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Pension Plan Analysis and Discussion

QUESTION 1 1.      Which of the following is most likely to be governed by states’ laws? Interstate highways Estates, inheritances, wills, and trusts Copyrights, patents, and trademarks Treaties with nations 2 points    QUESTION 2 1.      The following is an accurate description of state constitutions: Each state has the exact same form of constitution as prescribed by the U.S. Constitution State constitutions widely vary in structure but declare exactly the same individual rights as the U.S. Constitution States are prohibited from having their own constitutions by the U.S Constitution State constitutions have the same basic three-branch structure but vary in the details of government organization and declarations of individual rights 2 points    QUESTION 3 1.      Which of the following is most likely to be primarily governed by federal law: Real estate conveyances, mortgages, and taxes Estates, inheritances, wills, and trusts Copyrights, patents, and trademarks Noise and nuisances 2 points    QUESTION 4 1.      The following describes the common law: Laws adopted by legislatures Laws incorporated from foreign jurisdictions Laws based on constitutional principles Laws developed by judges for matters not covered by statutes, by which later courts abide 2 points    QUESTION 5 1.      In what part of the U.S. Constitution is freedom of speech identified? Article I First Amendment Fifth Amendment Tenth Amendment 2 points    QUESTION 6 1.      The law found to be unconstitutional in Griswold v. Connecticut was: repealed by a representative legislature but reinstated by two state courts Enacted by a representative legislature and upheld by two state courts Repealed by a representative legislature but reinstated by the U.S. Supreme Court A common law rule recently developed by state courts 2 points    QUESTION 7 1.      The Bill of Rights was: Part of the original U.S Constitution Added to the U.S. Constitution during the first Congress to address concerns about protection of individual rights not expressly protected Rejected during ratification of the U.S .Constitution but individually added as amendments over the course of the next century Stated as an ideal but never part of the U.S. Constitution 2 points    QUESTION 8 1.      In Griswold v. Connecticut, on what basis did concurring Justice Goldberg see authority in the Ninth Amendment for a right of privacy? The right of free association Reservation to the people of fundamental rights not expressly stated in the Bill of Rights Reservation to the states of the power to declare additional constitutional rights The right of free expression 2 points    QUESTION 9 1.      In what part of the U.S. Constitution does an Equal Protection Clause appear? First and Fifth Amendments Only the Fifth Amendment Fifth and Fourteenth Amendments Only the Fourteenth Amendment 2 points    QUESTION 10 1.      The U.S. Supreme Court held that separate public schools were inherently unequal in: Brown v. Board of Education Bolling v. Sharpe Plessy v. Ferguson Harris v. Davis 2 points    QUESTION 11 1.      Use of numerical quotas to achieve racial diversity was: Held to be unconstitutional in Brown v. Board of Education Held to be constitutional in Grutter v. Bolinger Held to be constitutional in Regents of Univ. of Cal. v. Bakke Held to be unconstitutional in Regents of Univ. of Cal. v. Bakke 2 points    QUESTION 12 1.      In what part of the U.S. Constitution does a Due Process Clause appear? First and Fifth Amendments Only the Fifth Amendment Fifth and Fourteenth Amendments Only the Fourteenth Amendment 2 points    QUESTION 13 1.      To what extent is expressive conduct protected by the First Amendment? Not at all Government may not restrict expressive conduct unless the conduct is accompanied with spoken or written statements Government has a freer hand in restricting expressive conduct than the written or spoken word but may not prohibit particular conduct merely because it has expressive elements Government may not restrict expressive conduct if accompanied with statements 2 points    QUESTION 14 1.      To what extent must a religion be well established in history for its practices to be protected under the First Amendment? It need not be It must be well-established or logically derived from a well-established religion It must meet community religious standards It must meet national religious standards 2 points    QUESTION 15 1.      Which of the following does the First Amendment provide with respect to freedom of speech? “Congress shall make no law . . . abridging the reasonable freedom of speech” “Congress shall make no law . . . abridging the freedom of speech” “Congress shall make no unreasonable law restricting the freedom of speech” “Congress shall protect the reasonable freedom of speech” 2 points    QUESTION 16 1.      Which of the following is the most correct description of state public records laws? They vary in their details but in essence are similar to the federal Freedom of Information Act There are none By federal law they must be the same as the federal Freedom of Information Act They apply only to local governments and not to state government 2 points    QUESTION 17 1.      To whom does the federal Government in the Sunshine Act apply? Federal agencies Congress U.S. Supreme Court U.S. military 2 points    QUESTION 18 1.      What was at issue the 1971 U.S. Supreme Court case of New York Times Co. v. United States? The right of the press to obtain public records The right of the press to participate in government proceedings The authority of the executive to obtain court restraint of a publication The authority of the courts to order the executive to release information 2 points    QUESTION 19 1.      Which of the following is the language from the First Amendment regarding the freedom of the press? “Congress shall make no law . . . abridging the freedom of . . . the press” “Congress shall make no law . . . restricting the right of the press to information” “No law shall prohibit the right of the press to full access to information” “Congress shall protect the reasonable freedom of the press” 2 points    QUESTION 20 1.      All of the following can be registered with the U.S. Patent and Trademark Office except: Trade secrets Patents Copyrights Trademarks 2 points    QUESTION 21 1.      What payment does the U.S. Constitution require to the owner when government acquires property through use of eminent domain? No payment is required if the taking is for public use Fair market value of what is taken No payment is required The value determined by the power doing the taking provided it is not irrational 2 points    QUESTION 22 1.      The U.S. Supreme Court has held that local zoning regulations are constitutional if: They bear a rational relation to the health and safety of the community They are uniformly applied throughout the state They do not restrict commercial development Owners are paid fair market value compensation if the uses of their property are restricted 2 points    QUESTION 23 1.      In a corporation the following have the legal authority to make fundamental decisions about corporate existence: Vice presidents Shareholders Partners Managers 2 points    QUESTION 24 1.      Limited liability companies are a popular form of business entity because: They require no formal organizational steps They pay no federal taxes They offer the liability protections of a corporation but there is no tax at the entity level The entity has no liability 2 points    QUESTION 25 1.      The federal rules for general government contracting requirements are the: Code of Federal Regulations Federal Acquisition Regulation U.S. Code of Contracts Federal Contracting Rules 2 points    QUESTION 26 1.      The following is the most accurate description of a public employer’s legal right to consider political affiliation in hiring and termination decisions: It may be considered if the employee’s political beliefs with interfere with discharge of public duties in a policymaking or confidential position It may never be considered It may only be considered if a statute specifies it as a consideration for the position It may always be considered if the employee’s political beliefs are not the same as the elected officials 2 points    QUESTION 27 1.      Under the usual state whistleblower law a public employee: May always recover damages whenever an employer has caused harm with illegal conduct Has a right to testify about an employer’s trade secrets when the employer has violated the civil rights laws May be reinstated if terminated for pursuing a legally protected right May campaign against a employer who is an elected official 2 points    QUESTION 28 1.      Title VII of the Civil Rights Act of 1964: Prohibits employers from discrimination against an individual in employment based religion Prohibits employees from engaging in political activity while employed Gives employees the right to retirement benefits Gives employees the right to form unions 2 points    QUESTION 29 1.      The Age Discrimination in Employment Act applies to employees who are at least the following age: 40 50 60 65 2 points    QUESTION 30 1.      In a tort claim punitive damages are: Always recoverable Recoverable in some jurisdictions under certain circumstances if not arbitrary or irrational Not recoverable in any jurisdiction Unconstitutional unless authorized by statute 2 points    QUESTION 31 1.      Medical expenses for injuries suffered as a result of someone else’s negligence would be considered what kind of damages? Pain and suffering Expectancy Mitigation Compensatory 2 points    QUESTION 32 1.      The Federal Tort Claims Act: Prohibits all tort claims against a federal employee Authorizes suits for injury caused by a state employee acting within the scope of employment Authorizes suits for injury caused by a negligent act of a federal employee acting within the scope of employment Allows suits only against state supervising officials and not federal employees 2 points    QUESTION 33 1.      The Fourth Amendment prohibits Unreasonable searches and seizures Arrest without an indictment Searches and seizures without a court order Warrants based on probable cause as determined by judges 2 points    QUESTION 34 1.      The compilation of all federal rules currently in effect is: Code of Federal Regulations U.S. Code Federal Register U.S. Code Annotated 2 points    QUESTION 35 1.      The federal Administrative Procedure Act was enacted in: 1789 1865 1946 1964 2 points    QUESTION 36 1.      An agency rule that explains an agency’s understanding of the law or its regulations is known as: Substantive Interpretive Procedural Appellate 2 points    QUESTION 37 1.      An elected  public official who improperly applies public property to personal use: Cannot be prosecuted because elected officials have immunity May be subject to criminal prosecution for embezzlement Cannot be prosecuted unless more than $100,000 was taken Cannot be prosecuted because all public officials have sovereign immunity 2 points    QUESTION 38 1.      Local government ethics rules tend to: Be more specific and more rigorously enforced than at the federal or state level of government Be more general and aspirational than at the federal or state level of government Mirror the rules that apply to federal agencies Be tied to strict criminal sanctions 2 points    QUESTION 39 1.      State ethics laws: Always apply to all state and local officials and employees Only apply to municipal employees Vary in their application but usually apply to state public officials and some public employees Always apply only to elected officials 2 points    QUESTION 40 1.      In a mediation: The dispute is submitted to a third party who issues a binding decision The parties submit their arguments to a panel that recommends a decision to a judge A third party leads the parties and their lawyers through a discussion intended to result in a voluntary agreement A third party gives a non-binding opinion about which of the parties has the better case 2 points    QUESTION 41 1.      Injunctive relief is: A court order that someone do or not do something An award of damages equal to actual economic loss A public apology Only awarded to the government 2 points    QUESTION 42 1.      In litigation, the plaintiff: Is the party initiating the lawsuit with a claim Is the party against whom the lawsuit is initiated Is prohibited from seeking relief in the case Is not a party in the case 2 points    QUESTION 43 1.      Which of the following representations by a lawyer to a court during a trial would likely be a breach of the lawyer’s professional obligations? “The state supreme court may have recently ruled against us on this issue, but there are good reasons why this court should adopt a different approach.” “You have heard two conflicting versions of the facts, and I urge you to conclude that my client’s version is more believable.” “You have heard two conflicting versions of the facts, and I urge you to conclude that my opponent’s version is not credible.” “I have been around a long time and I have had many clients, and I can stake my personal reputation on the fact that my client’s testimony is truthful.” 2 points    QUESTION 44 1.      Under which of the following circumstances may a lawyer disclose a confidential client-lawyer communication? If the lawyer determines that the disclosure is in the client’s best interest If the client consents If the lawyer determines that the disclosure is reasonably necessary Whenever the lawyer chooses to do so 2 points    QUESTION 45 1.      A lawyer is licensed to give advice in a specialty area, such as real estate law, only if: The lawyer passes a state specialty exam and receives specialty certification The lawyer completes a professional certification course in the specialty The lawyer passes a federal specialty exam and receives specialty certification The lawyer is licensed to practice law within the jurisdiction 2 points    QUESTION 46 1.      A lawyer who represented the government in a particular matter: May not represent private clients in the same matter if the lawyer was directly involved in behalf of the government Is not restricted in representation of private clients in the same matter May represent private clients in the same matter after one year after the lawyer’s government employment terminated May represent private clients in the same matter if the private clients consent 2 points    QUESTION 47 1.      A series of publications that provide a means of checking cases, statutes, and other authority for subsequent and related authority is: Law Revisions American Jurisprudence Shepard’s American Law Reports 2 points    QUESTION 48 1.      C.F.R. stands for: Combined Federal Rules Code of Federal Regulations Court Finding Register Clearinghouse of First Rules 2 points    QUESTION 49 1.      In an A.L.R. you would find: International treaties State code sections Articles that summarize and organize federal and state law on particular topics Administrative rules 2 points    QUESTION 50 1.      Local government ordinances are published: By the local governments and often included in the Municode data base By the state governments as part of the state code By the federal government as part of the state codes In Shepard’s

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