Blaw testbank 1

******Being convicted of a third D.U.I. within a five (5) year period in Mississippi is still a misdemeanor. a. True b. False

a

Although RICO was passed to deal with gangsters it is often used against businessmen who break the law. a. True b. False

a

An appeals court can rule that a trial court's ultimate ruling was correct even if the trial court made some minor errors during the trial. a. True b. False

a

By creating three independent and equal branches of the federal government, the U.S. Constitution prevented the federal government's power from being concentrated in one particular branch. a. True b. False

a

Entrapment can be a valid defense to a criminal act. a. True b. False

a

If Mississippi passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be invalid as an unreasonable restriction of free speech. a. True b. False

a

In the United States, there is sometimes a right to a jury trial in a civil case. a. True b. False

a

Lois is running for political office. She trails the incumbent and decides to start running a series of "attack ads." The attack ads are very effective and one week before the election it appears that she has drawn even with her opponent. Lois admits that the attack ads were exaggerations and contained some distortions. Which statement is correct? a. Lois has engaged in unethical behavior. b. Lois has engaged in ethical behavior since she has an obligation to her supporters to run a campaign that will help her get elected. c. It is not possible to determine whether Lois's attack ads were ethical or unethical. d. Assuming Lois's attack ads were unethical, her conduct is justified and proper if she to gets elected.

a

Personal jurisdiction: a. may be obtained by personally serving a person within a state if that person is domiciled there b. is also known as in rem jurisdiction c. is obtained by seizing the defendant's property d. may arise only through a party's consent

a

Sid burned his own warehouse in an attempt to collect on a fire insurance policy. Sid has committed: a. arson. b. larceny since he committed an act intended to wrongfully obtain money from his insurance company. c. a crime called "burning to defraud insurers" since the crime of arson only applies to property owned by another person. d. an intentional tort, but not a crime since a person has a right to destroy his own property. -

a

The 5th Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment. a. True b. False

a

The Board of Directors of Oliver Winery, Inc. met to consider whether the company would expand into the fortified wine market. Fortified wine is essentially a low cost, high sugar and higher alcohol wine, and it is expected to increase Oliver Winery's sales and profits. In making this decision, the interests of Oliver Winery's various stakeholders affected by this decision may conflict. a. True b. False

a

The Mississippi legislature passed a law that requires abortion clinics in the state to have a board certified obstetrician-gynecologist on staff who has admitting privileges to a local hospital. This law is: a. a statute b. an executive order c. an ordinance d. an administrative rule

a

The President of the United States: a. can veto Congressional legislation b. determines the constitutionality of statutes c. creates federal common law d. can invalidate Supreme Court rulings

a

The fastest growing method of dispute resolution in the United States is: a. mediation b. arbitration c. negotiation d. litigation

a

Under Utilitarian ethics if a decision maximizes happiness in the most people it is ethical. a. True b. False

a

A United States District Court is: a. a federal appellate court b. the federal trial level court c. the federal small claims court d. all of the above

b

A decision of the Supreme Court of Mississippi would always be binding on: a. a federal district court in Mississippi b. any circuit or chancery court in Mississippi c. the U.S. 5th Circuit Court of Appeals d. a state trial court in Louisiana

b

A prospective juror was excused from serving after being questioned by the plaintiff's attorney. No reason was given for the rejection. This would be accomplished by the use of a challenge for cause. a. True b. False

b

Appellate courts conduct a trial de novo, rehearing all evidence that was presented at trial. a. True b. False

b

Because of the concept of stare decisis, the U. S. Supreme Court, in interpreting a statute in a 2013 case, must decide that the relevant statutory language means exactly what it meant in a similar case involving the same statute back in 1971. a. True b. False

b

Becky and Bill live in North Carolina. They sue Gold Strike casino's insurance company, an Illinois corporation, in federal court and ask for $150,000.00 in damages. Federal court has concurrent subject matter jurisdiction of this case because the dispute between Bill and Becky and the casino's insurer involves federal question jurisdiction. a. True b. False

b

Common law is to courts as statutes are to: a. the executive branch b. legislatures c. judges d. administrative agencies

b

Deontological ethics bases its value of what when evaluating the right decision a. Results of doing something b. Reason for doing something c. Happiness in doing something d. The rules

b

Extortion is the crime of offering money or property to a public official for the purpose of gaining favorable treatment by that official. a. True b. False

b

For the purposes of procedural due process,____________ includes certain entitlements conferred by government, such as social security payments and food stamps. a. the right of free speech b. property c. equal protection d. liberty

b

If Sergeant Sessums, an Oxford police officer, stops Ted's car for a traffic offense, Sessums may search the passenger compartment of Ted's car without a warrant only if he observes in plain view evidence of drug paraphernalia in the car. a. True b. False

b

If the President vetoes a bill and if both the House and Senate re-pass the bill by a sixty percent margin, the bill becomes law. a. True b. False

b

In Anglo-Saxon society, men were put into groups of ten, known as a "tithing" and were individually held responsible for any injury caused by any member of the group. This is the forerunner of the idea of business partnerships. a. False b. True

b

In some situations, the same conduct that amounts to a crime may also be the basis for a civil lawsuit. a. False b. True

b

Obscene speech is protected by the First Amendment. a. True b. False

b

Possession of alcohol by a minor is a misdemeanor. This crime is distinguished from a felony based upon: a. the rules of evidence. b. the length and place of possible imprisonment. c. the burden of proof. d. the type of intent.

b

Robert sued Monica for injuries he received in a traffic accident that happened out near Walker's on the Panola County line one Sunday afternoon. Robert is an Ole Miss student from Oxford. Monica is also attending Ole Miss, but she is from Los Angeles. Robert convinced his attorney, a recent law school graduate, to file the lawsuit in Lafayette County Chancery Court because one of the judges coached Robert in youth soccer about 10 years ago. After being served with a summons and a copy of the Complaint, Monica filed a motion to dismiss the lawsuit. What is the most likely reason for her motion? a. Improper venue b. Lack of subject matter jurisdiction c. Lack of personal jurisdiction d. Judicial bias

b

The Mississippi legislature passed a law imposing criminal penalties for displaying "indecent" material online where children could see it. A subsequent ruling by the U.S. Supreme Court that the statute conflicts with the First Amendment of the U.S. Constitution makes the statute unconstitutional every but inside Mississippi. a. True b. False

b

The correct standard of proof that the government in a criminal prosecution must meet is beyond a reasonable doubt unless the crime committed is a misdemeanor. a. True b. False

b

The judge resolves questions of law in a jury trial while a jury decides questions of fact, but only in a criminal case and not a civil one. a. True b. False

b

The parties to a civil trial are the government and the defendant. a. True b. False

b

The process of selecting a jury in a civil trial in federal court, but not state court, is called voir dire. In a criminal case, it is called habeas corpus. a. True b. False

b

The trespassory taking of someone else's property with the intent to permanently deprive the owner of it is: a. money laundering b. larceny c. embezzlement d. robbery

b

Warren was driving too fast on a wet road in rainy conditions and struck Abby's car. Abby can sue Warren in criminal court. a. True b. False

b

When an appellate court disagrees with the trial court decision and decides the case without sending it back to the trial court for additional proceedings, this is called: a. Remanding b. Rendering c. Affirming d. Alternating

b

Which amendment provides for the right of United States citizens to bear arms? a. 1st b. 2nd c. 3rd d. 5th

b

Which is the modern day court of equity? a. Circuit court b. Chancery court c. Justice court d. Bankruptcy court

b

___________ is that body of law that involves offenses against the state. a. Civil law b. Criminal law c. Substantive law d. Procedural law

b

____________ is the form of discovery being used when the party or witness being questioned must generally answer all the questions orally under oath. a. Requests for Admission b. Deposition c. Interrogatories d. All of the above

b

Andrew, an attorney, has a case that was recently heard by the United States Court of Appeals (5th Circuit). Andrew believes the case involves a significant issue of U.S. Constitutional law and would like to have the United States Supreme Court hear the case. One way by which the U.S. Supreme Court may review the case is by: a. forum non conveniens b. stare decisis c. writ of certiorari d. none of the above

c

Common law refers to: a. law made by legislatures in the form of statutes. b. law that is the same or similar in all the states. c. law made when judges decide cases and then follow those decisions in later cases. d. the legal systems of France, Germany, and Italy.

c

If the title of an appellate court case appears as Jones v. Smith: a. Jones is the plaintiff and Smith is the defendant. b. Smith won the trial court decision. c. Smith is the appellee and Jones is the appellant. d. the trial judge was Jones and the appellate judge is Smith.

c

Illegally obtained evidence is not permitted to be used at a criminal trial based upon the: a. full disclosure doctrine b. takings clause c. exclusionary rule d. 8th Amendment.

c

Jeff picks up a piece of metal pipe and swings it around, hitting Gary across the back of the head. What factor would be required for Jeff's employer to be liable to Gary? a. Jeff was at the factory when it happened. b. Jeff voluntarily hit Gary. c. Jeff's employer gave Jeff the pipe so that Jeff could specifically hit Gary. d. Gary cannot be an employee of the same company as Jeff.

c

Judicial review can best be described as the power of federal courts to: a. review state court decisions. b. review state executive action. c. review state and federal legislative and executive action. d. none of the above.

c

Senator Wicker introduced a bill in the U. S. Senate. If the bill is approved by the Senate committee specializing in that subject, the bill will next go to: a. a House committee specializing in the subject matter of the proposed legislation b. a Conference Committee made up of representatives of both the House and Senate c. the full Senate d. the voters of his state for approval

c

The Bill of Rights refers to: a. the inalienable rights found at the beginning of the Constitution b. a specific listing of individual rights found in the original text of the Constitution c. the first ten amendments to the Constitution d. a grouping of individual rights set forth by the United States Supreme Court shortly after the Constitution was ratified by the states

c

The Miranda warning insures that the criminal suspects understand their constitutional rights relating to: a. search and seizure. b. double jeopardy. c. self incrimination. d. having a jury trial.

c

The idea that courts should not be heavily involved in lawmaking, but rather should only rule in cases where the Constitutionality is clear is known as: a. judicial review. b. judicial reform. c. judicial restraint. d. judicial activism.

c

When a judge orders a criminal defendant to reimburse the victim, it is called: a. reimbursement. b. restraint. c. restitution. d. reformation.

c

Which of the following would be an example of a civil lawsuit? a. George is being prosecuted for bank fraud. b. The government has initiated an action against Jeff for operating a motor vehicle under the influence of alcohol. c. Gretta hit Rita in a bar during happy hour. Rita is now suing Gretta for her injuries. d. The district attorney is bringing Ali to court for violating the city's keg ordinance.

c

A constitution: a. restricts the powers of government b. specifically enumerates certain liberties of the people c. establishes governmental structure d. all of the above

d

A subpoena duces tecum is different from an ordinary subpoena in that a subpoena duces tecum: a. can only be given to an expert to require a personal appearance before a court or administrative hearing. b. is binding on a person even if it is mailed to the person rather than handed to her by a process server. c. allows for privileged or confidential information to be turned over the a court or administrative agency. d. requires the person to bring specified documents to the court or administrative hearing.

d

Advantages of Alternative Dispute Resolution (ADR) include: a. ADR is faster than litigation. b. ADR keeps the parties talking rather than fighting. c. ADR is less expensive than litigation. d. All of the above are advantages of ADR.

d

Ethical fundamentalists base their decision upon what when evaluating the right decision? a. Reasons for doing something b. Results of doing something c. Happiness in doing something d. The rules

d

Fundamental rights include all EXCEPT the right to: a. travel b. vote c. free speech d. drive

d

Generally, constitutional protections do NOT apply to: a. acts of the federal government. b. acts of state government. c. acts of administrative agencies. d. acts of privately owned businesses.

d

Jurisdiction is: a. the study of law. b. a federal court concept. c. applicable only to appeals courts. d. the authority of a court to decide a particular type of case.

d

Most of tort law, contract law and criminal law have their origins in _________ law. a. administrative b. statutory c. state and federal d. common

d

One reason for the application of legal sanctions is to make sure that laws will be enforced. Which of the following are examples of legal sanctions? I. Statutes II. Imprisonment III. Contempt a. I only b. II only c. III only d. II and III only e. I, II and III

d

Roger assaulted Jim in a tavern, causing medical expenses and lost wages. Which of the following is true? a. If Roger is convicted of criminal assault, Jim is not allowed to sue him for money damages since that would violate the double jeopardy clause of the Constitution. b. If Jim refuses to press charges against Roger, the state cannot initiate a criminal proceeding against him. c. Jim can either elect to sue for money damages or proceed with criminal charges. d. Roger can be prosecuted by the state for a criminal offense and Jim may sue him for money damages.

d

Sarah, an employee of Amex Corporation, committed a serious criminal act in an attempt to obtain a large sales order for her employer. A court found her guilty of the felony and also found the corporation guilty of criminal conduct. The company was fined $1 million. The court: a. erred in fining the company since finding both Sarah and the corporation guilty violates the Double Jeopardy Clause of the Constitution. b. acted properly if this were a federal proceeding; however, it did not act properly if this were a state proceeding. c. acted properly if this were a state proceeding but not if this were a federal case. d. acted properly in this case. The proper punishment for a corporate defendant is a monetary fine.

d

Unethical behavior in an organization can create: a. a cynical workforce b. an unproductive workforce c. a resentful workforce d. all of the above

d

______________ combined with an overt act amounts to a crime. I. Criminal intent II. Mens Rea III. Actus Reus a. I only b. II only c. III only d. I and II only e. I, II and III

d

Contract law falls into which category? I. Civil law II. Substantive law III. Private law a. I only b. II only c. III only d. I and II only e. I, II and III

e

Oliver Winery's stakeholders would not include: a. shareholders b. creditors c. employees d. customers e. competitors

e

Some of the protected classifications for equal protection purposes include: a. Race b. Religion c. Sex d. Handicap status e. All of the above

e

Which of the following damages might be awarded to a plaintiff in a criminal prosecution where the defendant's misconduct is characterized as gross, willful, wanton or reckless? a. compensatory damages b. special damages c. general damages d. punitive damages e. all of the above

e