Justice Final
Jury verdicts in civil cases may be either general or ______.
special
The _________ has promulgated Rule 10(b), which stipulates that "insiders" who have material information about a company must refrain from dealing in the company's securities until such information is available to the general public.
Securities and Exchange Commission
Courts usually allow parents or other surrogates to assert a minor's right of privacy and through exercise of their ____________ to approve of discontinuance of such extraordinary means of life support when the minor is in a terminal condition and is unable to communicate.
substituted judgment
After a plaintiff's complaint has been filed, the clerk of the court issues a _________ commanding the defendant to answer the plaintiff's complaint.
summons
Proceedings for _______ are usually based on a parent's abuse of a child or a parent's neglect to provide for a child's welfare.
termination of parental rights
The _______ Amendment to the federal Constitution guarantees a criminal defendant the right to a speedy and public trial.
Sixth
If a landowner wanted to determine if a city had the authority to take ownership of his property for the "betterment of the people", he/she might consult:
The Fifth Amendment to the the U. S. Constitution The holding in Mississippi & Rum River Boom Co. v. Patterson The applicable local government regulation The holding in Nollan v. California Coastal Commission All of the above
The __________ seeks to ensure that litigation concerning child custody takes place in the state where the child and the family have the closest connection and to limit custody determination to one state.
Uniform Child Custody Jurisdiction Enforcement Act
In what ways are the federal antitrust laws enforced?
United States attorneys can initiate criminal prosecutions States and private parties can bring civil actions The Antitrust Division of the Department of Justice can file civil suits All of the above
The Toxic Substances Control Act of 1976 authorizes the ____________ to require testing and to prohibit the manufacture, distribution, or use of certain chemical substances that present an unreasonable risk of injury to health or the environment, and to regulate their disposal.
EPA
The ___________ Act allows private citizens to file suit on behalf of the U.S. government charging fraud by government contractors and others who receive federal funds.
False Claims
In June of 1933, Congress established the ______ to restore confidence and stability to the nation's banking system.
Federal Deposit Insurance Corporation
The _______, which acts as this nation's central bank, was established by Congress in 1913.
Federal Reserve System
Under the federal Food, Drug and Cosmetic Act the_______ has the authority to regulate "drugs" and "devices."
Food and Drug Administration
In the view of the U.S. Supreme Court, the __________ Amendment to the Constitution forbids states to discriminate between legitimate and illegitimate children in granting the right to parental support.
Fourteenth
The ________ overturned the Dred Scott decision by declaring that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
Fourteenth Amendment
In _________ (1970), the Supreme Court held that the Fourteenth Amendment Due Process Clause required a state agency to provide an evidentiary hearing before terminating a person's welfare benefits.
Goldberg v. Kelly
__________ refers to the return of a sum of money, an object, or the value of an object which the defendant wrongfully obtained in the course of committing the crime.
Restitution
In ________, the Supreme Court held that Congress had granted "virtually unfettered" discretion to the bureaucracy to enact "laws for the government of trade and industry throughout the country."
Schechter Poultry Corporation v. United States (1935)
Although __________ are technically employees of the agencies they serve, they are supposed to function as impartial arbiters of disputes.
administrative law judges
A competent adult can make _________ concerning medical care through use of a living will, durable power of attorney, and appointment of surrogates.
advance directives
The allowance of lump sum or periodic payments to a spouse imposed by a court that grants a divorce is known as ________.
alimony
The concept of ______ stems from the English common law requirement that a husband must support his wife during her lifetime or until she remarries.
alimony
Traditionally, a defendant has been afforded an opportunity to make a statement on his or her own behalf, a procedure often referred to as the right of ________.
allocution
An __________ is a judicial decree that no valid marriage existed.
annulment
The _______ is the accused's first appearance before a court of law with the authority to conduct a criminal trial.
arraignment
A trial before a judge without a jury is known as a __________ trial.
bench
The ________ rule applies to writings and means that an original document must be offered unless the party who offers a copy can present a plausible explanation of why the original is not available.
best evidence
Persons who have been involved with the police and are seeking favorable consideration in respect to their own offenses often provide tips that are useful in other investigations. These persons are known as _______ .
confidential informants
Like Medicaid, AFDC was set up on the model of __________ in that most of the money came from the federal government while the states actually administered the program and set eligibility requirements and benefits within parameters established by federal law.
cooperative federalism
The plaintiff's lawyer conducts a direct examination of each witness after which the defendant's lawyer has the right of ____________
cross-examination
The party against whom a lawsuit is brought is called the _________.
defendant
Through a series of broad ________, legislatures have transferred to the bureaucracy much of the responsibility for making and enforcing the rules deemed necessary for a technological society.
delegations
The most common method of pretrial discovery involves taking ___________ from a party to the case or from that party's witnesses.
depositions
At the close of the prosecution's evidence, the defense counsel will frequently move the court to grant a ______________.
direct verdict
When the plaintiff's lawyer has completed presentation of the plaintiff's case, the defense lawyer in a jury trial will often move for a _________ for the defense.
directed verdict
The process whereby parties in a lawsuit can inquire into matters within the knowledge of the opposing party or that party's witnesses is known as _______.
discovery
In the early 1900s, states enacted various statutes known as ________ laws to allow women to own and control their own property.
emancipation
Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington are __________ property states.
equitable distribution
With regard to factual determinations, federal courts generally do not overturn agency conclusions unless they are clearly __________ or at least not based on substantial evidence.
erroneous
Appellate courts perform dual functions in the civil and criminal process: ________ and lawmaking.
error correction
An __________ is an assumption of fact that the law makes from the existence of another fact or facts, although unproven by evidence.
evidentiary presumption
Subject to certain exceptions, evidence obtained through reasonable searches and seizures is not admissible in criminal prosecutions. This is known as the _____________.
exclusionary rule
The courts have long recognized a prosecutional duty to disclose ________ evidence to the defense.
exculpatory
Federal law provides for the _______ of real estate and other property used in illegal drug trafficking and other criminal activities.
forfeiture
Under the _______ doctrine, evidence that is derived from inadmissible evidence is likewise inadmissible.
fruit of the poisonous tree
The Internal Revenue Service is empowered to conduct audits of taxpayers' returns, impose liens and levies on assets in order to recover unpaid taxes, and even _______ wages.
garnish
Custodial parents often must resort to judicial proceedings by seeking to have the court find the defaulting parent in contempt of court. Other options include _________ of an obligated parent's wages or even seeking criminal sanctions.
garnishment
One option for courts seeking to enforce a child support order is ________ of the obligated parent's wages.
garnishment
An example of a __________ verdict is one where the jury returns a finding that the defendant is liable to the plaintiff and assessing the plaintiff's damages as $10,000.
general
If the police have failed to provide the Miranda warnings, not only the subject's responses to their questions but the physical evidence discovered as the fruit of the interrogation are tainted. On the other hand, if the physical evidence was located on the basis of independently obtained information, it may be admissible under the _____________ doctrine.
independent source
The authority of a court to hear and determine a particular type of case is referred to as its ___________.
jurisdiction
A _________ is a person appointed by a court to act on behalf of another person because of the latter's minority or incapacity.
legal guardian
In Immigration and Naturalization Service v. Chadha (1986), the Supreme Court held that the _______ is constitutional.
legislative veto
An employee may be discharged for _______ involving commission of illegal acts under "color of office."
malfeasance
When a defendant's actions have been fraudulent, wanton, or outrageous, the plaintiff may be allowed to recover ________ damages.
punitive
According to Black's Law Dictionary, a ________ suit is "an action brought by an informer, under a statute which establishes a penalty for the commission or omission of a certain act, and provides that the same shall be recoverable in a civil action, part of the penalty to go to any person who will bring such action and the remainder to the state or some other institution.
qui tam
Blood samples, x-rays, photographs, fingerprints, knives, guns, and other tangible items are examples of _________ evidence.
real
For a search to be reasonable under the Fourth Amendment police generally must have probable cause, which simply means that there are _________ grounds to believe that a search will produce evidence of crime.
reasonable
There is a _________ presumption that a properly stamped, addressed, and mailed letter reached its intended recipient.
rebuttable
Although we often refer to the sum total of government agencies as the "bureaucracy", a basic distinction can be made between administrative agencies and ________ agencies.
regulatory
________ alimony is designed to provide short-term alimony and is generally awarded based on the time required for a divorced spouse to be educated or trained to become self sufficient.
rehabilitative
Before testimony may be admitted in court, it must be _________ to the issue in the case and must come from a competent witness.
relevant
In 1948, the Supreme Court held that ________, under which homeowners agreed not to sell or rent their homes to minorities, could not be judicially enforceable under the Fourteenth Amendment.
restrictive covenants
The Defense of Marriage Act of 1996 sought to relieve states of the obligation to recognize ___________ marriages.
same-sex
Police may search the body of an arrestee and the area within that person's immediate control. To conduct a more extensive search, police must generally obtain a _________.
search warrant
Under the Sentencing Reform Act of 1984, the U.S. Sentencing Commission is empowered to promulgate __________.
sentencing guidelines
Many states have provisions for _________, which allows for alimony without dissolution of marriage.
separate maintenance
Title XII of the Civil Rights Act of 1964, as amended, has been interpreted to prohibit _______ in the workplace.
sexual harrassment
The ____________ prohibits discrimination against persons with disabilities in all programs and services provided by state and local governments, private industries, and commercial establishments.
Americans with Disabilities Act
In Kerrigan v. Commissioner of Public Health (2008), the ________ Supreme Court ruled that excluding same-sex couples from civil marriage violated the state's constitutional guarantee of equal protection of the laws.
California
The _________ made it a federal crime to conspire to "injure, oppress, threaten or intimidate any citizen in the free exercise of any right or privilege secured to him by the Constitution or laws of the United States."
Civil Rights Act of 1870
The ________ is the codification of all final rules of all federal agencies.
Code of Federal Regulations
The Administrative Procedures Act requires agencies to publish a notice of proposed rule making (NPRM) in the ____________.
National Register
In 1980, Congress enacted the __________ to prevent jurisdictional conflicts over child custody and to reduce any incentive for parental "child snatching" in custody matters.
Parental Kidnapping Prevention Act
Established as part of the Social Security Amendments of 1965, ________ is the federal government's health insurance program for senior citizens.
Medicare
Whereas the Office of Personnel Management is responsible for the general administration of the federal civil service system, the ________ is charged with adjudicating employment issues involving federal civil service employees.
Merit Systems Protection Board
The _________, located within the U.S. Department of Education, is responsible for enforcing a number of civil rights laws that apply to public education.
Office of Civil Rights
White House preclearance of proposed rules is effectuated by the __________, which is part of the executive office of the president.
Office of Management and Budget
Slavery was formally abolished by the ratification of the ___________ Amendment to the Constitution in 1865.
Thirteenth
A ______ is a lawsuit brought against an alleged wrongdoer by a group of persons who have suffered a similar wrong or injury.
class action
As the result of the passage of the Wagner Act of 1935 and its subsequent validation by the Supreme Court, labor unions and ____________ became staples of the American economy.
collective bargaining
In addition to supervising and regulating the banking industry, the Federal Reserve sets ________ policy by adjusting the interest rates that it charges its members banks, which in turn lend money to large commercial banks.
monetary
The Federal Reserve Board sets ________ policy by adjusting the interest rates that it charges its member banks.
monetary
The objective of the ________ is to enable spouses to dissolve a marriage without becoming adversaries and thus eliminating the accusations spouses formerly lodged against one another in attempting to prove a spouse to be at fault in the marriage.
no-fault divorce
Courts accept matters of common knowledge by taking judicial ___________.
notice
A husband who contests the _______ of a child born during his marriage must raise the issue promptly and not after disollution of that marriage.
paternity
The number of __________ challenges is usually provided by statute or court rules.
peremptory
The party that brings a lawsuit is known as the _______.
plaintiff
The rising incidence of divorce, the fact that multiple marriages during one's lifetime are no longer uncommon, and the right of each spouse to separately accumulate property have caused an increase in the use of _______ .
prenuptial agreements
In felony cases, sentencing may be postponed to allow the court to conduct a _______________.
presentence investigation
A _________ is designed to simplify the issues to be tried, obtain admissions of undisputed facts, obtain stipulation as to the genuineness of documentary evidence, agree on the witnesses to be presented and exhibits to be introduced at trial, and allow time for presentation of evidence by each side.
pretrial conference
The Clayton Act of 1914 prohibited ________.
price discrimination
Any means by which police invade a person's reasonable expectation of _________ may be considered a "search" for Fourth Amendment purposes.
privacy
A legitimate justification for a warrantless search and seizure is the need __________.
to prevent a crime from taking place
The Supreme Court has said that courts should view the determination of probable cause as a commonsense, practical question that must be decided in light of the _______ in a given case.
totality of circumstances
Forms of review in criminal cases include _______.
trial de novo appeal of right postconvition relief all of the above
The body of persons summoned to be jurors is referred to as the _______.
venire
During the penalty phase of a capital trial, the prosecutor will often counter emotional pleas on the defendant's behalf by presenting ________ evidence.
victim impact
In selecting a trial jury, prospective jurors are questioned in a process called the __________.
voir dire
