MGT 201 Exam 2

Which of the following statements is true regarding states' powers?

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

Identify the correct statement about criminal law.

An attorney is provided if the defendant cannot afford one.

During the time of the Revolutionary War against Great Britain, the states were governed by the _____.

Articles of Confederation

Which of the following is true about crime?

Crime undermines the expectations that we all have about living in a civil society.

_____ is a constitutional guarantee of fairness by procedure.

Due process

_____ occurs when the government induces someone to commit a crime that he/she had no previous propensity to commit.

Entrapment

A felony is a less serious offense than a misdemeanor, as determined by the legislative body and reflected in the relevant statutes. True/False

False

According to the Bill of Rights, states are required to provide juries in civil trials. True/False

False

Courts use the Miller test to determine if a speech can be categorized as symbolic speech. True/False

False

Cybercrimes do not include activities like hacking and identity theft. True/False

False

Embezzlement strategies cannot involve wire fraud. True/False

False

Even though it may seem like a very bad thing to lose one's liberty in a civil case, the loss of one's assets is considered to be a more serious loss. True/False

False

If evidence were obtained in violation of the Fifth Amendment, then it cannot be used against the defendant in a court of law.

False

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

False

Lying to the defendant is a constitutional violation.

False

Nowadays, all judges have the leeway to use their judgment when sentencing convicted criminals. True/False

False

Our criminal justice system's penalties exist mainly for the purpose of retribution. True/False

False

Persons visiting the United States temporarily, such as tourists and students, as well as undocumented aliens, are not entitled to the full protections of the U.S. Constitution while subject to U.S. law. True/False

False

Political speech is always written or uttered. True/False

False

Private citizens may prosecute each other for crimes. True/False

False

Restitution is most commonly used in illegal drug trafficking cases to seize property used during the commission of a crime. True/False

False

Since a corporation is not considered a legal person, it cannot be convicted of a crime. True/False

False

The Eighth Amendment to the Constitution prevents any state from depriving citizens of their rights without "due process of law." True/False

False

The Fifth Amendment to the Constitution prohibits "cruel and unusual" punishment. True/False

False

The First Amendment to the Constitution prohibits the government from restricting the free exercise of religion—this is called the Confrontation Clause. True/False

False

The U.S. Constitution is both the first constitution adopted by the original thirteen colonies, and the oldest written constitution still in force. True/False

False

A man can choose to follow any religion that he personally likes and believes in. Which of the following sections of the Amendments ensures the right to do this?

Free Exercise Clause

With reference to the bicameral legislature in the United States, the _____ retains the exclusive right to originate bills raising revenue (taxation).

House of Representatives

Which federal agency investigates financial institution fraud?

IRS

What is an infraction?

It is a criminal offense, which is less serious than a misdemeanor.

What is the exclusionary rule?

It is a means to suppress evidence that was obtained illegally.

Which of the following statements is true about forfeiture?

It is commonly used in illegal drug trafficking cases to seize property used during the commission of a crime.

What is Embezzlement?

It occurs when someone takes property that was in his or her possession lawfully and then converts it to his or her own use.

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

Miranda warnings

_____ occurs when funds gained from illegal activities are processed through a seemingly legitimate business to "clean" the funds from association with criminal activities.

Money Laundering

Which of the following means that no warrant is required to conduct a search or to seize evidence?

Plain View Doctrine

Which of the following types of speech is generally recognized by courts as speech most deserving of protection?

Political Speech

_____ implies that the state must prove the case against the defendant before the government can impose punishment.

Presumption of innocence

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

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

Substantive due process

Which of the following acts prohibits discrimination against U.S. citizens on the basis of race, color, national origin, and sex?

The Civil Rights Act

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 is true of the Articles of Confederation?

The articles reserved the power to regulate commerce to the states.

The right to remain silent is guaranteed under:

The fifth amendment

Which Amendment to the U.S. Constitution prohibits double jeopardy?

The fifth amendment

Which of the following statements is true about the Federal Sentencing Guidelines?

The guidelines are only advisory due to the U.S. Supreme Court's decision in United States v. Booker, which held that a wide range of factors should be taken into consideration when sentencing offenders.

Which of the following best describes the term habeas corpus?

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

Which of the following places is considered the right place to deal with contemporary political issues?

The state level

Identify the correct statement about white-collar crimes.

These crimes are committed in the professional work environment for financial gain through the use of deception.

Which of the following is true of the "three strikes" laws?

They carry extremely harsh penalties for relatively minor offenses.

A convicted criminal will be subject to various civil disabilities, depending on the state in which he/she lives. True/False

True

Being part of an organization has a way of making someone feel insulated and "safe" when committing wrongdoings. True/False

True

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

True

If someone is not per se involved with organized crime, the Racketeer Influenced and Corrupt Organizations Act (RICO) charges can be brought against the defendant who has violated the statute. True/False

True

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

True

Not all types of speech are protected by the First Amendment to the Constitution. True/False

True

Obscene speech is not subject to any protection under the First Amendment to the Constitution. True/False

True

Once a defendant is convicted of a crime, he/she is a criminal. True/False

True

Punishments committed by "white-collar criminals" are the same as those committed by any criminal. True/False

True

The Equal Protection Clause is implicated anytime a law limits the liberty of some people but not others. True/False

True

The First Amendment to the Constitution prohibits the government from establishing any religion—this is called the Establishment Clause. True/False

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/False

True

The due process clause appears in both the Fifth Amendment and the Fourteenth Amendment to the Constitution. True/False

True

The plain view doctrine means that no warrant is required to conduct a search if it appears in the plain view of a government agent. True/False

True

Which of the following terms refers to a constitutional test created by the Supreme Court to determine a law's validity?

Undue Burden

_____ is the willful or malicious destruction of property.

Vandalism

The due process clause:

advocates fundamental fairness and decency.

If someone intentionally burns down his office building because he wishes to collect under his fire insurance policy, then he has committed insurance fraud by:

arson

The standard of proof in a criminal trial is:

beyond a reasonable doubt

Article I of the Constitution establishes the legislative branch through a(n) _____.

bicameral legislature

According to the doctrine of state secrets, _____.

certain sensitive information on national security cannot be disclosed in court

Product advertising is typically an example of _____ speech.

commercial

The term reparations refers to:

compensation for past injury

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

dormant commerce clause

A fifty year jail sentence for stealing a pack of cigarettes would violate the:

eighth amendment

With reference to the Constitution, the doctrine of incorporation:

extends limitations on government behavior in the Bill of Rights to apply to the states as well.

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

false

The Constitution outlines what government must do, as opposed to what government cannot do. True/False

false

The Senate retains the right to impeach officials for "high crimes and misdemeanors," and the House tries such impeached officials. True/False

false

The dormant commerce clause expands the state's abilities to regulate commerce. True/False

false

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

false

Traditionally, if a state's citizen purchases goods from a seller out of state, he would pay the sales tax directly to the government. True/False

false

The involuntary loss of ownership of property is known as:

forfeiture

Which of the following terms best describes formally accusing an elected official of misconduct?

impeachment

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 a term for the guilty act

Identify the correct statement about the Eighth Amendment.

it prohibits cruel and unusual punishment

_____ is an exception to the warrant requirement, specifically referring to a pat-down search permitted when someone is lawfully arrested.

lawful arrest

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

mens rea

Courts use the Miller test to determine if a speech can be categorized as _____.

obscene

The standard of proof in a civil trial requires the plaintiff to prove the case:

only by a preponderance of the evidence

Someone who lies under oath, even if he/she thinks there is a good reason to do so, has committed the crime of:

perjury

Speech uttered to advocate the overthrow of government is most likely to be an example of:

political speech

Representation in the lower House of Representatives is proportionate to a state's _____.

population

Which of the following terms best describes the doctrine that permits federal law to trump, and render unenforceable, conflicting state laws?

preemption

The Fourteenth Amendment to the Constitution:

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

The doctrine of prior restraint:

prevents the government from restricting or punishing speech before it is uttered or published.

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

When a criminal is under the supervision of the court but is not confined, it is known as:

probation

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

The Eighth Amendment to the Constitution:

prohibits "cruel and unusual" punishment.

The Establishment Clause:

prohibits the government from establishing a religion.

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

federalism refers to:

the division and sharing of power between the central and state governments.

Since crimes are public injuries, they are punishable only by:

the government

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/False

true

A transaction that takes place inside a state would create a nexus for sales tax to attach. True/False

true

If a state required out-of-state corporations to pay a higher tax or fee than an in-state corporation, that would be unconstitutional. True/False

true

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

true

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

true

States are permitted to tax, but only if the activity taxed has a nexus to the state. True/False

true

The division of enumerated powers between the legislative, judicial and executive branches is known as the separation of powers. True/False

true

The general power of states to regulate for the health, safety, and general welfare of the public is known as police power. True/False

true

Which of the following terms relates to the president's total and complete control over the branch of government that is established by Article II of the Constitution?

unitary executive theory