Pre Midterm
Which of the following is designed in a civil case to make the wronged party whole? *Equitable relief *Jail *Fine *Damages
Damages
Chris, a resident of Kentucky, was charged with a bank robbery worth $95,000 in Florida. In which of the following courts should his case be filed? *Small claims court *Tax court *Appellate court *District court
District court
The __________ Clause of the United States Constitution holds federal laws __________ to state laws in cases of conflict between the two bodies of law. *Takings; inferior *Equal Protection Clause; inferior *Due Process Clause; superior *Supremacy; superior
Supremacy; superior
Conviction of a felony may, in some cases, also result in disenfranchisement. True False
True
If a few citizens of Boston seek permission for the use of loudspeakers for providing public speeches in a residential neighborhood, the government can impose reasonable restrictions on the time, place, or manner of its use if the restriction applies equally to all types of expression. True False
True
If parties to a dispute are from different states, and the amount involved in the dispute is $75,000 or more, the plaintiff may choose to bring suit in either state or federal court. True False
True
Mens rea is an element of most serious crimes. True False
True
Negligence is an unintentional breach of duty by the defendant that results in harm to another. True False
True
Persons who are injured by the tortious act of another may file a civil suit for actual damages to compensate them for their injuries. True False
True
RICO is designed to stop the entry of organized crime into legitimate business enterprises. True False
True
Substantive due process protects people from arbitrary or unreasonable governmental interference with their life, liberty, or property rights. True False
True
The 23rd Amendment grants the District of Columbia electoral votes for Presidential elections, but not seats in Congress. True False
True
The Equal Protection Clause of the Fourteenth Amendment prohibits any state from arbitrarily discriminating against persons. True False
True
The law of negligence holds our behavior up to an objective standard of conduct. True False
True
The partial obstruction of a person's progress does not constitute false imprisonment. True False
True
The plaintiff's burden of proof in a tort case is by a preponderance of the evidence. This means that when both sides have presented their evidence, the greater weight of the believable evidence must be on the plaintiff's side. True False
True
Under the notion of federalism, the United States is composed of 51 legal systems (+DC). True False
True
Under the responsible corporate officer doctrine, some corporate officials are being tried for homicide and related crimes because prosecutors feel that the official's actions, or lack thereof, are responsible for the deaths or serious injuries of employees and consumers. True False
True
Whether a given act is classified as criminal or not is a social question. True False
True
Alvin has been accused of murdering his wife Marilyn in their home in Cincinnati, Ohio. The murder has received a great deal of media attention, and Alvin believes he cannot receive a fair trial if the case is tried in his hometown. Alvin believes he would receive a fair trial if the case is heard before a jury in Cleveland. To make his case for transfer of the trial from Cincinnati to Cleveland, Alvin will need to ask the court for __________. *in personam jurisdiction *a change of venue *in rem jurisdiction *a summary judgment
a change of venue
Sometimes, when a defendant's actions have injured many plaintiffs, their claims may be consolidated into __________. *a multistate lawsuit *cross-complaints *counterclaims *a class action lawsuit
a class action lawsuit
Generally, the role of appellate courts is to: *accept the findings of the trial court unless there is proof beyond reasonable doubt that the trial court either committed an error of law or abused its discretion. *review the proceedings in the trial court and correct legal errors made by the trial judge. *rehear the testimony of trial court witnesses. *establish new facts for all cases.
review the proceedings in the trial court and correct legal errors made by the trial judge.
The Sixth Amendment to the United States Constitution guarantees accused persons the right to a: *hearing by a neutral mediator through non-binding mediation. *private trial by a panel of neutral judges. *speedy, public trial by a jury of their peers. *hearing by a neutral arbitrator through binding arbitration.
speedy, public trial by a jury of their peers.
Jurisdiction is defined as: *the unlimited authority of the court. *the authority of a court to hear and determine disputes. *the power an individual appointed within an organization possesses to settle disputes. *the process by which legal cases are decided.
the authority of a court to hear and determine disputes.
Which of the following phrases is relevant to the Fourth Amendment? *"deprive any person of life, liberty, or property, without due process of law" *"nor cruel and unusual punishments inflicted" *"unreasonable searches and seizures" *"in time of peace, be quartered by any house"
"unreasonable searches and seizures"
Which article and section identifies the minimum qualifications to run for President of the United States? Article I, Section 1 Article II, Section 1 Article I, Section 2 Article II, Section 2
Article II, Section 1
If the Upper Peninsula of Michigan wanted to be part of Wisconsin, what part of the Constitution governs the rules regarding state and territorial formation? Article I, Section 9 Article I, Section 10 Article IV, Section 4 Article IV, Section 3
Article IV, Section 3
Which Article of the Constitution governs the amendment process? Article VII Article V Article IV Article VI Article III Article II Article I
Article V
The __________ Clause of the Fourteenth Amendment to the United States Constitution prohibits any state from arbitrarily discriminating against persons. *Substantive Due Process *Civil Rights *Equal Protection *Procedural Due Process
Equal protection
Mediation is a situation in which a third party rules on a dispute between two parties and it is binding. True False
False
Negligent persons are generally not held liable for diseases their victims contract while weakened by their injuries. True False
False
Res ipsa loquitur means "identify the proximate cause." True False
False
The Supremacy Clause of the U.S. Constitution gives the federal government the power to regulate commerce "with foreign nations" and "among the several states." True False
False
The Twentieth Amendment states that voting shall not be denied or abridged due to failure to pay a poll tax or tax. True False
False
The names of the various courts and the way jurisdiction is divided between them are uniform from state to state. True False
False
Which of the following are potential sources of law in the United States? *Privately bargained laws and ordinances *Common Sense *Executive Orders *Administrative Agencies *Constitution *Common law *Statutes
*Privately bargained laws and ordinances *Executive Orders *Administrative Agencies *Constitution *Common law *Statutes
The serving of a summary judgment on the defendant gives notice to the defendant of the suit, informs him or her who the plaintiff is, and states the time within which the defendant must make an appearance. True False
False
Torts are public (criminal) wrongs against persons or property. True False
False
Women were allowed to vote nationwide during World War I. True False
False
An administrative agency's rule-making power is derived from Article 3 of the United States Constitution. True False
False
Eighteen year olds were allowed to vote in the 1968 Presidential election. True False
False
If Jamal is carefully driving his car within the speed limit and an inebriated Eddie darts into Jamal's car and is hit, Jamal is liable for Eddie's injuries. True False
False
If Kamala Harris were to assume the Presidency in 2022, and re-elected in 2024, she would be eligible to run for President in 2028. True False
False
Put these procedural events is chronological order in a case. 1. Complaint 2. Discovery 3. Trial 4. Answer
1. Complaint 2. Answer 3. Discovery 4. Trial
How many Federal Court districts are there? (Supposed to be "how many Federal district CIRCUITS." The question was worded wrong)
12
Which amendment provides the source of the Equal Protection clause? 14th 13th 17th 1st
14th
Which amendment was repealed? 17th 21st 18th 19th
18th
If a judicial precedent is established by a state court in Arizona: *a state court in California may follow the precedent, but it is not bound to do so. *the same court (or higher court in Arizona) must revisit the issue within twenty years in order to acknowledge socioculture change, and to incorporate such change in newly-established precedent. *a state court in California must adhere to it. *a federal court in New Mexico must adhere to it.
A state court in California may follow the precedent, but it is not bound to do so.
Please fill in the important missing phrases in the First Amendment. Congress shall make no law respecting an [A] of religion, or prohibiting the [B] thereof; or abridging the freedom of [C], or of the [D] ; or the right of the people [E], and to petition the Government for a redress of grievances.
A. establishment B. free exercise C. speech D. press E. peaceably to assemble
Please fill in the missing phrases in the Second Amendment A [A] Militia, being [B] to the [C] of a [D], the right of the people to keep and bear Arms, shall not be infringed.
A. well regulated B. necessary C. security D. free state
Which article and section identifies the Commerce Clause, or the right for Congress to regulate commerce? Article I, Section 8 Article I, Section 9 Article I, Section 10 Article I, Section 3
Article I, Section 8
Which of the following arises when courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule? *Statutory Law *Common Law *Judicial review *Executive orders
Common Law
Private persons may create legally binding obligations on one another through their power to: *Contract *Tax *Litigate *Review
Contract
Which of the following is true regarding felonies and misdemeanors? *Misdemeanors are generally punishable by confinement in a penitentiary for substantial periods of time. *Crimes are usually classified as felonies or misdemeanors, depending on the defendant's prior criminal record. *Conviction of a felony may bar a person from practicing certain professions. *Conviction of a felony may not result in disenfranchisement.
Conviction of a felony may bar a person from practicing certain professions.
Esther is upset with her roommate Julio because he refuses to clean up after himself. In a fit of rage, Esther tries to hit him on his head, but she misses. At the time, Julio was turned away from Esther and was completely unaware that she tried to hit him. In this situation, __________. *Esther is liable only for battery *Esther is liable neither for battery nor assault *Esther is liable only for assault *Esther is liable for both battery and assault
Esther is liable neither for battery nor assault
Which of the following is true regarding the federal and state constitutions? *The U.S. Constitution has had only 21 additional amendments in the more than 200 years since the adoption of the Bill of Rights. *The U.S. Constitution is much more specific and detailed than the various state constitutions. *Every other form of law must be consistent with the United States Constitution or it will be struck down by the courts. *Compared to the U.S. Constitution, state constitutions are much more adaptable to changing conditions.
Every other form of law must be consistent with the United States Constitution or it will be struck down by the courts.
Over the many years of being his neighbor, George has noticed that Tony is a very angry person. On numerous occasions, George has overheard Tony yelling at his wife and two children (George doesn't have a family of his own and believes Tony should be more grateful for and respectful of his family members). Worried, George went to the local courthouse to search Tony's criminal record, and although Tony had no prior convictions for assault, that did nothing to allay George's concern. George files a complaint against Tony in civil court, seeking a court order (more specifically, an injunction) prohibiting Tony from ever assaulting his wife and two children. What is the likely outcome of George's complaint? *George's complaint will be dismissed, since he has no standing to sue Tony. *George's complaint will be successful, since assault is both a civil and a criminal matter. *George's complaint will be dismissed, since assault is a criminal, not a civil, matter. *George's complaint will be successful, since he has standing to sue Tony as his neighbor.
George's complaint will be dismissed, since he has no standing to sue Tony.
Howie Sevier is a popular talk show in which the host, Howie, likes to take a confrontational approach to interviewing his guests. Howie is a smoker. He invites Alice, a well-known anti-smoking advocate, to be on his show. During the interview, Howie attempts to demonstrate the harmless effects of passive smoking by blowing smoke directly at Alice's face even after she resisted. Which of the following is most likely to be true if Alice decides to press charges against Howie? *Howie may be liable for battery. *Howie will be liable for defamation. *Howie will not be liable for battery because he did not touch her body. *Howie may be liable for false imprisonment.
Howie may be liable for battery.
The states retain the exclusive power to regulate __________ commerce. *intrastate *All choices are correct. *interstate *international
IntRAstate
Which of the following is true regarding the government's calculation of just compensation for a taking? *It entails calculating the fair market value of the property involved in the taking, plus all projected future profits. *It includes the landowner's emotional attachment to his or her land. *It entails calculating the fair market value of the property involved in the taking. *The government is required to use the landowner's subjective opinion of fair market value as prima facie evidence of the property's true worth.
It entails calculating the fair market value of the property involved in the taking.
Alexander has been charged with armed robbery of a convenience store in Portland, Oregon. He retains attorney Lewis A. Clarke, III to represent him, and while preparing his defense, Alexander confesses to attorney Clarke that he did indeed rob the liquor store. Which of the following is true regarding Alexander's confession to Clarke? *Since the confession relates to a criminal matter, it is not protected by the attorney-client privilege, and in the interests of justice, attorney Clarke must divulge it to the prosecution and the court. *It is protected by the attorney-client privilege, and Clarke is prohibited from divulging this information to the prosecution and the court. *Pursuant to the attorney-client privilege, just like Alexander had the privilege to decide whether to divulge this information to his attorney, attorney Clarke also has privilege to decide whether to divulge it to the prosecution and the court. *It is protected as a professional courtesy, and Clarke is prohibited from divulging this information to the prosecution and the court.
It is protected by the attorney-client privilege, and Clarke is prohibited from divulging this information to the prosecution and the court.
Which of the following is true of the burden of proof in a criminal trial? *It must be proof beyond a reasonable doubt. *It is identical to the burden of proof in a civil case. *It is less than the burden of proof in a civil case. *It is placed on the defendant, since the defendant has been charged with not only committing a wrong against an individual victim, but a wrong against society as well.
It must be proof beyond a reasonable doubt.
Which of the following statements is true of the Racketeer Influenced and Corrupt Organizations Act (RICO)? *Participating in an enterprise through a pattern of racketeering activity is permissible. *Companies involved in bribery do not face civil liability. *To be charged for racketeering, the prosecution must prove, at a minimum, the commission of a single offense within a 10-year period. *It prohibits using income derived from racketeering activity to acquire an interest in an enterprise.
It prohibits using income derived from racketeering activity to acquire an interest in an enterprise.
Which of the following statements is true of the Miranda warning? *It requires the police to inform persons taken into custody of their right to remain silent. *It gives defendants the right to a speedy, public trial by a jury of their peers. *It allows persons accused of crimes the right to confront and cross-examine their accusers. *It is a protection offered to United States citizens under the Eighth Amendment to the U.S. Constitution.
It requires the police to inform persons taken into custody of their right to remain silent.
Which of the following statements is true about the Federal Sentencing Guidelines? *They are designed to establish consistent sentences for state crimes. *They specifically mandate lenient penalties for white collar crimes, since they are nonviolent criminal offenses. *The United States Supreme Court has held that the Federal Sentencing Guidelines are mandatory; accordingly, judges cannot review sentences for reasonableness. *Judges are supposed to use a formula based on issues such as the seriousness of the crime and the defendant's criminal record.
Judges are supposed to use a formula based on issues such as the seriousness of the crime and the defendant's criminal record.
Dr. Thomas is a neurosurgeon. He appears on a television talk show to discuss his occupation and scientific discipline. During the show Dr. Thomas claims that Hyacinth Marley, a renowned natural healer, is a "snake oil salesman in the business of killing his patients for money." Based on which of the following legal theories can Mr. Marley sue Dr. Thomas? Invasion of privacy Libel False imprisonment Conversion
Libel
Jean, a restaurant critic, publishes a review in a national daily covering "That's a Wrap," a downtown Chicago delicatessen. In his review, Jean proclaims that the sandwiches served at That's a Wrap are usually not fresh. Tom, the deli owner, notices a significant decrease in customers after the review is published. Although Jean's proclamation is true (as supported by a multitude of customer reviews posted online), Tom initiates litigation against Jean, claiming defamation. Will Tom be successful in his lawsuit against Jean? *No, because pursuant to the Litigation Modernization Act of 2003, defamation disputes can only be resolved via alternative dispute resolution (specifically, arbitration or mediation ). *Yes, because Jean abused his conditional privilege. *Yes, because Jean communicated the statement to third persons and defamed Tom. *No, because Jean has the defense of truth.
No, because Jean has the defense of truth.
What type of damages are used to punish the defendant and deter the defendant and others from repeating behavior that is particularly offensive? Compensatory Punitive Consequential Nominal
Punitive
A law written and passed by the state legislature is an example of which of the following: *Administrative rules *Common law *Judicial decisions *Statutory Law
Statutory Law
The first ten Amendments to the United States Constitution are referred to as: *The Bill of Rights *The Preamble *The Ten Commandments *The Articles
The Bill of Rights
On which section of the U.S. Constitution would Congress most likely rely in seeking to pass legislation strengthening laws prohibiting discrimination against certain categories of people? *The Checks and Balances Clause *The Anti-Discrimination Clause *The Federalism Clause *The Commerce Clause
The Commerce Clause
Which of the following is true regarding the United States Constitution and freedom of religion? *When challenges to governmental actions affecting religion arise, courts generally resolve them by insisting that the government endorse a particular religious practice or belief. *The Free Exercise Clause specifically prohibits governmental sponsorship of religion. *The Establishment Clause specifically prohibits governmental interference with religion. *The First Amendment has two clauses offering constitutional protection for religion.
The First Amendment has two clauses offering constitutional protection for religion.
Which of the following is true regarding the Fourth and Fifth Amendments to the United States Constitution? *Pursuant to the Fifth Amendment's primary goal of the actual realization of justice in the criminal justice system, criminal defendants can be compelled to testify against themselves. *The Fifth Amendment protects individuals from arbitrary and unreasonable governmental intrusion on their right to privacy. *The Fourth and Fifth Amendment safeguards protecting criminal defendants are absolute. *The Fourth Amendment protects individuals from arbitrary and unreasonable governmental intrusion on their right to privacy.
The Fourth Amendment protects individuals from arbitrary and unreasonable governmental intrusion on their right to privacy.
A plaintiff in a negligence suit must prove that the defendant had a duty not to injure the plaintiff. True False
True
Which of the following statements is true about conversion and trespass to personal property? *Trespass to personal property does not require intent, while conversion does. *The degree of interference with another's property rights acts as a basis for the difference between the two. *Courts do not consider extent of harm to property as a difference between conversion and trespass. *Consent act is a defense to conversion but will not be considered as a defense for trespass to personal property.
The degree of interference with another's property rights acts as a basis for the difference between the two.
Which of the following is true regarding judicial precedent? *The highest appeals court in a jurisdiction cannot overrule a precedent case, due to stare decisis. *The highest appeals court in a jurisdiction cannot overrule a precedent case, due to caveat emptor. *The highest appeals court in a jurisdiction can overrule a precedent case, and this occurs frequently. *The highest appeals court in a jurisdiction can overrule a precedent case, but this does not occur frequently.
The highest appeals court in a jurisdiction can overrule a precedent case, but this does not occur frequently.
Which of the following is true regarding the tort of assault? *Assault is putting another in apprehension of an eventual threat to his or her physical safety. *Most courts say that "mere words are enough" for assault. *Contact is necessary. *The tort of assault is designed to protect people from threats of battery.
The tort of assault is designed to protect people from threats of battery.
A rapist is criminally liable for the crime of rape and is also civilly liable for the torts of assault, battery, false imprisonment, and intentional infliction of emotional distress. True False
True
Which of the following is true about administrative agencies? *They are, in theory, part of the executive branch of government, but they may also perform legislative and judicial functions. *They rarely have the power to both issue regulations and investigate when such regulations have been violated. *They may make regulations that are advisory in nature, but cannot make regulations that have the force of law. *They never adjudicate disputes involving the statutes they are charged with enforcing.
They are, in theory, part of the executive branch of government, but they may also perform legislative and judicial functions.
To appeal a decision, __________. *a party must prepare for a new fact-finding process and must be dissatisfied with the judgment of the court *a party must claim that the court made an error of law or that the evidence in the trial did not support the trial court's decision *a party need not have objected to a judge's action at the time the alleged error was made *the defendant must show that the errors made were not material
a party must claim that the court made an error of law or that the evidence in the trial did not support the trial court's decision
The least touching can be a battery if it causes injury or would be considered offensive to __________. *the twelve members of the trial jury *a neutral and detached judge, magistrate, arbitrator or mediator *a plaintiff of extraordinary sensibilities *a person of ordinary sensibilities
a person of ordinary sensibilities
For a public figure to sue for defamation, the person must prove: ordinary negligence actual malice strict liability gross negligence
actual malice
Stare decisis means to: *adhere to decided cases. *examine the likely outcome of a particular judicial decision. *enforce a standard of strict liability. *be both firm and fair in judicial decision-making.
adhere to decided cases.
The preponderance of the evidence standard of proof is applied in __________. some criminal cases all criminal cases all civil cases some civil cases
all civil cases
What type of legal system is the United States legal system based on? *common law *statutory law *civil law *treatise law
common law
For a person to be convicted of criminal behavior, the state must: *demonstrate a prior statutory prohibition of the act; prove beyond a reasonable doubt that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent. *demonstrate a prior statutory prohibition of the act; prove by a preponderance of the evidence that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent. *demonstrate a subsequent statutory prohibition of the act; prove by a preponderance of the evidence that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to understand the nature of the crime alleged. *demonstrate a subsequent statutory prohibition of the act; prove beyond a reasonable doubt that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent.
demonstrate a prior statutory prohibition of the act; prove beyond a reasonable doubt that the defendant committed every element of the criminal offense prohibited by the statute; and prove that the defendant had the capacity to form a criminal intent.
Salim files a case against Nina for nonpayment of a debt. Before the trial, Nina is examined under oath in the presence of Salim's attorney. This process of examination is known as a(n) __________. *deposition *interrogatory *pretrial conference *direct examination
deposition
The Takings Clause of the United States Constitution is triggered by the power of __________. *adverse possession *equal protection *eminent domain *res ipsa loquitur
eminent domain
The United States Constitution protects against __________ laws. strict liability ex post facto mens rea stare decisis
ex post facto
Pursuant to the __________, evidence resulting from unreasonable searches and seizures cannot be used in criminal prosecutions exclusionary rule preponderance of the evidence requirement Miranda warning prohibition against double jeopardy
exclusionary rule
Mr. Gregg has made an inflammatory speech denouncing the action of the government in the recent war. In this scenario, the court will uphold the governmental restrictions on his speech only: *if it is commercial speech, which will then receive protection under the Fifth Amendment to the U.S. Constitution. *under the Fifth Amendment to the United States Constitution. *if the regulation is the least intrusive means to promote a compelling governmental interest. *under the Fourteenth Amendment to the U.S. Constitution.
if the regulation is the least intrusive means to promote a compelling governmental interest.
Which of the following is a primary component of the Takings Clause? *public purpose *a security interest in the property *a deed of trust associated with the property *adverse possession
public purpose
Which of the following are required for eminent domain (takings)? free exercise public danger public use just compensation
public use just compensation
Alex harbors a deep hatred for Malaika because she publicly humiliated him. Shane is Malaika's business partner who plots to acquire her shares and knows about Alex's resentment toward Malaika. Shane takes Alex on a drinking spree at a local bar where he provokes Alex against Malaika. In a fit of rage, Alex leaves the bar and murders Malaika at her residence. From this scenario, we can conclude that the court would most likely hold Alex: *incapable of premeditation and give him bail. *capable of premeditation and give him the death penalty. *capable of premeditation and punish him for first-degree murder. *incapable of premeditation and punish him for second-degree murder.
incapable of premeditation and punish him for second-degree murder.
Under strict scrutiny analysis, to demonstrate that a government action is constitutional, the government must demonstrate that: *its action bears a rational relationship to its desired end. *it is pursuing a governmental end in the most intrusive manner. *there is no restriction on commercial speech. *it is pursuing a compelling government interest in the least intrusive manner.
it is pursuing a compelling government interest in the least intrusive manner.
In the context of filing a lawsuit, a complaint: *is a rule of law enabling the defendant to win even if all of the plaintiff's allegations are true. *must contain sufficient facts to show that the plaintiff is entitled to some legal relief. *was created to help deal with the increasing congestion of cases in most civil courts. *is a procedural device that is designed to streamline the issues to be addressed at trial.
must contain sufficient facts to show that the plaintiff is entitled to some legal relief.
According to the Fourth Amendment to the United States Constitution, a warrant for a search or an arrest cannot be issued without __________. due diligence probative evidence probable cause reasonable suspicion
probable cause
The "dormant" Commerce Clause limits the authority of the states to interfere with the flow of interstate commerce by: *prohibiting state laws that openly discriminate against interstate commerce. *limiting the states from furthering only state interests. *prohibiting state legislation that unduly burdens intrastate commerce. *limiting a state's ability to tax vendors.
prohibiting state laws that openly discriminate against interstate commerce.
An agency's rule-making power is derived from: *an institutional charter issued by either the Secretary of State of the United States government or the Secretary of State of the particular state in which the agency is to exercise its investigative and adjudicatory powers. *judicial fiat. *the enabling legislation enacted by the U.S. Congress for the creation of the agency. *executive order.
the enabling legislation enacted by the U.S. Congress for the creation of the agency.
Conversion is defined as: *the use of force to drive away a person's customers or employees. *the intentional confinement of a person for an appreciable time without the person's consent. *intrusion on a person's solitude or seclusion and publishing private facts about a person. *the unlawful taking of or exercise of control over the personal property of another person.
the unlawful taking of or exercise of control over the personal property of another person.