BUL 3310
Lawyers traditionally have a limited number of opportunities to reject potential jurors without having to give a reason. Jurors, however, cannot be eliminated based on: (select all the answer options that are correct) Political affiliation Race Gender Occupation
All but occupation
Consequential systems, focusing on the outcome of a decision are ____.(select all the answer options that are correct) -Profit maximization theory -Value attribution theory -Self-interest theory -Utilitarianism
All but value attribution theory
What level of proof is required for an indictment? Beyond a shadow of a doubt Clear and convincing evidence Probable cause Beyond a reasonable doubt
Beyond a reasonable doubt
If the laws of several jurisdictions are involved in a case, the doctrine of res judicata will determine which state law will apply. True False
False
If the laws of several jurisdictions are involved in a case, the doctrine of res judicata will determine which state law will apply. (T/F)
False
Ignorance of the law is one of the traditional defenses to criminal liability. True False
False
In a criminal case, the state has the burden to convince jurors of the defendant's guilt " beyond a shadow of a doubt." True False
False
In deductive reasoning, one draws a conclusion from a premise. True False
False
Interlocutory decrees are issued by courts of law with limited jurisdiction. True False
False
It is the function of a grand jury to determine the guilt or innocence of a defendant in a capital case. True False
False
Judicial nullification is the power of the courts to review and invalidate legislation that violates the Constitution. True False
False
When the Supreme Court agrees to hear a case it issues a writ of execution. True False
False
When the U.S. Supreme Court agrees to hear a case it issues a writ of attainder. True False
False
Federal district courts are the only trial courts that can hear cases involving -claims arising under the U.S. Constitution -cases involving more than 200,000 in damages -contract disputes between citizens of two different states. -federal crimes
Federal crimes
The final decision of the court, based on the jury's finding, is known as a (n) ____________. Judgment Award Decree Verdict
Judgment
Persons serving on final reviewing courts, such as the United States Supreme Court, are called _______ Chancellors Masters in chancery Judges Justices
Justices
One who is concerned with the impact of economics on the law likely is a follower of the ____ school of jurisprudence. Sociological Natural Law Positive Law Law and Economics
Law and Economics
A basic principle of statutory interpretation is that specific provisions in the statute are of greater weight than general provisions. True False
True
A corporation is a legal person and can be held criminally liable. True False
True
A court cannot instruct the jury that it may take the failure of the accused to testify as evidence of guilt. True False
True
A party who wishes to appeal a judgment is normally required to post a bond. True False
True
A syllogism is the style of argument used in deductive reasoning. True False
True
A system of ethics based upon rights and duties seeks to align ethical standards with moral absolutes. True False
True
A tort action may be commenced and tried either in the county or district where the tort was committed or where the defendant resides. True False
True
Analogical reasoning is different from deductive reasoning. True False
True
Comments made by the court that are not necessary to decide the issue at hand are called dicta. True False
True
Criminal and taxing statutes are strictly and narrowly construed True False
True
Deontological ethics refers to ethical systems based on rights and duties. True False
True
Ethical behavior often requires a higher standard than merely legal behavior. True False
True
Ethics involves determining how one should act based on a group's determination of right and wrong. True False
True
Failure to obey the order of a court of equity can result in imprisonment. True False
True
Federal law prevails if federal and state statutes conflict. True False
True
Federalism is the doctrine that the powers of government are shared between the states and the federal government. True False
True
For purposes of the takings clause of the Constitution, "property "includes personal property and intangible property rights as well as real property. True False
True
If there is more than one plaintiff in a diversity case, each plaintiff must individually meet the diversity threshold of $75,000 in injury. True False
True
In a discretionary appeal, an appellate court has the right to refuse to hear a case. True False
True
In a diversity case, the federal court will use the substantive law of the state in which it is located. True False
True
In a typical year, the U.S. Supreme Court will select about 150 cases to hear from approximately 5,000 requests. True False
True
In deciding a case, a court will not use common law if there is a statute that applies to the dispute. True False
True
Interstate travel is a fundamental right under substantive due process. True False
True
Intoxication may be used as a defense in specific intent crimes if the impairment was so great that the accused could not form the requisite intent. True False
True
Judicial review is the power of the courts to declare laws unconstitutional. True False
True
Justices serve on final reviewing courts while judges serve on trial and intermediate level courts. True False
True
Legal realism holds the law is what judges rule it to be. True False
True
Many areas of law important to businesses are governed by the Uniform Commercial Code. True False
True
One of the important powers of courts in the United States is to interpret legislation. True False
True
Questions are used by both plaintiffs and defendants during voir dire to eliminate potentially biased jurors. True False
True
Sam Sophomore is suing the school board of Small Town, Iowa for suspending him because he held up a sign at a pep rally denouncing war. He claims that his First Amendment right of free speech was violated. He may file suit in federal district court in Iowa, even though he and the defendant school board members are citizens of Iowa. True False
True
Selling alcohol to a minor is an example of a strict liability crime. True False
True
Systems of ethics, which focus on outcomes to determine the ethics of an act, are also called consequential systems. True False
True
The First Amendment is interpreted to include political free speech for corporations. True False
True
The Privileges and Immunities Clause insures that a citizen of State X cannot be denied access to employment opportunities in State Y based on his state of residency. True False
True
The body of law that will be used to determine which state's law will apply in a multi-state transaction is conflict of laws. True False
True
The federal government may regulate any activity that "substantially affects interstate commerce" even if that activity takes place entirely within the borders of the state. True False
True
The law in many European countries is based on codified statutes, not case precedents. Such law is classified as a civil system. TrueFalse
True
The primary duty of appellate courts is to determine whether the law was correctly applied at the trial level. True False
True
The purpose of the doctrine of stare decisis is to give certainty and predictability to the law. True False
True
The purpose of the pretrial conference between the lawyers and the judge is to encourage the parties to settle the suit before trial. True False
True
The standard for a grand jury to issue an indictment is probable cause. True False
True
The standard for issuing a search warrant is probable cause. True False
True
To hear a case, courts must have subject matter jurisdiction. True False
True
Use of analogical reasoning involves the comparison of the facts of the current case with the facts in previously decided cases. (T/F)
True
When Congress intends to allow states to regulate an activity that the federal government regulates, it includes a savings clause in the legislation. True False
True
An important initial step in the legal reasoning process is ____ . 1.Identifying the general area of the law at issue 2.Application of the rules or precedents to the facts at issue 3.Deciding the specific legal rules or precedents applicable to the facts 4.Determining the relevant facts
1
Ben is suing Chad in a tort action for property damages and personal injuries he sustained when Chad negligently ran a red light and crashed into him in a busy intersection. Ben must convince the jury that the light was red and that his injuries were caused by the crash. How convinced must the jurors be that Chad is at fault in order to find him liable? 1.By a preponderance of the evidence 2.By clear and convincing evidence 3.Beyond a reasonable doubt 4.Beyond a shadow of a doubt
1
Ethical standards are often the basis for statutes and judicial decisions ____ . 1.As a reflection of society's views of right and wrong 2.Because of the views of the ruling class 3.Because of the religious beliefs of attorneys and judges 4.As a means of enforcing certain moral principles
1
Gaggle Inc. decides to wrongly infringe on Chirp Chirp's patent and establish a similar "knock-off" product because Chirp Chirp is just a small start-up company and they lack the money to litigate in court with Gaggle, Inc. Gaggle, Inc. is: 1.Unethically exploiting their power and size in the marketplace. 2.Ethically challenging the role of patent rights in society 3.acting ethically...business is war. 4.Ethically using the civil legal system just like everyone else. 5.None of the above
1
The Constitution gives which of the following government bodies the power to approve international treaties? 1.The Senate 2.The House of Representatives 3.The House of Representatives and the State Department 4.The House and the Senate must jointly approve treaties
1
The doctrine of substantive due process is designed to address 1.Violations of fundamental rights, such as voting and interstate travel. 2.Punishments without notice and a hearing 3.Seizures of private property for non-public use 4.Laws that deny defendants an appeal of right.
1
Which of the following is NOT a motion that takes place before the trial begins? 1.Motion for a directed verdict 2.Motion to dismiss 3.Motion for a judgment on the pleadings 4.Motion for a summary judgment
1
Which of the following statements about procedural due process is false? 1.Procedural due process applies only to the taking of private property, not to the curtailment of privileges or benefits. 2.Procedural due process requires the government to give notice to individuals before it acts. 3.Individuals affected by the government's action have a right to a hearing to protest the planned action. 4.Individuals affected have the right to appeal an adverse decision after the hearing.
1
Which of the following statements about the role of juries in cases in equity is correct? 1.Juries in equity cases have only an advisory role and cannot decide the outcome of a case. 2.The constitution guarantees the right to a jury trial in equity. 3.Twelve chancellors sit as a jury in equity cases. 4.Twelve masters in chancellery sit as a jury in equity cases.
1
Which of the following would NOT be heard in Federal District Court in Baltimore, Maryland? 1.A suit between two Maryland residents over a car accident in Easton, Maryland. The amount in question is $200,000. 2.A suit between two maryland residents that involved a federal question. 3.A suit between a Maryland resident and a Delaware resident over car accident in Baltimore. The amount in question is $75,000. 4.A suit by a Maryland resident against a Maryland restaurant claiming violation of the Civil Rights Act of 1964, which is a federal statute.
1
Which of the following would not be reviewed under strict scrutiny? 1.Laws treating people differently because of gender 2.Laws restricting interstate travel 3.Laws restricting the right to vote. 4.Laws treating people differently because of race
1
The Racketeer Influenced and Corrupt Organizations Act (RICO) encourages plaintiffs to sue business for corrupt practices , such as priced fixing, insurance and securities fraud, by: (select all the answer options that are correct) 1.Awarding the plaintiffs attorney fees and court costs 2.Giving plaintiffs special tax credits 3.Awarding the plaintiffs triple the dollar amount of the damages they suffered. 4.Awarding the plaintiffs exclusive market share in the industry
1 & 3
Dan Defendant has a 100,000 judgment against him and he wants to appeal the decision. Which of the following statements about the appeals process is/are true? (select all the answer options that are correct) 1.Dan must post a bond to cover the judgment and court costs. 2.Dan is the appellant. 3.Dan must file a notice of appeal within a prescribed time. 4.Dan is the appellee
1,2 &3
Which of the following statements about white collar crime is true? (select all the answer options that are correct) 1.Businesses often think of the losses as a cost of doing business. 2.Judges don't often impose jail time because the crimes are non-violent. 3.Businesses are hesitant to prosecute criminal employees because it is bad for the image of the business. 4.To be prosecuted the employee must be salaried/exempt employee
1,2 &3
A system focusing on the outcome of a decision is ____ . (select all the answer options that are correct) 1.Utilitarianism 2.Profit maximization theory 3.Self-interest theory 4.Relevant market theory
1,2&3
Which of the following would constitute a "taking" of property by the government? (select all the answer options that are correct) 1.The fire department burning down a warehouse to create a firebreak to keep a blaze from spreading. 2.A forced sale of land to construct a highway 3.The police entering your home while in the pursuit of a felon. 4.The rezoning of an area so that all reasonable uses of the property are lost.
1,2&4
Bob's Beer and Booze Barn classfies a clerk as a "managerial assistant" and assigns menial supervisory duties to this employee, that do not meet the department of labor (DOL) standards, to avoid paying overtime wages. Bob "knows" the clerk will not be aware that these new supervisory duties do not meet the requirements of the DOL and does not expect the department of labor will look into the classification if the clerk does not contest their status with the DOL. This practice is: 1.C and D 2.Technically allowed since the employee has some managerial duties.. 3.Unethical and contrary to the letter of the employment laws 4.Unethical and contrary to the spirit of the employment laws 5.A legitimate legal strategy to reduce labor costs and remain competitive
1.
Which of the following statements about the Uniform Commercial Code UCC is correct? 1.The UCC us a federal statute governing businesses engaged in interstate commerce. 2.The UCC is a provision of Article I, Section 8 of the U.S. Constitution. 3.The UCC consists of identical statutes enacted by the states to provide businesses with consistent and predictable laws. 4.The UCC is used only in Texas, California and Louisiana because it is based on French and Spanish civil law.
3
A follower of utilitarianism must engage in ____ . 1.Avoiding a consideration of the consequences of one's actions 2.A cost benefit analysis 3.An attitude focused on the best outcome for the follower 4.An means justifies the ends analysis
2
Assume that the resort town of Ocean View passed a law imposing an extra tax on boardwalk food businesses that used plastic cups, plates or utensils. Plastic litter costs the town more to dispose of and it wants to pass this cost on to the merchants. Fran Fries, a boardwalk food vendor, claims that the law is denying her equal protection of the law. Which of the following tests will the court apply in deciding this case? 1.Is the law necessary for a compelling state interest? 2.Is the law rationally related to a legitimate government interest? 3.Is the law substantially related to an important government interest? 4.Is the law in violation of the dormant commerce clause?
2
In an action alleging securities fraud, the burden of proof on the plaintiff is 1.Beyond a shadow of a doubt 2.Clear and convincing evidence 3.Preponderance of the evidence 4.Beyond a reasonable doubt
2
Minimum contacts is used to determine which of the following? 1.If the plaintiff has sufficient dealings with a state to use the courts as a plaintiff 2.If the defendant has sufficient dealings with a state that it would be fair to require him to defend a suit there 3.If a named plaintiff fairly represents all the members of a class action suit 4.If the defendants lawyer has made the required number of motions in the case
2
Religious beliefs ____ form the basis for the religious foundation theory of rights/duties ethical systems. 1.Taught by Indian mystics 2.Common to many religions 3.Endorsed by Western religions 4.Endorsed by Eastern religions
2
A misdemeanor can be punished by: (select all the answer options that are correct) 1.Forfeiture and Seizure of all assets 2.Imprisonment for up to 1 year in a local facility 3.Fines 4.Imprisonment for more than 1 year in a state penitentiary
2 & 3
A civil law system is based on ______ and a common law system is based on ______. 1.Precedents....written constitutions 2.civics...commonality 3.Legislative codes....judicial decisions 4.Judicial decisions....legislative codes
3
Deductive reasoning does not allow one to 1.use major and minor premises to draw logical conclusions 2.derive the correct premises from a logical conclusion 3.draw conclusions from similar cased decided in the past 4.make inferences from facts to make a legal conclusion
3
Delia, a citizen of Delaware, wants to sue the state of Maryland for negligently maintaining a boat ramp on which she sustained personal injuries. In which of the following courts could Delia file suit against Maryland? 1.State Court in Delaware. 2.The Fourth Circuit Court of Appeals 3.Federal District Court in Maryland 4.The Third Circuit Court of Appeals
3
Harry has been charged with the federal crime of securities fraud which he committed while working as a stockbroker in New York City. His trial on federal criminal charges can be held 1.In New York state court. 2.In the US Securities Court 3.In U.S. Claims Court in Washington, D.C. 4.In the Federal District Court in New York
4
In a criminal case, the burden of proof on the state is to prove guilt 1.By a preponderance of the evidence. 2.Beyond a shadow of a doubt. 3.By clear and convincing evidence. 4.Beyond a reasonable doubt.
4
Mary objected to the Army using surveillance on civilians and sued the Army in court. 1.The case will be dismissed unless Mary can prove that her damages exceed $100,000.00 2.The case will be dismissed if Mary cannot prove any actual damages. 3.The case will be dismissed unless Mary can prove that she is in the Army. 4.The case will be dismissed without a showing that Mary is one of the civilians under surveillance.
4
What is the purpose of the pre-trial conference in a civil case? 1.Have parties answer interrogatories 2.Add members to a class action suit 3.Depose witnesses 4.Settle a case without having to go to trial
4
Which of the following is protected by the 5th Amendment prohibition against self-incrimination? 1.A blood alcohol sample 2.The records of a corporation 3.Documents of the accused in the possession of his accountant 4.A confession obtained by physical force
4
Traditionally in common law, children were presumed to lack sufficient understanding to form the intent necessary to commit a crime if they were under the age of 7 10 14 18
7
For diversity of citizenship to apply, each plaintiff must allege more than ____________in damages. 100,000 200,000 75,000 There is no minimum amount for diversity jurisdiction
75,000
ob's Beer and Booze Barn classfies a clerk as a "managerial assistant" and assigns menial supervisory duties to this employee, that do not meet the department of labor (DOL) standards, to avoid paying overtime wages. Bob "knows" the clerk will not be aware that these new supervisory duties do not meet the requirements of the DOL and does not expect the department of labor will look into the classification if the clerk does not contest their status with the DOL. This practice is: A.C and D B.Technically allowed since the employee has some managerial duties.. C.Unethical and contrary to the letter of the employment laws D.Unethical and contrary to the spirit of the employment laws E.A legitimate legal strategy to reduce labor costs and remain competitive
A
The party who lost at trial and files an appeal is called the ____________. Appellant Petitioner Plaintiff Appellee
Appellant
Ethical standards are frequently enacted into laws and cited in court decisions ____. -As a reflection of society's views of right and wrong -As a means of enforcing certain moral principles -Because of the views of the ruling class -Because of the religious beliefs of attorneys and judges
As a reflection of society's views of right and wrong
In the appeals process, the document submitted by each side arguing the points of law that support its claim that the verdict should or should not be overturned is an _____________________. Affidavit Deposition Brief Admission
Brief
The jurist who presides in a court of equity is called the _____________. Chancellor Magistrate Justice Master in chancery
Chancellor
The jurist who presides in a court of equity is called the _____________. Justice Chancellor Master in chancery Magistrate
Chancellor
The jurist who presides in a court of equity is called the _____________. Justice Master in chancery Magistrate Chancellor
Chancellor
The jurist who presides over an equitable proceeding is called the Judge pro tempore Chancellor Grand master Justice
Chancellor
Al and Ben were clients of Big Brokerage Firm (BBF). They suffered financial losses because of fraudulent securities dealings by BBF. Many other clients were victims as well, with losses that varied depending on the size of the accounts and the dates of certain trades. Al and Ben filed suit against BBF on their own behalf and on behalf of the other clients who suffered losses. This suit is an example of a (n)_____________________suit Equitable Class action Interlocutory Peremptory
Class action
The Age Discrimination in Employment Act is a federal statute which makes it illegal for businesses to discriminate against employees who are 40 years of age or older. The power of the federal government to regulate the hiring activities of private businesses is found in the Spending Clause Commerce Clause Privileges and Immunities clause Nineteenth Amendment
Commerce Clause
In complex litigation involving the laws of several states, the state whose law will be used is determined by reference to Stare decisis Dicta Widely held ethical norms Conflict of laws
Conflict of Laws
In many civil suits, the defendant believes that the plaintiff was actually the party at fault and wants to collect damages for the injuries the plaintiff caused him. Defendant would make this allegations against the plaintiff in a (n)_________________. Affidavit Brief Counterclaim Reply
Counterclaim
Which of the following is not a category of private law? Contract law Criminal law Property law Tort law
Criminal Law
The trend is for more and more states to adopt uniform laws governing Criminal law Probate Procedures in Small Claims Courts Building codes
Criminal law
Fat Frank's Pies falsified federally mandated tests on his "all natural no calorie" "Fat Pies" to introduce a new type of weight-loss pie. Which of the following is true with respect to his actions: A.Fat Frank behaved unethically. B.Fat Frank can be sued in tort in civil court. C.Fat Frank can potentially face criminal liability for his actions. D.A, B, and C
D
The decision issued by a court of equity is called an Conviction Decree Award Indictment
Decree
Comments contained in judicial opinions that are not necessary to the decision of the case are called Dicta Res judicata Procedural law Substantive law
Dicta
Sam, a sales clerk in a local store, falsified return receipts and pocketed the cash. Because he was acting in a fiduciary capacity (that is, acting for another in a position of trust and confidence) he committed the crime of _____________________. Embezzlement Forgery Trespass Price fixing
Embezzlement
The common law system in the United States has its roots in Ancient Greece Ancient Rome France England
England
Improperly gathered physical evidence and improperly obtained confessions are not admissible in court because of the _____________rule. Entrapment Attainder Oversight Exclusionary
Exclusionary
A defendant may be tried in either Federal District Court or in state court when charged with committing a federal crime. True False
False
A defendant who wants to have the trial moved to a different geographic location in the state because of likely jury prejudice would ask for a change of venire. True False
False
A syllogism offered by Maria at trial has a false minor premise. The conclusion drawn from these premises must be valid. True False
False
Alan was convicted in a criminal trial of assaulting Ben. Ben cannot now sue Alan in tort for personal injuries because Alan is protected against double jeopardy. True False
False
All legal conduct is ethical? False True
False
Any law that treats citizens differently based on race, religion or national origin will be reviewed under intermediate scrutiny. True False
False
Codes of Ethical Conduct adopted by corporations and professional associations have the same legal status as ordinances. True False
False
Commercial speech is given the same level of protection from government interference as political speech. True False
False
Contract and tort law are examples of public law True False
False
Crimes such as murder and rape, which are recognized as heinous in all civilizations, are examples of malum prohibitum crimes. True False
False
Deductive and analogical reasoning alone are sufficient to comprise legal reasoning. True False
False
Each state must have at least 2 federal district courts, one to hear federal questions and one to hear diversity cases. True False
False
Ethical conduct never brings about new laws. True False
False
For diversity of citizenship jurisdiction, each plaintiff must have suffered over 100,000 in damages. True False
False
For purposes of diversity of citizenship, a corporation is a citizen in only one state, the state in which it is incorporated. True False
False
Gaggle, Inc., and Chirp Chirp, Inc., have their dispute resolved in arbitration. The arbitrator makes an erroneous finding of fact. This is a ground for a court to review the merits of the award. True False
False
Gaggle, Inc., and Chirp Chirp, Inc., have their dispute resolved in arbitration. The arbitrator makes an erroneous finding of fact. This is a ground for a court to review the sufficiency of the evidence. True False
False
Gaggle, Inc., and Chirp Chirp, Inc., have their dispute resolved in arbitration. The arbitrator makes an erroneous finding of fact. This is a ground for a court to set aside the award. True False
False
Jury instructions are entirely within the discretion of the judge; attorneys for the plaintiff and the defendant have no input into the instructions that are given the jury. True False
False
Legal reasoning has as its goal persuasion without critical analysis of legal questions. True False
False
Most of the powers of the federal government enumerated in the Constitution are powers shared with the states. True False
False
Only the plaintiff may ask the court for a summary judgment. True False
False
Plaintiff's attorney in a personal injury case has a legal duty to tell the jury whether or not the defendant has insurance. True False
False
Police powers are part of the enumerated powers granted to the federal government. True False
False
Powers not specifically delegated to the federal government or to the states are reserved to the federal government. True False
False
Punishment that is "cruel and unusual" would violate the 7th Amendment. True False
False
Roe v Wade is the landmark case in which the Supreme Court decided that federal courts have the power of judicial review. True False
False
Standing to sue is dependent on the merits of the claims of the plaintiff that particular conduct is illegal. True False
False
Stare decisis, the doctrine giving rise to the importance of precedent, is not an example of analogical reasoning. True False
False
State statutes control whenever they conflict with federal statutes. True False
False
Sue failed to file an answer or respond in any way to a complaint and summons. The court will enter a motion to dismiss against her. True False
False
The Durham Rule is the test for determining whether a police officer was acting in good faith during a warrantless search. True False
False
The function of the grand jury is to decide the guilt or innocence of a criminal defendant. True False
False
The government's right to seize private property for public use extends only to real property and not to personal property. True False
False
The laws in the U.S. do not provide a mechanism that would allow the intellectual property of a business to be license. True False
False
The power of the federal government to completely regulate an activity, to the exclusion of any state regulation, is the power of occlusion. True False
False
The powers of the states are enumerated in Article I, Section 8 of the Constitution. True False
False
The search for the truth is the focal point of all legal reasoning. True False
False
The separation of powers doctrine applies only to the federal government and not to state governments. True False
False
Today, scholars argue the role of the corporation is to maximize the return on investment of shareholders. True False
False
Tort law is a subset of general criminal law. True False
False
Utilitarianism teaches an action that brings the greatest happiness to the largest number of a select group of people is ethical. True False
False
If Federal District Court in Arizona hears a case challenging the constitutionality of the No Child Left Behind Act, which is a federal statute, the court will use __________ procedural law and _________ substantive law to conduct the trial. Federal---------Arizona Federal---------federal Arizona---------Arizona Arizona---------federal
Federal-Federal
The provision in the Constitution that requires that the courts in each state recognize the validity of contracts and court decisions from other states is the _________Clause. Supremacy Privileges and Immunities Full Faith and Credit Takings
Full faith and credit
Courts often use transcripts of the legislative hearings and debates that preceded a law's passage to determine the purpose and reach of a law. This background is called a law's legislative ______ . Antecedents Legacy History Precedents
History
Courts often use transcripts of the legislative hearings and debates that preceded a law's passage to determine the purpose and reach of a law. This background is called a law's legislative ______ . Precedents History Antecedents Legacy
History
In prosecuting insider trading cases, the government often identifies people who were given "tips" to buy a certain stock from friends who worked for the corporation and were thus privy to inside information. Both the insider the "tipper" and the "tippee" have criminal liability. The government may promise that it will not prosecute the "tippee" if he testifies against the insider at trial. This is an example of________________. Entrapment Strict liability Government overreaching Immunity
Immunity
When a grand jury decides there is sufficient evidence to bring someone accused of a crime to trial it issues a (n)______________. Interlocutory decree Indictment Injunction Bill of attainder
Indictment
For crimes that are misdemeanors, the government gives the defendant notice of the charges against him in an_________________. No true bill Information Decree True bill
Information
Anne, a resident of New York, is suing Bill, also a resident of New York, in a contract dispute that is governed by New York state law. This controversy would be classified as an ______ case. Intrastate Interstate Bifurcated Sited
Intrastate
Maya, who lives in Maryland, hired Mark, a contractor who lives and is licensed in Maryland, to renovate her home. The contract is governed by Maryland law. Should a dispute arise over the contract, it would be classified as a(n)---------------case. Uniform Bifurcated Interstate Intrastate
Intrastate
In a jury trial, the judge would decide questions of ______ and the jury would decide questions of ________. fact.precedent fact..law law.fact law.precedent
Law.Fact
A civil law system is based on ______ and a common law system is based on ______. Group of answer choices -Legislative codes....judicial decisions -Precedents....written constitutions -civics...commonality -Judicial decisions....legislative codes
Legislative codes....judicial decisions
Jude willfully and maliciously burned down the store of a competitor by spreading gasoline around it and then throwing an incendiary device. Because he committed the crime of arson, Jude necessarily also committed the lesser crime of attempted arson. In this circumstance attempted arson is what type of offense? Malum prohibitum Lesser included Strict liability Mens rea
Lesser Included
Juvenile court, probate court and traffic court are examples of courts of ___________. Special appeals General jurisdiction Equity Limited jurisdiction
Limited jurisdiction
In complex cases in equity, the court may refer the matter to a lawyer who will hear evidence and make findings of fact and law which he reports back to the court for a decision. In this capacity, the attorney is called a (n) ______________. Master in chancery Justice pro tempore Chancellor Assistant district attorney
Master in chancery
After his trial, Bill was fined $2,500 and sentenced to serve 6 months in the local jail. From the sentence, we know that the crime he committed was a (n)_____________________. Felony Misdemeanor Vicarious liability crime Juvenile indiscretion
Misdemeanor
Which of the following is NOT a motion that takes place before the trial begins? Motion for a directed verdict Motion for a judgment on the pleadings Motion for a summary judgment Motion to dismiss
Motion for a directed verdict
____is the theory of jurisprudence which believes there are higher legal and moral authorities than the State and laws should reflect them. sociological legal realism natural law positive law
Natural Law
____is the theory of jurisprudence which believes there are higher legal and moral authorities than the State and laws should reflect them. sociological natural law positive law legal realism
Natural Law
What does the grand jury issue if it finds insufficient evidence to bring an accused to trial? Information True bill Indictment No true bill
No true bill
Andrew owned a house painting business with 100 employees. Andrew fired Bob because Bob skipped work to attend a political rally. If Bob sues Andrew for wrongful termination, will he win? -Yes, Bob will win the lawsuit because a political rally is similar to missing work for National Guard service. -Yes, Bob will win the lawsuit because a political rally is similar to missing work for voting. -No, Bob will not win the lawsuit. -yes, Bob will win the lawsuit because a political rally is similar to missing work for jury duty.
No, Bob will not win the lawsuit.
(This is a true story.) After a particularly hard fought game between the University of Tennessee and the University of Alabama (who are bitter football rivals), an Alabama fan taunted a Tennessee fan while both were walking back from the game. It was played in Tennessee where the stadium is on a hill. The Tennessee fan socked the Alabama fan and, as he rolled down the hill from the impact of the blow, called down to him "Go ?Bama!" Alabama fan wants to sue Tennessee fan for battery in an Alabama court. Tennessee fan has never lived in Alabama and has had no personal or business dealings there. Can an Alabama court get jurisdiction in this case? (select all the answer options that are correct) -Yes, Tennessee fan waived his right to object to an out-of-state forum when he committed a tort against a citizen from another state. -No, defendant lacks minimum contacts with Alabama. -Yes, if Alabama has a long arm statute. -Yes, if Alabama has a long arm statute and notice of the summons is published in a Tennessee newspaper.
No, defendant lacks minimum contacts with Alabama.
Which of the following is NOT a procedure used in discovery? Interrogatories Peremptory challenges Compulsory physical exams Depositions
Peremptory Challenges
The triple bottom line model encourages corporations to consider the effect of their decisions on ____ . (select all the answer options that are correct) Planet People Patriarch and Corporate theory Profit
Planet, people, profit
In order to protect the health and welfare of its residents, Maryland has a law requiring that all public swimming pools be tested daily for bacteria. Maryland passed this law pursuant to its ________________powers. Protective Enabling Enumerated Police
Police
New York passed a law making it illegal to talk on a cell phone while driving. It passed this law as an exercise of its ______________________powers. Dormant Police Concurrent Enumerated
Police
Sen. Harris, addressing Senators on the subject of protests against surveillance laws, insists these laws be obeyed as written. Sen. Harris is a ____ school adherent. Critical Legal Studies Natural Law Sociological Positive Law
Positive Law
The federal government has exclusive control over all aspects of private and commercial aviation in the United States. This is an example of the federal government's power to _______________an area of regulation. Occlude Preempt Dominate Usurp
Preempt
The building code of River City requires that elevators in public buildings be inspected every nine months. Hal did not have the elevators in his seven story office building inspected for two years. He was brought before a city magistrate and fined $10,000. His offense would be classified as a ________________. Public tort Vicarious liability crime Malum in se crime Felony
Public tort
Assume that the resort town of Ocean View passed a law imposing an extra tax on boardwalk food businesses that used plastic cups, plates or utensils. Plastic litter costs the town more to dispose of and it wants to pass this cost on to the merchants. Fran Fries, a boardwalk food vendor, claims that the law is denying her equal protection of the law. Under which standard of review would a court decide this case? Intermediate scrutiny Judicial scrutiny Rational basis test Strict scrutiny
Rational Basis Test
Which of the following standards of review will a court use to decide the constitutionality of a municipal ordinance that allows push carts selling non-food items to operate on city streets, but not push carts selling food? Intermediate scrutiny Rational basis test Strict scrutiny Judicial scrutiny
Rational Basis test
Assume that the resort town of Ocean View passed a law imposing an extra tax on boardwalk food businesses that used plastic cups, plates or utensils. Plastic litter costs the town more to dispose of and it wants to pass this cost on to the merchants. Fran Fries, a boardwalk food vendor, claims that the law is denying her equal protection of the law. Under which standard of review would a court decide this case? -Rational basis test -Strict scrutiny -Judicial scrutiny -Intermediate scrutiny
Rational basis test
Which of the following standards of review will a court use to decide the constitutionality of a municipal ordinance that allows push carts selling non-food items to operate on city streets, but not push carts selling food? Strict scrutiny Intermediate scrutiny Rational basis test Judicial scrutiny
Rational basis test
Codes of Ethics do not encourage ____ . Fairness Self-aggrandizement Courtesy Honesty
Self-aggrandizement
Codes of Ethics are not based upon ____. Self-restraint Fairness Self-regard Honesty
Self-regard
Angelique promotes the idea changes in social mores should inform legal analysis. She supports the ____ school of jurisprudence. Legal Realism Sociological Natural Law Law and Economics
Sociological
Timothy believes the law should reflect societal values, which may change over time. He is an adherent of the ____ school. Natural Law Law and Economics Legal Realism Sociological
Sociological
Stare decisis translates as -stand by the decision -the decision of the sovereign -the thing is done that ought to be done -stand and be recognized
Stand by the decision
In order to be a plaintiff, a party must have a personal stake or be personally affected by the outcome of the case. This requirement is called ________________. Standing to sue Personal jurisdiction For cause jurisdiction Competence to litigate
Standing to sue
If a private employer denied an employee the right to speak freely about political issues in the workplace, the employee could not claim a First Amendment violation because the element of _____________is missing. Malice Scienter Mens rea State action
State Action
Assume that the Vermont legislature passed a bill prohibiting the sale within the state of detergents containing certain chemicals harmful to the environment. Assume further that the governor signed the bill into law. This law has the status of a(n) ______ . Statute Uniform code Executive agency regulation Ordinance
Statute
Legislation passed by Congress and signed into law by the President is classified as a(n) ______ _ Statute Ordinance Executive order Agency regulation
Statute
A juvenile court could not hear a case involving a contract dispute because it lacks _______ jurisdiction. in personam in rem quasi in rem subject matter
Subject Matter
A federal law requires that employers with 15 or more employees take steps to "reasonably accommodate" the religious needs and practices of their employees. A law, such as this one, that gives rights and imposes duties is an example of an ______ law. Exculpatory Procedural Substantive Inculpatory
Substantive
A federal law requires that employers with 15 or more employees take steps to "reasonably accommodate" the religious needs and practices of their employees. A law, such as this one, that gives rights and imposes duties is an example of an ______ law. Substantive Inculpatory Procedural Exculpatory
Substantive
Bob's Beer Barn and Booze is in a price war with Lucy Liquor's. Bob has talked to his attorney to find out if he can illegally bring a meritless lawsuit against Lucy that may potentially shut her down. Which of the following best characterizes this scenario. -This legal course of action is legal and ethical -Everyone knows Lucy sells her liqour cheap, so bob's action is ethical. -This action is certainly legal, but not ethical. -None of the above -This type of legal action cannot be ethically or legally justified.
This type of legal action cannot be ethically or legally justified.
The societal belief that "people who injure other persons or their property should compensate them for their loss" is the basis of Public law Tort law Criminal law Administrative law
Tort law
The federal government and state governments have separate and distinct powers. This arrangement constitutes an ______ separation of powers. Transitional Horizontal Vertical Equitable
Vertical
One person, who is without personal fault, is held liable for the criminal conduct of another person, who is at fault, in ___________________________. Strict liability Enterprise liability Vicarious liability Compulsory liability
Vicarious Liability
Owen, the owner of Owen's Bar and Grill, repeatedly warns his bartenders to check ID's and to be on the lookout for fake ID's. Bartender was caught by police serving alcohol is a minor. Despite his many warnings, under which doctrine would Owen be held criminally liable? 1.Primary liability 2.Retailing fraud 3.Personal culpability 4.Vicarious liability
Vicarious Liability
A jury is selected through a process of asking potential jurors questions and eliminating unsuitable candidates. This process is called_____________. Sequestration Voir dire Venue selection Venire
Voir dire
Angelique promotes the idea changes in social mores should inform legal analysis. She supports the ____ school of jurisprudence. Legal Realism Sociological Law and Economics Natural Law
sociological
