Final Exam Review

Slavery was formally abolished by the ratification of the ______ Amendment to the Constitution in 1865.

13th

Although ______ are technically employees of the agencies they serve, they are supposed to function as impartial arbiters of disputes.

Admin law judges

The concept of ______ stems from the English common-law requirement that a husband must support his wife during her lifetime or until she remarries

Alimony

Affirmative defenses in tort actions commonly include

All

Forms of review in criminal cases include

All

In what ways are the federal antitrust laws enforced?

All

Mala in se offenses include

All

Traditionally a defendant has been afforded an opportunity to make a statement on his or her own behalf, a procedure often referred to as the right of

Allocution

A (an) ______ is a judicial decree that no valid marriage existed.

Annulment

The ______ seek to limit the exercise of judicial review and, accordingly, reduce the potential for political conflict flowing from an ill-advised or untimely use of judicial power.

Ashwander Rules

In Kerrigan v. Commissioner of Public Health (2008), the ___________ Supreme Court ruled that excluding same-sex couples from civil marriage violated the state's constitutional guarantee of equal protection of the laws

CT

In 1793, in the case of ______, the U.S. Supreme Court ruled that sovereign immunity did not apply to states when sued in federal court.

Chrisholm v Georgia

A _________________ is a lawsuit brought against an alleged wrongdoer by a group of persons who have suffered a similar wrong or injury.

Class Action

The ______ is the set of paperback books that codifies all final rules of all federal agencies.

Code of Federal Regulations

The courts have long recognized a prosecutorial duty to disclose _________________ evidence to the defense

Exculpatory

A magistrate's finding of probable cause to issue a search warrant may not be based on hearsay evidence.

F

A material witness is one who by knowledge, skill, experience, training, or education is qualified to present testimony and offer opinion on a particular subject.

F

Administrative detention of illegal aliens by the Immigration and Naturalization Service is subject to expedited judicial review.

F

Because the courts have never held that there is a constitutional right to welfare benefits, the Government may terminate a recipient's benefits without affording the recipient due process of law.

F

Community property states distribute marital assets in divorce cases on a basis called equitable distribution.

F

Courts have long held that improper comments by counsel cannot be the basis for a mistrial

F

In general, the courts have been less permissive toward administrative searches directed at business and industry than toward police searches directed at private individuals.

F

Records kept in the ordinary course of a firm's business are generally admitted in a trial as an exception to the hearsay rule.

F

The Administrative Procedures Act is the only source of statutory guidelines for agency rulemaking.

F

The Family and Medical Leave Act of 1993 (FMLA) requires all private employers to grant eligible employees up to a total of twelve workweeks of unpaid leave during any twelvemonth period due to a serious health condition.

F

The U.S. Supreme Court has ruled that law enforcement officers must inform a suspect of his/her right to refuse to consent to a search

F

Under the common law a putative father was under a legal duty to support an illegitimate child

F

Without exception, American courts have rejected the doctrine of sovereign immunity.

F

A landowner's duty to a plaintiff is the same irrespective of whether the plaintiff is an invitee, licensee, or trespasser.

False

A writ of mandamus is an order from a superior court ordering a lower court not to take jurisdiction in a particular case.

False

A writ of prohibition requires a judge or other public official to perform a legal duty.

False

American law is derived largely from the Roman law.

False

Both the original and appellate jurisdiction of the U.S. Supreme Court is fixed by the Constitution.

False

Enumerated powers in the U.S. Constitution are those deemed to be necessary and proper for carrying into execution the powers vested in the government of the United States or its officers or departments.

False

From the time of its adoption, the Bill of Rights limited the actions of state and local governments to the same extent it limited the federal government.

False

Misdemeanors are more serious crimes than felonies

False

Substantive due process embraces the government's obligation to provide fair notice and a fair hearing to individuals before depriving them of "life, liberty or property."

False

The Bill of Rights to the U.S. Constitution ratified in 1791 provided a set of limitations that enabled citizens to look to their federal government for protection against actions by their state governments

False

The First Amendment to the US Constitution recognizes the fundamental freedoms of religion, speech, press, and the right to counsel.

False

The doctrine of original intent has become a universally accepted basis for constitutional interpretation by the U.S. Supreme Court

False

The doctrine of stare decisis is no longer an important component of the American legal system

False

The victim of a crime is always the plaintiff in a criminal case.

False

In June 1933, Congress established the ______ to restore confidence and stability to the nation's banking system

Federal Deposit Insurance Corp

To prevent injustices to those who suffer injuries or losses at the hands of the federal government, Congress enacted the ______ in 1946

Federal Tort Claims Act

In addition to supervising and regulating the banking industry, the Federal Reserve sets __________ policy by adjusting the interest rates that it charges its member banks, which in turn lend money to large commercial banks.

Fiscal

Under the federal Food, Drug and Cosmetic Act the ______ has the authority to regulate "drugs" and "devices."

Food and drug admin

In Immigration and Naturalization Service v. Chadha (1986), the Supreme Court held that the ______________ is unconstitutional.

Legislative veto

In ____________ (1970), the Supreme Court held that the Fourteenth Amendment Due Process Clause required a state agency to provide an evidentiary hearing before terminating a person's welfare benefits.

Goldberg v. Kelly

The most celebrated common-law writ was

Habeas Corpus

Proponents of judicial ______ generally argue for an appointive process with life tenure (the federal model) or at least long terms of office.

Independence

In his famous "Letter from the Birmingham Jail," ______ defended his disobedience of a law he regarded as unjust

MLK

Courts accept matters of common knowledge by taking judicial ______.

Notice

When authorized by state constitutions or acts of state legislatures, cities and counties may adopt ______ that define certain criminal violations.

Ordinances

In the landmark case of ______, the Supreme Court repudiated the "separate but equal" doctrine in the context of public education.

Plessy v. Ferguson

The rising incidence of divorce, the fact that multiple marriages during one's lifetime are no longer uncommon, and the right of each spouse to separately accumulate property have caused an increase in the use of ______.

Prenup

The reasonable doubt standard that applies in criminal prosecutions differs markedly from the usual ______ standard that applies to most civil cases.

Preponderance of evidence

Blood samples, x-rays, photographs, fingerprints, knives, guns, and other tangible items are examples of ______ evidence.

Real

There is a (an) ______ presumption that a properly stamped, addressed, and mailed letter reached its intended recipient.

Rebuttal

The Defense of Marriage Act of 1996 seeks to relieve states of the obligation to recognize _____________ marriages.

Same-sex

In June 2008, the U.S. Supreme Court declared that the ________________ protects a personal right to possess a firearm for lawful purposes irrespective of one's service in any militia.

Second Amendmant

The ______ has promulgated Rule 10(b), which stipulates that "insiders" who have material information about a company must refrain from dealing in the company's securities until such information is available to the general public.

Securities and Exchange Commission

The common-law doctrine of following precedent, known as ______, really took hold with the development of the printing press in the fifteenth century

Stare Decisis

A number of federal agencies have the authority to file civil suits against violators; for example, the Civil Rights Act of 1964 authorizes the Department of Justice to file suit to vindicate citizens' civil rights.

T

A party is entitled to have the jury instructed on the law applicable to any legitimate issue that is supported by the evidence.

T

A summary judgments is effectively precluded when a person's intent is a material issue in a civil case.

T

Administrative law is the branch of law that governs the activities of administrative and regulatory agencies.

T

Although the Fourth Amendment refers to "houses," its protections are extended to stores, offices, and places of business as well.

T

Although we often refer to the sum total of government agencies as the "bureaucracy," a basic distinction can be made between administrative agencies and regulatory agencies.

T

An appellate court that issues a writ of mandamus or prohibition is exercising its original as opposed to its appellate jurisdiction.

T

An example of vicarious liability is where an employer is held liable for acts of an employee committed within the scope of employment.

T

Executive orders, notice of agency hearings, proposed and adopted rules, and amendments to proposed or adopted rules can be found in the Federal Register.

T

False imprisonment consists of intentionally restraining a person's freedom or confining a person without that person's consent or without legal authority.

T

Federal law provides for the forfeiture of real estate and other property [cars, boats, and airplanes are commonly seized under the forfeiture laws] used in illegal drug trafficking and other criminal activities

T

In Gideon v. Wainwright (1963) the Supreme Court held that the Sixth Amendment right to counsel applies to prosecutions in the state courts by way of the Due Process Clause of the Fourteenth Amendment.

T

In most civil trials, it is the plaintiff's burden to establish the case by a preponderance of the evidence.

T

In the 1960s, states began to move from eligibility for a divorce based on one spouse being "at fault" to the concept of no-fault dissolution of marriage

T

Megan's law refers to a new type of statute that requires convicted sex offenders who are released from prison to register with local law enforcement agencies.

T

Most courts allow plaintiffs to recover for negligent infliction of emotional distress if they suffer demonstrable physical consequences from fright or shock resulting from exposure to physical danger.

T

Most states have laws stipulating that a marriage cannot be performed when the parties are within close degrees of blood kinship. Other requirements are (1) minimum age requirement; (2) state of being single; (3) etc.

T

Property settlement agreements can afford federal income tax advantages to a recipient who is generally not taxed on the assets received, whereas alimony payments are taxable to the recipient and deductible to the party paying the alimony.

T

The Americans with Disabilities Act prohibits discrimination against persons with disabilities in all programs and services provided by state and local governments, private industries, and commercial establishments.

T

The Civil Rights Act of 1866 was designed to invalidate the "Black Codes" enacted in the South during the Civil War.

T

The Fourteenth Amendment to the U.S. Constitution forbids states to discriminate between legitimate and illegitimate children in courts granting the right to parental support.

T

The Freedom of Information Act does not apply to elected officials of the federal government, including the president, vice president, senators, and congressional members, nor does it apply to the federal courts.

T

The Supreme Court has approved warrantless arrests in situations when officers possess probable cause to make an arrest but exigent circumstances prohibit them from obtaining a warrant.

T

The Supreme Court of Vermont has ruled that its state constitution requires the state legislature to provide same-sex couples the same benefits conferred by law on married couples.

T

The Twenty-Fourth Amendment to the U.S. Constitution outlawed the use of the poll tax in federal elections.

T

The federal Administrative Procedure Act [APA] requires agencies to publish a notice of proposed rulemaking in the Federal Register before considering a new substantive rule.

T

The movement toward gender equity in collegiate athletics is largely attributable to Title IX of the Federal Education Act of 1972.

T

The no contest plea, although functionally equivalent to a guilty plea in a criminal trial, provides the accused the advantage that it generally cannot be construed as an admission of guilt in a related civil suit.

T

Title II of the Civil Rights Act of 1964 prohibited racial discrimination in places of public accommodation that affect interstate commerce.

T

Under the Endangered Species Act of 1973, a citizen who has "standing" can bring suit to enjoin a proposed project that threatens an animal on the endangered species list.

T

When the discovery process becomes burdensome or seeks to obtain privileged materials, for example trade secrets or an attorney's "work product," a judge can issue a protective order limiting the scope of discovery.

T

A civil contempt is a sanction imposed to coerce a recalcitrant person to obey a court order.

True

A nation's fundamental law is its constitution

True

A system of government where sovereignty is exercised by the national government and the states, although vested ultimately in the people, is known as federalism

True

According to the authors, Marbury v. Madison (1803) is the most important judicial decision in American constitutional history.

True

All states have eliminated the common law requirement that burglary can only be committed during nighttime

True

American criminal laws basically came from the English common law as it existed at the time that America proclaimed its independence in 1776.

True

An employer can be held liable for the willful tort of an employee committed against one of the employer's customers if the employer knew or should have known that the employee was a threat to others.

True

Congress has the responsibility to see that the laws it passes are administered by executive agencies in the manner that Congress intended. This function is known as oversight.

True

Congress's legislative authority may be divided into two broad categories: enumerated powers and implied powers.

True

Due process of law requires that criminal statutes be written in such a way that a person of ordinary intelligence has a reasonable opportunity to know what is prohibited.

True

In 1964, the U.S. Supreme Court held that the First Amendment to the U.S. Constitution precludes public officials from recovering damages for defamatory falsehoods related to their official conduct unless they can prove "that the statement was made with ... knowledge that it was false or with reckless disregard whether it was false or not."

True

In a civil suit, the aggrieved party is termed the plaintiff.

True

In the American context, federalism refers to the division of power between the national government on the one hand and the state and local governments on the other.

True

Inchoate offenses include attempt, solicitation, and conspiracy.

True

Normally appeals to the U.S. Courts of Appeals are decided by panels of three judges.

True

The Equal Protection Clause of the Fourteenth Amendment has been relied on by the U.S. Supreme Court to require reapportionment of state legislatures where there have been wide population disparities among legislative districts.

True

The U.S. Supreme Court has declined to uphold a state law making it a crime to assist another in committing suicide.

True

The U.S. Supreme Court's appellate jurisdiction is now exercised almost exclusively through the writ of certiorari, a writ that is issued at the Court's discretion

True

The only means of removing a federal judge from office is through impeachment, a process provided in the Constitution.

True

The power of courts to determine the constitutionality of all governmental enactments and actions is known as judicial review

True

The principal Constitutional distinction between Article III courts and Article I courts is that the judges of the Article III courts are appointed for life whereas judges of the Article I courts serve for set terms of office

True

The term "rape trauma syndrome" was coined to describe a recurring pattern of physical and emotional symptoms experienced by rape victims

True

Unlike ordinary contracts, marriage results in a legal "status" of the parties

True

Where a police officer has probable cause to believe that a motor vehicle contains contraband or evidence of a crime the "automobile exception" allows a warrantless search of the vehicle.

True

The ________________ seeks to ensure that litigation concerning child custody takes place in the state where the child and the family have the closest connection and to limit custody determination to one state.

Uniform Child Custody Jurisdiction Enforcement Act

immunity bars the use of the witness's testimony against him or her in a subsequent prosecution.

Use

The federal government and each of the 50 state governments maintain their own systems of courts. These systems include both trial courts and ______ courts.

appelate

Assault and ______ frequently co-exist; however, each is a distinct tort.

battery

The _____ rule applies to writings and means that an original document must be offered unless the party who offers a copy can present a plausible explanation of why the original is not available

best evidence

As the result of the passage of the Wagner Act of 1935 and its subsequent validation by the Supreme Court, labor unions and ______ became staples of the American economy.

collective bargaining

Lawyers frequently handle personal injury lawsuits for plaintiffs on a ______ fee that is based on the amount of damages recovered.

contingent

The plaintiff's lawyer conducts a direct examination of each witness after which the defendant's lawyer has the right of ______.

cross exam

At the close of the prosecution's evidence, the defense counsel will frequently move the court to grant a

directed verdict

Separation of powers is one of the two basic structural characteristics of the American constitutional system; the other is

federalism

Legal historians credit the Magna Carta with establishing

government subject to rule of law

McCulloch v. Maryland (1819) is most important for its statement of the doctrine of

implied powers

Assault, battery, and false imprisonment are examples of ______ torts that involve interference with a person's body.

intentional

In family law disputes and personal injury cases, parties often agree to

mediation

The objective of the ______ is to enable spouses to dissolve a marriage without becoming adversaries and thus eliminating the accusations spouses formerly lodged against one another in attempting to prove a spouse to be at fault in the marriage.

no fault divorce

Statutes providing that the testimony of a victim's prior sexual activity with anyone other than the defendant cannot be admitted in evidence in a sexual battery trial are commonly referred to as ______ laws.

noncorroboration

A _____________ is designed to simplify the issues to be tried, obtain admissions of undisputed facts, obtain stipulation as to the genuineness of documentary evidence, agree on the witnesses to be presented and exhibits to be introduced at trial, and allow time for presentation of evidence by each side.

pretrial conference

A lawyer who handles a case on a _________ basis does not charge the client for his or services

pro bono

Some courts allow ______ damages to be imposed in order to punish a defendant whose conduct evidences gross negligence.

punitive

As new states came into the Union, generally their legislatures adopted ______, incorporating the common law to the extent that it did not conflict with the federal or their respective state constitutions.

reception statutes

Under the ______________ doctrine, evidence that is derived from inadmissible evidence is likewise inadmissible.

ruit of the poisonous tree

The Framers of the Constitution viewed the constitutional principle of ______ and the related system of ______ as essential to the maintenance of limited government.

seperation of powers, checks and balances

Title VII of the Civil Rights Act of 1964, as amended, has been interpreted to prohibit ______ in the workplace.

sexual harassment

Laws discriminating against citizens on grounds of race or national origin are viewed as inherently suspect and are therefore subjected to ______ by the courts

strict scrutiny

The only crime defined in the U.S. Constitution is _

treason

Under certain circumstances a person or an entity can be held responsible for the tortious acts of another. This is called ______ liability.

vicarious