SMGT 305 Quiz 1,2,3,4

SMGT 305 Quiz 1

1. __________ is a system over government in which sovereignty is constitutionally divided (chared) between national and central (state) governments.
2. What is the legal principle by which judges are obligated to follow case precedents?
3. Which statement best describes the legal philosophy of Positivism?
4. A plaintiff in a civil case has the following burden of proof:
5. Who wrote “The Letter from Birmingham Jail” in 1963?
6. Which constitutional Amendment states that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”?
7. In the United States, the federal government is divided into which three branches?
8. “Natural Law” (lex naturalis) is defined as:
9. Who said that “The life of the law has not been logic, it has been experience”?
10. Which of the following is NOT included in St. Augustine’s “Three Types of Law”?

SMGT 305 Quiz 2

1. In a criminal case the standard of proof to convict a defendant is:
2. Which of the following is NOT a factor to detrmine reasonable force?
3. Battery is an intentional tort that often arises in the context of sport violence
4. Which party has the burden of proof in a criminal case?
5. In a criminal case, the defendant is presumed guilty and must persuade the judge or jury of his innocence.
6. Which of the following is NOT an element of assault?
7. A majority of states have antihazing statutes.
8. One can be liable for both assault AND battery arising out of the same incident.
9. According to the results of a national survey on hazing, university students reported that ____ % of them had been hazed
10. Reckless misconduct is usually synonymous with __________ and __________ misconduct

SMGT 305 Quiz 3

1. Contracts concerning transfers of interests in real estate must be in writing
2. The rule which states that an offer must be accepted exactly without modification is:
3. A lease agreement is an example of a contract.
4. Consideration is defined as:
5. Which of the following is NOT and element of a contract?
6. Contracts for the sale of goods for ________________ must be in writing
7. Which legal concept states that an employer can fire an employee “for no reason or any reason at all”?
8. A contract is a promise made by one person to another
9. A contract that is unfair is unenforceable.
10. Written contracts are more enforceable than oral contracts.

SMGT 305 Quiz 4

1. Federal courts have jurisdiction to hear the following types of civil matters:
2. Which of the following is NOT specified in the Fifth Amendment?
3. The purpose of the United States Constitution is to protect citizens from:
4. Most police officers are fair and honest.
5. In order for a plaintiff to be successful in proving that his rights under the United States Constitution have been violated, he must first show that:
6. Joe Bean is a professional football player for the New England Patriots. Prior to a Week 4 game against the Buffalo Bills, Joe decides to sew an anti-abortion patch onto the back of his jersey. The patch is small enough that it does not cover his number or his name. However, the patch is large enough that both spectators and T.V. viewers can see the patch. After the game, Joe is suspended by the league for the remainder of the season. If Joe files a lawsuit against the league, claiming that his First Amendment rights were violated, is he likely to succeed?
7. According to professor James Duane, it is our Christian duty to speak to the police
8. According to Professor James Duane, there are over __dont know________ federal laws.
9. Professor James Duane, in his presentation on YouTube, urges law students to:
10. Which of the following possess the authority to interpret a constitution?