law midterm 2

In a civil trial, the standard of proof—preponderance of the evidence—would have a certainty range of:

51 percent

In a criminal trial, the standard of proof—beyond a reasonable doubt—would have a certainty range of:

99 percent

Which of the following is a critical limitation on state police power?

It cannot interfere with Congress' power to regulate interstate commerce.

Which of the following statements best describes a quasi-contract?

It is a type of equitable remedy that may be imposed on parties to avoid unjust enrichment to one party at the expense of the other.

What is read to persons in custody, so that they are made aware of some of their constitutional rights?

Miranda rights

Which of the following terms cannot be "filled in" by the Uniform Commercial Code gap fillers?

Quantity

Assume that a federal statute and the accompanying federal agency regulations had developed a comprehensive process for approving new boat designs before they could be manufactured. These federal laws had developed out of a long series of negotiations between various impacted groups. Royal Yacht, Inc. followed all of the appropriate federal procedures when building their newest line of boats, but there was an accident with one of their boats and a passenger on board the vessel died. The victim's family sued Royal Yacht, Inc. pursuant to the state's negligence and product liability laws for civil damages. However, Royal Yacht, Inc. sought to dismiss. What is the likely result?

State tort law cannot be used if the federal law has pre-empted the field.

Which of the following focuses on the content of government legislation itself?

Substantive due process

Which of the following is one of the two legislative branches established by Article I of the Constitution?

The House of Representatives

Which of the following requires certain contracts to be in writing and signed by the defendant to be enforceable against the defendant?

The Statute of Frauds

Identify the correct statement about common-law contracts.

The acceptance must be precisely the same as the offer.

Which of the following best describes the term habeas corpus?

The right to seek release from unlawful detention by petitioning a neutral judge

What is the exclusionary rule?

a law that prohibits the use of illegally obtained evidence in a criminal trial.

The due process clause:

advocates fundamental fairness and decency.

Identify the correct statement about common-law contracts.

all common-law contracts must contain valid consideration

The standard of proof in a criminal trial is:

beyond reasonable doubt

The _____ restricts the states' abilities to regulate commerce, rather than the federal government's

dormant commerce clause

_____ is a constitutional guarantee of fairness by procedure.

due process

If a search occurs without a warrant, the search is always illegal.

false

If the state cannot prove its case, then the defendant will be released and he/she may be tried for that crime again

false

The standard of proof in a civil trial requires the plaintiff to prove the case beyond a reasonable doubt.

false

the dormant commerce clause expands the state's abilities to regulate commerce.

false

After a finding of probable cause, police obtain a warrant that specifies: "Jennifer's house can be searched." When the police execute this warrant, they find bags of cocaine in plain view on the coffee table. This evidence will be admissible at trial.

false, This warrant is not valid, because, while it does specify place, it does not particularly describe the person or thing to be seized. If the warrant is not valid, then the cocaine is "fruit of the poisonous tree" (even though it would qualify as a Plain View seizure which could take place without a separate warrant) and will, thereby, be excluded from evidence at trial.

When someone is charged with committing a crime, he/she is charged by the government in a(n)

indictment

What is actus reus?

it is the term for a guilty act

According to what rule is an acceptance valid and effective as soon as the offeree deposits the acceptance in the mail?

mailbox rule

To be convicted of a crime, someone must possess the required criminal state of mind or

mens rea

The Fourteenth Amendment to the Constitution

prevents any state from depriving citizens of their rights without "due process of law."

According to the Fourth Amendment requirements, the government must first obtain a search warrant to search a particular area for particular items if there is a reasonable expectation of privacy in the area to be searched. The search warrant is issued only on:

probable cause

According to the _____, before a government can move to take away life, liberty, or property, the defendant is entitled to at least adequate notice, a hearing, and a neutral judge.

procedural due process

With reference to the bicameral legislature in the United States, the _____ is a smaller body with one hundred members (two from each state) and with less frequent elections.

senate

With reference to the bicameral legislature in the United States, the _____ maintains the exclusive right to provide advice and consent to the president

senate

The standard of review in which the government must prove the law is justified by a compelling government interest is known as:

strict scrutiny

Burning the U.S. flag as a form of protest against a U.S. government policy is an example of:

symbolic speech

the right to remain silent is guaranteed under:

the 5th amendment

A state law that discriminates against out-of-state commerce, or places an undue burden on interstate commerce, would violate the dormant commerce clause

true

Congress has the power to protect intellectual property in copyrights and patents.

true

Exigent circumstances mean that no warrant is required in the event of an emergency.

true

In a criminal case, the defendant is presumed to be innocent unless and until he/she is proven guilty.

true

In a criminal case, the due process requirements are higher than in a civil case.

true

Individuals involved in white-collar crime are criminally liable for their own actions.

true

Not all types of speech are protected by the First Amendment to the Constitution

true

The Sixth Amendment guarantees that criminal defendants are entitled to an attorney during any phase of a criminal proceeding where there is a likelihood of imprisonment.

true