LAW 1101-the function of a lawyer in any case, whether

1) the function of a lawyer in any case, whether criminal or civil, isA. To confuseB. Bring out the truthC. Create the best story possibleD. Present the facts in the light most favorable to his/her client2) Lori was acquitted of murder. Which of the following is true:A. The defendant may now be tried for assault and batteryB. The Sate may apeal her convictionC. The defendant can be sued civilly by the victim’s familyD. If the defendant committed the offense, she may be retried on new evidence3) Prior to being given a breathalyzer or chemical testing for drunk driving; you have the right to:A. Demand Miranda warningsB. Refuse testing but will be subject to an automatic license suspensionC.Speak to a lawyerD. None of the above4) Craig was expelled from high school for smoking in class. He did not have a hearing prior to his expulsion. Craig may argue to overturn his expulsion:A. The Erie DoctrineB. Collateral EstoppelC. Res JudicataD. Violation of the Due Process Clause5) Most cases both criminal and civil involve:A. False misleading testimonyB. Lawyers searching for truthC. Disputed issues of factD. Lengthy jury trials6) In older to prove a negligence action the plaintiff must show:A. only he or she got hurt on someone’s propertyB. only they were at work at timeC. breach of duty that proximately caused injuriesD. the defendant has to show he was not at fault7) Stare Decisis is similar to:A. A fixtureB. Common LawC. PrecedentD. Both B & C8) The following are rules of evidence when questioning a witness in CourtA. Can’t lead your witnessB. Try to discredit the other party’s witnessC. Must ask relevant questionsD. all of the above9) A season ticket holder sued the New England Patriots claiming that he had a contractual right to review his season tickets. The holding in that case was:A. the purchase of a ticket creates nothing more than a reasonable licenseB. A ticket issuer’s decision to cancel the ticket holder is valid no matter what the reasonC. A season ticket holder is not entitled to an automatic renewal each yearD. all of the above10) A lawyers’s justification for representing a criminal defendant that he knows is guilty:A. the defendant can always lie on the standB. the commonwealth has the burden of proofC. the commonwealth has to show the defendant’s guilt beyond a reasonable doubtD. both B & C11) A Beach town enacts an ordinance that prohibits a person who is not physically fit from wearing a bikini on public beach. The penalty is removal from the beach and a $200.00 fine. The ordinance:A. is UnconstitutionalB. Serves a Legitimate public purposeC. Is within the police power of the state to enactD. Needs to be restricted to “fat” people12) Chyrisse went to a restaurant and found a bug in her soup. She was outraged and went her lawyer wanting to sue. In order for her to collect, she will need to prove:A. other people saw the bug toob. that the owner knew there was a bugC. she got sickD. that seeing the bug proximately cause her outrage13) Sumaya shot Janet in the arm because she stole her carA. Sumaya will win if sued civillyB. Sumaya has a claim of self defenseC. Sumaya may be criminally prosecutedD. Sumaya must be acquitted of all charges14) A fixture isA. discussed under the topic of property lawB. goes along with the sale of a homeC. is like trade fixtureD. Both A & B15) The following conditions must be satisfied before on can successfully invoked the defense of self defense in a murder case:A. slayer must not have provoked fightB. slayer must not have continued fightC. slayer must have reasonable belief he was in imminent danger of deathD. all of the above16) Phoenix Love had a tattoo on his shoulder. He claimed that under the______Amendment he was not required to show it to the jury. He was_____A. 5th; wrongB. 8th; rightC. 1st; rightD. 8th; wrong17) A defense that is not available in a civil case that is available in a criminal case isA. comparative negligenceB. character evidenceC. assumption of riskD. insanity18) The 5th Amendment is to the 14th Amendment as the:A. Federal is to SateB. Cruel is the UnusualC. Temple is to Penn StateD. 1st is to the 11th19) A doctor suspects his nurse, who had no long-term employment contract, of stealing drugs. He wanted to fire her, he should:A. Just fire her without any testB. Give her a polygraph test and fire her if she passes of failsC. Give all his employees a polygraph test and if she fails, fire herD. Give her a polygraph test and fire her if she fails20) Jason lied under oath and was found not guilty of perjury. Jen sues him civilly for conduct closely associated with the lies that were supposedly told. She:A. must appeal his finding of not guilty to a higher courtB. would be barred because of the doctrine of res judicataD. is not prevented because of the double jeopardy clause