIVIL SUIT.
• TRUE OR FALSE
57.
• FALSE
58. SEIZING AND HOLDING A
PERSON AGAINST HIS OR HER WILL
BY FRAUD OR FORCE IS
ADDUCTION.
• TRUE OR FALSE
58.
• FALSE
59. INVOLUNTARY MANSLAUGHTER
IS UNINTENTIONAL.
• TRUE OR FALSE
59.
• TRUE
60. VOLUNTARY MANSLAUGHTER IS
A KILLING WITH MALICE
AFORETHOUGHT, AND INTENTIONAL.
• TRUE OR FALSE
60.
• FALSE
61. ROBBERY IS A
MISDEMEANOR.
• TRUE OR FALSE
61.
• FALSE
62. MAYHEM IS THE INTENTIONAL
DISFIGURING OF A PERSON.
• TRUE OR FALSE
62.
• TRUE
63. RAPE IS A CRIME THAT
IS MALUM IN SE.
• TRUE OR FALSE
63.
• TRUE
64. TAKING MONEY OR PROPERTY
FROM ONE'S EMPLOYER BY FRAUD FOR
ONE'S OWN USE IS EMBEZZLEMENT.
• TRUE OR FALSE
64.
• TRUE
65. CONTEMPT OF COURT IS A
WILLFUL DISREGARD OF THE
COURT'S AUTHORITY.
TRUE OR FALSE
65.
TRUE
66. CULPABLE NEGLIGENCE IS
UNINTENTIONAL CARELESSNESS.
• TRUE OR FALSE
66.
• FALSE
67. CONTRIBUTORY NEGLIGENCE
EXISTS WHEN AN INJURY WOULD
NOT HAVE HAPPENED IF ONLY ONE
PARTY HAD BEEN NEGLIGENT.
• TRUE OR FALSE
67.
• TRUE
68. UNDER THE COMPARATIVE
NEGLIGENCE RULE, IF A PLAINTIFF'S OWN
NEGLIGENCE CAUSED ONE-FOURTH OF
THE DAMAGE AND THE DEFENDANT'S
NEGLIGENCE CAUSED THREE-FOURTHS
OF IT, AND THE JURY DECIDED THE
PLAINTIFF HAD SUSTAINED DAMAGES OF
$50,000, PLAINTIFF COULD RECOVER
$37,500.
• TRUE OR FALSE
68.
• TRUE
69. THE HAPPENING THAT IS
NEAREST IN THE ORDER OF
RESPONSIBLE CAUSATION OF A
RESULT IS ITS APPROXIMATE
CAUSE.
• TRUE OR FALSE
69.
• FALSE
70. A LICENSE GIVES AUTHORITY
TO DO CERTAIN ACTS ON LANDS OF
ANOTHER WITHOUT POSSESSING
ANY ESTATE OR INTEREST THEREIN.
• TRUE OR FALSE
70.
• TRUE
71. LIBEL IS THE DEFAMING OF A
PERSON'S REPUTATION BY SPOKEN
WORDS.
• TRUE OR FALSE
71.
• FALSE
72. NUNCUPATIVE WILL IS WRITTEN
ENTIRELY IN THE HANDWRITING OF
THE SIGNER.
• TRUE OR FALSE
72.
• FALSE
73. ESCHEAT REFERS TO
REVERSION OF AN ESTATE TO THE
STATE.
• TRUE OR FALSE
73.
• TRUE
74. THE TERM ANCILLARY APPLIES
TO COURT PROCEEDINGS THAT ARE
SUBORDINATE TO THE MAIN
ACTION.
• TRUE OR FALSE
74.
• TRUE
75. SEVERALTY MEANS THE
OWNERSHIP OF REAL PROPERTY IS
HELD FOR MORE THAN ONE
PERSON.
• TRUE OR FALSE
75.
• FALSE
76. IN CRIMINAL TRIALS, THE
PHRASE DESCRIBING THE
PROSECUTION'S BURDEN OF PROOF
IS:
A.
B.
C.
D.
E.
Beyond all possible doubt
By a preponderance of the
evidence
Beyond a reasonable
doubt
By clear and convincing
evidence
None of the above
PROSECUTION'S BURDEN OF PROOF
IS:
C.
BEYOND A REASONABLE DOUBT
77. A COUNTERCLAIM IS MADE BY
THE:
A.
B.
C.
D.
E.
Defendant
Plaintiff
Interpleader
Intervenor
Both A & C
A COUNTERCLAIM IS MADE BY THE:
•A.
Defendant
78.
IMPEACHMENT:
A.
B.
C.
D.
Disqualifies a judge
Attacks the credibility of a
witness
Removes a juror for cause
Is a declaration of a mistrial
IMPEACHMENT
B.
ATTACKS THE
CREDIBILITY OF A
WITNESS
79.
A.
B.
C.
D.
DEPOSITION:
Written declaration under oath
made upon notice to adverse
party for the purpose of
enabling him to attend and
cross-examine
Oral statements made in the
presence of a notary public
Transportation of declarations
attributed to improper parties
Exclusion of witness' testimony
DEPOSITION
A.
WRITTEN DECLARATION
UNDER OATH MADE UPON
NOTICE TO ADVERSE PARTY
FOR THE PURPOSE OF
ENABLING HIM TO ATTEND
AND CROSS-EXAMINE
80.
A.
B.
C.
D.
JUDGMENT:
Verdict
The judge's findings on
any issue
The jury's findings on
the issue of fact
The decision of the
court
JUDGMENT:
D.
THE DECISION OF THE COURT
81.
JURAT:
A. Acknowledgment of a
notary public
B. The clause written at the
end of an affidavit
C. The notary seal on a
deed
D. To swear
JURAT:
B.
THE CLAUSE WRITTEN AT
THE END OF AN
AFFIDAVIT
82.
A.
B.
C.
D.
FELONY:
A crime punishable by
imprisonment in the county jail
A crime punishable by death or
by imprisonment in the state
prison
A crime punishable by
imprisonment in the state prison or
also punishable by fine or
imprisonment in the county jail
Any grave crime
FELONY:
B.
A CRIME PUNISHABLE BY DEATH
OR BY IMPRISONMENT IN THE
STATE PRISON
83.
MISDEMEANOR:
A.
B.
C.
D.
A crime where the defendant is
committed to the California
Youth Authority
Any crime which is not a felony
A crime defined by the Health
& Safety Code rather than the
Penal Code
Any crime that is not murder,
robbery, rape, or arson
MISDEMEANOR:
B. ANY CRIME WHICH IS
NOT A FELONY
84.
JURISDICTION:
A.
The power and authority
conferred upon a court to
determine the controversy
B.
The geographical limits of
the city
C.
The geographical limits of
a court
D. The place where the trial
of an action must take place
E.
Both A & C
JURISDICTION:
E.
BOTH A & C
85.
A.
B.
C.
D.
AT BAR:
Unrestrained; Free; not limited
Outside the confines of any
harbor or port
Before the court
Status of a litigated matter
during recess
AT BAR:
C. BEFORE THE COURT
86.
CONTINGENCY:
A.
B.
C.
D.
Against common right
A postponement;
Adjournment sine die
A consideration partly
executed
An event that may
happen
CONTINGENCY:
AN EVENT THAT MAY
HAPPEN
87.
LIS PENDENS:
A.
B.
C.
D.
Inexcusable delay in
asserting a right
During the pendancy of
a suit
A pending suit
Law of the place
LIS PENDENS:
C. A PENDING SUIT
88. WHO HAS THE
BURDEN OF PROOF IN A
CRIMINAL ACTION?
A.
B.
C.
D.
JUDGE
DEFENSE COUNSEL
PROSECUTOR
DEFENDANT' S
WITNESSES
WHO HAS THE BURDEN OF
PROOF IN A CRIMINAL
ACTION?
C.
PROSECUTOR
89. WHEN A CASE IS APPEALED,
THE PARTY WHO IS NOT AGGRIEVED
IS MOST PROPERLY TERMED THE:
A.
B.
C.
D.
APPELLANT
RESPONDENT
PLAINTIFF
DEFENDANT
WHEN A CASE IS APPEALED, THE
PARTY WHO IS NOT AGGRIEVED IS
MOST PROPERLY TERMED THE:
B. RESPONDENT
90. IN A CIVIL ACTION FOR
DAMAGES DUE TO NEGLIGENCE, THE
DEGREE OF PROOF REQUIRED TO
ESTABLISH LIABILILTY IS PROOF.
A.
B.
C.
D.
BEYOND A REASONABLE DOUBT
BEYOND POSSIBILITY OF
CONTRADICTION
BY AN OVERWHELMING
PREPONDERANCE OF EVIDENCE
BY A FAIR PREPONDERANCE OF
EVIDENCE
IN A CIVIL ACTION FOR DAMAGES
DUE TO NEGLIGENCE, THE DEGREE
OF PROOF REQUIRED TO ESTABLISH
LIABILILTY IS PROOF
D.
BY A FAIR PREPONDERANCE
OF EVIDENCE
91.
VENUE:
A.THE PLACE WHERE AN
ACTION SHOULD BE
BROUGHT FOR TRIAL
B.THE JURISDICTION OF
THE COURT
C.THE INHERENT POWER
OF THE COURT
D.THE JURY PANEL
VENUE:
THE PLACE WHERE AN
ACTION SHOULD BE
BROUGHT FOR TRIAL
92.
A.
B.
C.
D.
SUBPOENA:
SUMMONS
THE PROCESS BY WHICH
ATTENDANCE OF A WITNESS IS
REQUIRED
THE MEANS BY WHICH DEFENDANT
IS REQUIRED TO PLEAD
NOTICE TO A DEFENDANT THAT AN
ACTION HAS BEEN COMMENCED
AGAINST HIM AND THAT HE MUST
APPEAR OR A JUDGMENT WILL BE
TAKEN AGAINST HIM
SUBPOENA
B.
THE PROCESS BY WHICH
ATTENDANCE OF A WITNESS IS
REQUIRED
93.
A.
SUMMONS:
THE PROCESS BY WHICH
ATTENDANCE OF A WITNESS IS
REQUIRED
B.
SUBPOENA
C.
A REQUEST BY PERSONS IN
AUTHORITY TO COMPEL
ANOTHER'S ATTENDANCE
AT AN OFFICIAL FUNCTION
D.
NOTICE TO DEFENDANT THAT
AN ACTION HAS BEEN
COMMENCED AGAINST HIM AND
THAT HE MUST APPEAR OR
JUDGMENT WILL BE TAKEN
AGAINST HIM
SUMMONS
NOTICE TO DEFENDANT THAT AN
ACTION HAS BEEN COMMENCED
AGAINST HIM AND THAT HE MUST
APPEAR OR JUDGMENT WILL BE
TAKEN AGAINST HIM
94.
A RIGHT AGAINST A
PERSON IS:
A.
B.
C.
D.
IN PROPRIA PERSONA
JUS IN PERSONAM
IN PRIMIS
CONTRA BONOS
MORES
A RIGHT AGAINST A
PERSON IS
B.
JUS IN PERSONAM
95.
A.
B.
C.
D.
VERDICT:
JUDGMENT
THE JURY’S FINDINGS
ON ISSUES OF FACT
THE JUDGE'S
FINDINGS ON ISSUES
OF FACT
THE DECISION OF THE
COURT
VERDICT
B.
THE JURY’S FINDINGS ON
ISSUES OF FACT
96. CAUSE OF ACTION
A.
B.
C.
D.
THE ACT OF EFFECTING A
THING
THE GROUNDS ON
WHICH A CIVIL ACTION
MAY BE SUSTAINED
CONSEQUENCE
THE LEGAL PROCEDURE
CAUSE OF ACTION
B.
THE GROUNDS ON WHICH A
CIVIL ACTION MAY BE
SUSTAINED
97.
A.
B.
C.
D.
BONA FIDE
A PERSON WHO BUYS IN
GOOD FAITH
AN INNOCENT HOLDER FOR
VALUE OF A NOTE
GOODS OR POSSESSIONS
WITHOUT DECEIT OR FRAUD
BONA FIDE
D.
WITHOUT DECEIT
OR FRAUD
98.
A.
B.
C.
D.
STIPULATION
TEMPORARY SUSPENSION OF
PROCEEDINGS
A SUMMONS TO APPEAR
AGREEMENT BETWEEN THE
PARTIES TO AN ACTION
A SUBLETTING BY THE LESSEE
WHEREIN HE RETAINS A
REVERSION IN HIMSELF
STIPULATION
C.
AGREEMENT
BETWEEN THE PARTIES
TO AN ACTION
99. MATTERS TAKEN UP IN AN IN
CAMERA HEARING MAY BE
DISCUSSED:
A.
B.
C.
D.
WITH THE PRESS AFTER THE
CLOSE OF THE HEARING
WITH NO ONE AT ANY TIME
EVEN AFTER PUBLICATION
WITH ANYONE AFTER THE
MATTER HAS BEEN MADE
PUBLIC
WITH THE JURORS AFTER
THE CLOSE OF THE HEARING
AND OUTSIDE OF THE
COURTROOM
MATTERS TAKEN UP IN AN
IN CAMERA HEARING MAY
BE DISCUSSED
100. SECONDARY FACTS FROM
WHICH A PRINCIPAL FACT MAY BE
RATIONALLY INFERRED WOULD
CORRECTLY BE TERMED:
A.
B.
C.
D.
PRESUMPTIVE EVIDENCE
HEARSAY EVIDENCE
CIRCUMSTANTIAL EVIDENCE
DIRECT EVIDENCE
SECONDARY FACTS FROM WHICH A
PRINCIPAL FACT MAY BE
RATIONALLY INFERRED WOULD
CORRECTLY BE TERMED
C. CIRCUMSTANTIAL
EVIDENCE
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