la 201 exam 2

In MS, _____ witnesses are required to witness a will.

2

the term of the patent is ________ years from the date on which the application for the patient was filed.

20

The maximum percentage of adjusted gross income that can be withheld from someone's check to pay child support is _____

26%

Which of the following amendments regulates when and where law enforcement officers can search cars, buildings, and residences?

4th

Which of the following amendments regulate when a defendant may request representation and guarantees a defendant certain rights as it relates to trial?

6th amendment

Copyright protection lasts from the moment it is created until the author's life is over plus ___________?

70

Refusing to hire employees who have certain disabilities without showing a sufficient justification as to why is a violation of what federal law?

ADA

Refusing to hire employees on the basis of their age is a violation of what federal law?

ADEA

A proceeding used to obtain a court declaration that no legal marriage ever existed is called ___________.

Annulment

________ have general management power over the corporation. They are responsible for setting general business policies.

Directors

Which of the following cases established that the exclusionary rule applies to the states?

Mapp v Ohio

In _____________, the Supreme Court held that the 14th amendment requires all states to license a marriage between two people of the same sex.

Obergefell v Hodges

___ are chosen to lead the day-to-day management of the business.

Officers

A _________________ is a business owned and operated by one individual.

Sole proprietorships

Which of the following cases established the stop and frisk rule?

Terry v Ohio

In ____________, the Supreme Court ruled that the Defense of Marriage Act (DOMA) was unconstitutional.

United States v Windsor

A business corporation is a legal entity separate from its owners.

true

A contract is defined in the text as an agreement between two or more parties supported by consideration.

true

A primary goal of criminal law is to prevent socially undesirable or unacceptable behavior.

true

In order for concurrence to be complete, the mental state must be the reason that the physical act occurred, and must occur before the physical act.

true

Officers spot illegal narcotics in the back seat of a car during a check point. They can use this evidence against the driver and arrest him without a warrant

true

Parents have a legal duty to support their children.

true

The person creating a trust Is called the settlor.

true

Time restrictions that mandate an offer must be accepted within a certain time frame are legally binding.

true

asking the court to grant the parties something short of a final termination is called legal separation.

true

neutral third parties, normally judges, are used to obtain warrants.

true

The deed in which the grantor guarantees title to the property and promises to defend the grantee against third party claims.

warranty deed

Which of the following is not an element of false imprisonment?

carrying away

Which of the following can't be altered by a prenuptial agreement?

child support

____ property is where each of the parties owns one-half interest in the item.

community

Which of the following is NOT a form of business discussed in the chapter?

corporate proprietorship

_ are organizations created by following statutory guidelines enacted by the state. These organizations have separate legal existence, and they are responsible for their liabilities.

corporation

___ are formal meetings where the parties and attorneys are present and questions are asked.

depositions

The purpose of criminal law that focuses on discouraging people from committing crime by making examples out of defendants is called __________

deterrence

An action that acknowledges a valid marriage existed but the parties now wish to end the marital contract is called _____

divorce

The most common type of family law matter is ___________

divorce

The ____________________ is a criminal procedure rule stating that evidence obtained illegally cannot be used at trial.

exclusionary rule

the beginning of a will that usually identifies the testator, his address, and intent to create a will is called ___

exordium clause

A benefit of legal separation is that if the couple decides later to terminate the marriage, they do not have to go back to court to complete the process.

false

A life estate gives the holder the right to use the property during the lifetime of the holder and the right to sell if needed.

false

Advertisements are considered to be binding offers if accepted.

false

All homicides are crimes.

false

An officer can search you without probable cause

false

In trying to evict a renter, a landowner may use self-help measures like changing locks.

false

Real property is only property, and nothing that can be attached to property.

false

Terminating a marriage can be done by contract and does not require the court

false

The actus reus is referred to as the guilty mind of the defendant.

false

Wills have to be written in writing

false

You can't arrest someone without an arrest warrant.

false

federal laws create minimum wages that must be paid, but if states wish they can pass laws setting a lower minimum wage.

false

for every search or seizure, a warrant is required.

false

once a gift is made it generally can't be revoked.

false

presenting nominal consideration, such as one dollar, to seal an agreement is always legally sufficient.

false

One individual having ownership of a parcel of real estate is generally held in ___________________.

fee simple

Which of the following amendments regulates when a defendant must talk to law enforcement officers or testify in court?

fifth

A homicide that is premeditated, willful, and deliberate is ____

first degree murder

A written will usually prepared by attorneys is called ___

formal

The ____________________ states that evidence discovered as a result of an initial illegal search and seizure is not admissible.

fruit of the poisonous tree

After a long night of partying on the square, an intoxicated Sam opens an unlocked door of a nearby apartment. He knows who lives there, but they are not home. He wants to use the bathroom because he doesn't feel like he can make it home. What part of this fact pattern defeats a burglary charge?

he enters because he wants to use the bathroom

The purpose of criminal law that focuses on taking offenders off the streets so they can't harm any more victims is called _____

incapacitation

In the ____________________, the judge determines that the defendant is the person named in the complaint. The defendant is also told his rights.

initial appearance

hen an officer questions someone believed of committing a crime this is called _

interrogation

____ are written questions sent to a party involved in a lawsuit

interrogations

A ______________________ act occurs when the defendant acts with the knowledge that the result is almost certain to occur.

knowing

A _________________ consists of two or more people who are co-workers of a business for profit. Not all of the co-owners are involved in the management and control. At least one owner will not be fully liable for debts

limited partnerships

A _______________________ becomes effective during the life of the creator and does not fall under the supervision or control of probate court

living trust

Which of the following is not a trademark?

material used to make yeti coolers

Which of the following is not considered to be an essential term?

method of delivery

What rule requires that an acceptance of an offer must not involve any change to the terms or conditions of the offer?

mirror image rule

A _______________________ secures a debt owed to a person by a landowner.

mortgage

An oral will made by one on his or her deathbed is called ____

nuncupative

Officers have a search warrant to search a house for narcotics. The warrant states they are looking for narcotics, and nothing else. Where can they not search?

paper bank records looking for evidence of illegal activity

A _____________________ gives the creator the exclusive right to his or her invention and prevents others from unauthorized use of the product or process.

patent

Which of the following is not a possible remedy for breach?

prison

In which of the following circumstances would a court most likely award specific performance?

sale of a house

_ property is property in which the marital partner has no legal interest.

separate

____ are owners of a business.

shareholders

If a brother and his sister own their childhood home together, and the ownership rights pass to their heirs in the event of death, this is called ______

tenants in common

A _______________________ is created by a will and becomes effective upon the death of the creator.

testamentary

Material breach:

Building a lake house and forgetting to add a fourth bedroom

Refusing to hire employees who are a particular race is a violation of what federal law?

Civil rights act of 1964

Which of the following is not one of the three categories of wills?

acknowledged

In Katz v. U.S., why did the court rule that the government rule that law enforcement officers violated Katz's constitutional rights?

all of the above

Probate involves ___

all of the above

Which of the following can be considered a writing?

all of the above

Which of the following is not legal subject matter

all of the above

Which of the following would not qualify as a capable party?

all of the above

which of the following is not going to be considered a fixture?

all of the above

__ is property that would be considered community property if it had been acquired while the parties were living in a community property jurisdiction.

quasi-community

A _______________________ act occurs when the defendant acts with a conscious disregard that a substantial and unjustifiable risk will result.

reckless

The purpose of criminal law that focuses on the offender and trying to prepare that person for entering society after serving his or her sentence is called ___

rehabilitation

the purpose of criminal law that focuses on punishing the offender and giving him his "just desserts" for committing criminal acts is called ___________

retribution