T/F: An annulment proceeding is used to obtain a court declaration
that no legal marriage ever existed.
A) True
B) False
A
When a couple wishes to live separately but do not wish to dissolve
or terminate their marriage
A) Void annulment
B) Annulment
C) Legal Separation
D) Bifurcate
C
T/F: A premarital agreement may help to protect the assets of persons
who plan to marry
A) True
B) False
A
T/F: A divorce is a total dissolving of a marriage
A) True
B) False
A
T/F: A legal separation asks the court to resolve just the child
support and child custody issues
A) True
B) False
B
T/F: In all family law matters, the court will be most interested in
the welfare of the children.
A) True
B) False
A
T/F: Parents do not always have a legal duty to support their children
A) True
B) False
B
T/F: A will is a document in which an individual provides for the
distribution of his or her property upon his or her death
A) True
B) False
A
T/F: Wills fall into two broad categories: holographic and formal
A) True
B) False
B
T/F: A common element of a will is the fiduciary clause
A) True
B) False
A
T/F: Technically a trust is a situation where the title to property
is divided into two parts: legal title and equitable title
A) True
B) False
A
T/F: Probate is the court-supervised process that takes place after a
person dies
A) True
B) False
A
T/F: Wills need not to be drafted by attorneys
A) True
B) False
A
T/F: All guardianship documents are drafted by the court
A) True
B) False
B
T/F: Criminal procedure is a branch of federal law
A) True
B) False
B
T/F: Hearsay is something a third person heard
A) True
B) False
B
T/F: The warrant requirement is designed to protect law enforcement officers
A) True
B) False
B
T/F: The exclusionary rule is a rule of criminal
procedure stating that evidence obtained illegally cannot be used at trial.
A) True
B) False
A
T/F: An information is filed by the prosecutor and an
indictment is filed by a grand jury.
A) True
B) False
A
T/F: A motion for change in venue is a motion where the defendant
requests that the court change the location of the trial.
A) True
B) False
A
_________ due process ensures fair proceedings in the
criminal justice system, such as the right to a speedy trial and the
right to a jury trial
A) Substantive
B) Procedural
B
T/F: Due process refers to the system of rules and regulations
designed to assure justice in the American legal system.
A) True
B) False
A
T/F: The fourth amendment prohibits unreasonable
searches and seizures.
A) True
B) False
A
T/F: Before a warrant may be issued under the Fourth
Amendment, probable cause must be established.
A) True
B) False
A
T/F: Hot pursuit is an exception to the warrant requirement.
A) True
B) False
A
T/F: An arrest is the physical seizure of a person by
the government
A) True
B) False
A
T/F: The preliminary hearing is the first time a
defendant appears before a judge
A) True
B) False
B
T/F: An information is an accusation made by a
prosecutor against a criminal defendant that does not involve a
grand jury.
A) True
B) False
A
The second element of a crime
A) Mens Reas
B) Actus Reus
B
T/F: A rebuttable presumption
means that the presumption may be disproved by the facts.
A) True
B) False
A
T/F: Mens rea is the physical element of a crime.
A) True
B) False
B
T/F: The parole evidence rule limits the types of
evidence that be used to prove terms of an agreement.
A) True
B) False
A
T/F: The key feature of joint tenancy is a right of survivorship.
A) True
B) False
A
T/F: Deeds are used to transfer ownership to property.
A) True
B) False
A
T/F: An executor or
administrator has a fiduciary duty to see that the decedent's
estate is distributed in accordance with his or her interests.
A) True
B) False
A
T/F: If "time is of the essence" is in a
contract for performance, then the court may allow additional time
for its performance without recognizing a breach.
A) True
B) False
A
Which of the following are exceptions to the warrant requirement?
A) Hot pursuit
B) Exigent circumstances
C) plain-view doctrine
D) All of the above
D
Jury questionnaires may contain questions on
A) Age
B) Employment
C) Education
D) All of the above
D
T/F: By the plain terms of the Fourth Amendment and
from case law decided over the past 200 years, a warrant is required
to make a valid arrest
A) True
B) False
B
T/F: Arrest warrants are required to arrest any person
unless the person consents to an arrest without a warrant
A) True
B) False
B
T/F: Possession of an arrest warrant indicates that a
judicial official has determined that circumstances reasonably
permit the seizing of the person in most places that the individual
may be located, including within the person's home
A) True
B) False
A
T/F: The standard of belief required for probable
cause must be more than a mere hunch, but may fall far short of
proof beyond a reasonable doubt
A) True
B) False
A
T/F: Under the stop and frisk rationale, police
officers may temporarily detain an individual who was found on the
premises when police conducted a legal search of a home
A) True
B) False
A
Means that there was never a valid marriage
A) Annulment
B) Void annulment
C) Voidable annulment
B
Having a defect that can be cured; if the defect is not cured, the
marriage or contract can be nullified
A) Annulment
B) Void annulment
C) Voidable annulment
C
Rules for determining custody = ___________ laws
A) State
B) Federal
A
Identifies the assets and debts, including estate or inheritance
taxes after a person dies
A) Holographic will
B) Probate
C) Constructive trust
D) Testamentary trust
B
A written will that is subscribed and acknowledged by the testator
and witnessed by individuals who are not beneficiaries under the will
A) Formal will
B) Holographic will
C) Nuncupative Will
D) Oral WIll
A
Written by the testator, handwritten, no witnesses and not recognized
by all states
A) Formal will
B) Written will
C) Holographic will
D) Nuncupative will
C
Oral will and not recognized by all states
A) Formal will
B) Written will
C) Holographic will
D) Nuncupative will
D
Element of a will: Usually identifies the testator, the residence,
the intent to create a last will and testament, and the intent to
revoke any prior wills and codicils
A) Opening clauses
B) Bequests of property
C) Appointment of fiduciaries
D) The closing
A
Element of a will: A gift of specific property
A) Opening clauses
B) Bequests of property
C) Appointment of fiduciaries
D) The closing
B
Element of a will: A person whose duties involve trust and good faith
A) Opening clauses
B) Bequests of property
C) Appointment of fiduciaries
D) The closing
C
Element of a will: Indicates the date which the document was executed
and who signed it, and where all the witnesses declare that the
document was executed before them
A) Opening clauses
B) Bequests of property
C) Appointment of fiduciaries
D) The closing
D
T/F: Holographic laws are allowed in Indiana
A) True
B) False
B
Creating a new will when attempting to change one
A) Codicil
B) Cross-outs
C) Revocation
D) Subsequent writing
D
Changing a will: Subsequent marriage/ divorce
A) Operation of law
B) Subsequent writing
C) Cross-outs
D) Codicil
A
Changing a will: physical act; ripping in pieces
A) Operation of law
B) Cross-outs
C) Codicil
D) Revocation
D
Changing a will: Must be executed like a will, accomplished by
"incorporation by reference"
A) Codicil
B) Operation of law
C) Cross-Outs
D) Subsequent writing
A
T/F: Statute of Frauds requires certain types of contracts to be
evidenced in writing
A) True
B) False
A
T/F: Assignment is the transfer of obligations under a contract
A) True
B) False
B
T/F: Delegation is the transfer of obligations under a contract
A) True
B)
A
Outright ownership of land; allows the owner complete power over the property
A) Fee simple
B) Life estate
C) Joint tenancy
D) Tenants in common
A
The right to use real property for the term of someone's life
A) Fee simple
B) Life estate
C) Joint tenancy
D) Tenants in common
B
Co-ownership of property characterized by a right of survivorship
A) Fee simple
B) Life estate
C) Joint tenancy
D) Tenants in common
C
Co-ownership of property carrying no right of survivorship
A) Fee simple
B) Life estate
C) Joint tenancy
D) Tenants in common
D
T/F: Fee simple is the most common type of ownership
A) True
B) False
A
Property owned jointly by married people in non-community property states
A) Fee simple
B) Life estate
C) Tenancy by the entirety
D) Tenants in common
C
Implies certain representations regarding title; grantor guarantees
title to the property
A) Warranty deed
B) Grant deed
C) Quitclaim deed
A
The grantor makes no representation regarding title
A) Warranty deed
B) Grant deed
C) Quitclaim deed
C
A right to keep possession of property belonging to
another person until a debt owed by that person is discharged
A) Lien
B) Easement
C) Mortgage
D) Tenancy
A
The right to use another's property for a limited time
A) Lien
B) Easement
C) Mortgage
D) Tenancy
D
The right to a limited use of a portion of another's property
A) Lien
B) Easement
C) Mortgage
D) Tenancy
B
Secures a debt owed to a person by a landowner
A) Lien
B) Easement
C) Mortgage
D) Tenancy
C
Principals conduct leads 3rd party to believe agent has authority
A) Actual authority
B) Apparent authority
B
Principals conduct leads agent to believe he has authority
A) Actual authority
B) Apparent authority
A
Owned and operated by 1 person
A) Sole proprietorship
B) General partnership
C) Limited partnership
D) Corporation
A
2+ co-owners, equal ownership and control
A) Sole proprietorship
B) General partnership
C) Limited partnership
D) Corporation
B
Includes a general partner who manages and controls business, and a
silent partner who contributes capital
A) Sole proprietorship
B) General partnership
C) Limited partnership
D) Corporation
C
Separate legal entity
A) Sole proprietorship
B) General partnership
C) Limited partnership
D) Corporation
D
T/F: Taxes, student loans, and child support are all examples of
non-dischargeable debts
A) True
B) False
A
Liquidation
A) Chapter 7 bankruptcy
B) Chapter 11 bankruptcy
C) Chapter 13 bankruptcy
A
Payment plan
A) Chapter 7 bankruptcy
B) Chapter 11 bankruptcy
C) Chapter 13 bankruptcy
C
Business reorganization
A) Chapter 7 bankruptcy
B) Chapter 11 bankruptcy
C) Chapter 13 bankruptcy
B
T/F: For actus reus to be present, the action must be a voluntary act
A) True
B) False
A
T/F: Not all crimes require mens rea
A) True
B) False
A
T/F: The mental state must occur before the physical act when mental
and physical acts are both required
A) True
B) False
A
Protects personal property from governmental interference or possession
A) Procedural due process
B) Substantive due process
B
Search and Seizure
A) 4th amend
B) 5th amend
C) 6th amend
A
Due process and self-incrimination
A) 4th amend
B) 5th amend
C) 6th amend
B
Right to counsel and trial rights
A) 4th amend
B) 5th amend
C) 6th amend
C
Process of questioning the jury to determine their suitability to
serve on a jury panel
A) Voir dire
B) Excused for cause
C) Peremptory challenge
A
This may occur if there is bias or other legitimate reasons that a
person cannot sit as a juror
A) Voir dire
B) Excused for cause
C) Peremptory challenge
B
The right of an attorney to challenge a prospective juror without
stating a reason for the challenge
A) Voir dire
B) Excused for cause
C) Peremptory challenge
C
Civil case; burden of proof
A) Preponderance of evidence
B) beyond a reasonable doubt
A
Criminal case; burden of proof
A) Preponderance of evidence
B) Beyond a reasonable doubt
B
Created for use in court
A) Demonstrative evidence
B) Documentary evidence
C) Actual evidence
A
Tangible items that could be admitted into evidence during the
hearing on a motion or at trial
A) Demonstrative evidence
B) Actual evidence
C) Documentary evidence
B
Could include writings such as reports, business records, and correspondence
A) Documentary evidence
B) Actual evidence
C) Demonstrative evidence
A
Proves a point
A) Direct evidence
B) Circumstantial evidence
C) Relevance evidence
A
More common type of evidence; indirect; provides a trier of fact with
info from which inferences may be drawn
A) Relevance evidence
B) Direct evidence
C) Circumstantial evidence
C
The standard by which testimony or physical evidence is evaluated;
relates directly to the fact in question and proves or has the
tendency to prove a particular legal theory
A) Relevance evidence
B) Circumstantial evidence
C) Direct evidence
A
T/F: Excited utterance, present sense impression, dying declaration,
and recorded recollection are all exceptions to hearsay
A) True
B) False
A
Examples of _______ annulment are bigamy, relative, and common law
A) Void
B) Voidable
A
Examples of _________ annulment are minors and fraud
A) Void
B) Voidable
B