Homework Questions

What branch of the U.S government enforces laws?

Executive Branch

What branch of the US government interprets laws?

Judicial Branch

T/F: A federal administrative agency may exercise only those powers that Congress delegates to it.

True

Administrative agencies are found:

at the local, state, and federal level

The Fifth Amendment privilege against​ self-incrimination does NOT apply to​ __________. Question content area bottom Part 1 A. corporations B. natural persons C. federal criminal cases D. state criminal cases E. testimonial evidence

corporations

A violation of a statute for which the government imposes a punishment is known as​ a(n) ________.

crime

​A(n) _____ is defined as any act by an individual in violation of those duties that he or she owes to society and for the breach of which the law provides that the wrongdoer shall make amends to the public. Question content area bottom Part 1 A. crime B. breach of contract C. admonishment D. nullification E. tort

crime

Which of the following is NOT a method used in the discovery​ process? Question content area bottom Part 1 A. production of documents B. deposition C. physical or mental examination D. interrogatories E. ​cross-examination

cross- examination

A settlement conference is ________-

directed or ordered by the court

The most serious type of crime, including inherently evil crime, is known as a ---

felony

When law enforcement has evidence that a crime has been committed and there is a substantial likelihood that a person has committed or is about to commit a​ crime, this is known as​ _______________________.

probable cause

warrantless arrests must be based on

probable cause

Fourth Amendment

protects individual​ citizens' rights to be secure in their​ "persons, houses, papers​ & effects

Fourth Amendment

protects persons and corporations from overzealous investigative activities by the government.

Fifth Amendment

provides that no person​ "shall be compelled in any criminal case to be a witness against​ himself."

The first​ _____ amendments to the U.S. Constitution are commonly referred to as the Bill of Rights.

10

In which of the following examples would evidence collected by police be EXCLUDED from being introduced at trial because the process of collecting the evidence violated the Fourth​ Amendment? Question content area bottom Part 1 A. A search warrant was granted to search a​ suspect's business​ location, and the police found evidence of a crime in upstairs living quarters. B. A police officer confiscated a cell phone that a suspect threw out of a car window while being pulled over for an outstanding warrant. C. A police officer found cocaine on a suspect she arrested after being called to a robbery and witnessing the suspect fleeing. D. A police officer patrolling a neighborhood saw evidence of a meth lab through an open window. E. An officer reasonably believed she had a lawful search warrant but the name on the warrant was incorrect.

A. A search warrant was granted to search a​ suspect's business​ location, and the police found evidence of a crime in upstairs living quarters.

The federal​ "open meeting" law is formally named​ the: A. Government in the Sunshine Act. B. Open Meeting Law. C. Sunshine Regulatory Act. D. Open Meeting Act.

A. Government in the Sunshine Act.

In​ _____, one person steals information about another person to pose as that person and take the innocent​ person's money or property or to purchase goods and services using the​ victim's credit information. Question content area bottom Part 1 A. ID theft B. embezzlement C. blackmail D. extortion E. EGO theft

A. ID theft

The​ __________________ makes it a federal crime for anyone to access and acquire information intentionally from a protected computer without authorization. Question content area bottom Part 1 A. Information Infrastructure Protection Act B. Identity Theft and Assumption Deterrence Act C. Racketeer Influenced and Corrupt Organizations Act D. Counterfeit Access Device and Computer Fraud and Abuse Act E. Money Laundering Control Act

A. Information Infrastructure Protection Act

Which clause requires the government to compensate a property owner when the government takes the​ owner's property? A. Just Compensation Clause B. Free Exercise Clause C. Takings Clause D. Establishment Clause E. Equal Protection Clause

A. Just Compensation Clause

Nguyen and Juan got into an argument about a car that Nguyen sold to Juan for his girlfriend Marissa. Juan claims that they agreed on a price of​ $500 down and​ $2500 by the end of the month. They also agreed to allow Juan to take the car once he made the​ $500 downpayment since​ Marissa's birthday was coming up. Nguyen agreed with all of this except that he says the balance owed by Juan is​ $3000, not​ $2500. When Juan refused to pay more than​ $2500 at the end of the​ month, Nguyen sued him for breach of contract. In the lawsuit A. Nguyen is the​ plaintiff, and Juan is the defendant. B. Marissa is the​ plaintiff, and Nguyen is the defendant. C. Nguyen and Juan are​ plaintiffs, and Marissa is the defendant. D. Juan is the​ plaintiff, and Nguyen is the defendant.

A. Nguyen is the​ plaintiff, and Juan is the defendant.

Which of the following statements is NOT correct regarding state administrative​ agencies? A. State administrative agencies are created by Congress. B. State administrative agencies are empowered to enforce state statutes. C. State administrative agencies have a profound effect on business. D. All states have state administrative agencies. E. The purpose of state administrative agencies is to enforce and interpret state regulatory law.

A. State administrative agencies are created by Congress.

Which of the following is NOT true regarding the appellate​ process? A. The responding party is called the secondary defendant. B. Only the defendant may appeal in a criminal case. C. An appellate court will reverse a lower court decision if it finds an error of law in the record. D. A notice of appeal must be entered within a prescribed time after judgement is entered. E. The appealing party is called the appellant.

A. The responding party is called the secondary defendant.

Be​ Well, Corporation is subject to regulations issued by the Food and Drug Administration​ ("FDA"). A federal​ agency, the FDA is tasked​ with, among other​ things, ensuring the safety of the​ nation's food supply and ensuring the efficacy and security of human and veterinary​ drugs, biological​ products, and medical devices. Regulations passed by unelected agencies and commissions are part of the body​ of: A. administrative law. B. executive law C. legislative law. D. statutory law

A. administrative law.

With respect to federal statutes, the Supremacy Clause ----- A. allows Congress to provide that a particular statute exclusively regulates a specific area or activity B. weakens the federal government C. allows state and local law to preempt federal law D. allows state laws that directly and substantially conflict with valid federal law E. does not allow for concurrent jurisdiction

A. allows Congress to provide that a particular statute exclusively regulates a specific area or activity

A​ defendant's plea of nolo contendere will result in which of the​ following? Question content area bottom Part 1 A. an imposition of a penalty without an admission of guilt by the defendant B. an acquittal by the judge C. a guilty finding by the judge D. liability in any subsequent civil case that may occur E. a criminal trial on the charges to occur

A. an imposition of a penalty without an admission of guilt by the defendant

An appeal is the act of asking​ a(n) _____ to overturn a decision after the trial​ court's final judgment has been entered. A. appellate court B. trial court judge C. mediator D. trial court E. arbitrator

A. appellate court

​Susan's friend brought suit against their mutual employer for age discrimination. Susan has been asked to give a deposition as a witness in the​ case, but Susan does not want to get involved. Susan can​ _________. A. be compelled to give a​ deposition, if she is subpoenaed B. not be forced to give a deposition in the case C. file a cross complaint against her friend D. answer interrogatories instead E. invoke her 5th amendment right not to testify

A. be compelled to give a​ deposition, if she is subpoenaed

The U.S. Fish and Wildlife Service is a federal agency. The Tennessee Wildlife Resources Agency is a parallel state agency. If these​ agencies' actions​ conflict, the A. federal​ agency's actions will prevail. B. state​ agency's actions will prevail. C. two​ agencies' actions will cancel each other. D. two​ agencies' actions will be given equal weight.

A. federal​ agency's actions will prevail.

A procedure where the parties to a dispute take part in discussions and bargaining to try to reach a voluntary settlement of their dispute is known as which of the​ following? A. negotiation B. an appeal C. litigation D. mediation E. arbitration

A. negotiation

The simplest form of alternative dispute resolution is​ _____. A. negotiation B. binding arbitration C. ​non-binding arbitration D. trial E. mediation

A. negotiation

What do pretrial motions generally seek to​ do? A. resolve or dispose of all or part of the lawsuit prior to trial B. get a new jury C. add additional defendants D. get a new judge E. allow for more time to question witnesses

A. resolve or dispose of all or part of the lawsuit prior to trial

When a federal agency desires to adopt a new rule or​ regulation, it must follow the requirements set forth in the Administrative Procedures Act​ "APA". Which of the following is not a basic step in the​ notice-and-comment rulemaking​ procedure? A. A comment period open to the public B. Publishing the final rule C. Notice of the proposed rulemaking D. A veto period

A. a veto period

What is the main difference between arbitration and​ mediation? What is the main difference between arbitration and​ mediation? A. an arbitrator can make a decision; a mediator cannot B. The arbitrator can choose its own​ jury, and a mediator cannot. C. There is no difference. D. An arbitrator tries to get the parties to come to an agreement. That is not the role of a mediator. E. A mediator can make a​ decision; an arbitrator cannot

A. an arbitrator can make a decision; a mediator cannot

When the states ratified the U.S.​ Constitution, they delegated certain​ powers, called​ _____ powers, to the federal government. A. enumerated B. collaborative C. reserved D. secondary E. collective

A. enumerated

​_____ administrative law establishes the procedures that must be followed by an administrative agency while enforcing substantive laws. Question content area bottom Part 1 A. Procedural B. Secondary C. Qualified D. Primary E. Unqualified

A. procedural

Protect the Whales organization is accused by the Environmental Protection Agency of violating one of its clean water regulations. A formal hearing is held. Which of the following is​ true? A. An administrative law judge will issue a final order immediately. B. An administrative law judge will issue an initial order from which Protect the Whales can appeal to the EPA for a final order. C. An administrative law judge will issue an initial​ order, which is not appealable. D. An administrative law judge will issue an initial order from which Protect the Whales can appeal directly to a federal appeals court for a final order.

B. An administrative law judge will issue an initial order from which Protect the Whales can appeal to the EPA for a final order.

Which of the following is an INCORRECT statement regarding the Equal Protection Clause of the Fourteenth Amendment to the United States​ Constitution? Question content area bottom Part 1 A. The Equal Protection Clause prohibits​ state, local, and federal governments from enacting laws that classify and treat​ "similarly situated" persons differently. B. Artificial​ persons, such as​ corporations, are not protected under the Equal Protection Clause. C. The original purpose of the Equal Protection Clause was to guarantee equal rights to all persons after the Civil War. D. The U.S. Supreme Court has held that the Equal Protection Clause applies to federal government action. E. The Equal Protection Clause expressly applies to state and local government action.

B. Artificial​ persons, such as​ corporations, are not protected under the Equal Protection Clause.

The Exhaustion of Remedies doctrine effectively means that judicial review of an​ agency's actions is available only for that​ agency's final actions. Even upon​ review, courts typically ensure only that the​ agency's actions are consistent with statutes​ & compliant with the demands of the Constitution for a fair hearing. Given the​ long-held principle that judges should defer to an​ ALJ's rulings unless the court finds the​ administrator's action was arbitrary or​ capricious, which of the following is true when a court reviews an agency​ action? A. Courts defer to an administrative law​ judge's ruling only when it is arbitrary and capricious. B. Courts do not reweigh the evidence in an administrative​ agency's findings. C. Courts substitute their view of the evidence for that of the agency to make sure the final action is fair. D. Courts make independent determinations of fact in reviewing an administrative​ agency's final action.

B. Courts do not reweigh the evidence in an administrative​ agency's findings.

John was found not guilty of arson after a trial in state court. He cannot be tried again for this crime because the​ ____________________ of the​ ________ Amendment protects persons from being tried twice for the same crime. Question content area bottom Part 1 A. cruel and unusual punishment​ clause; Eighth B. Double Jeopardy​ Clause; Fifth C. right to a public jury trial​ clause; Seventh D. Double Jeopardy​ Clause; Fourth E. right to an attorney​ clause; Sixth

B. Double Jeopardy​ Clause; Fifth

Which of the following is a correct statement regarding an opening​ statement? A. After the​ plaintiff's presentation of​ evidence, each​ party's attorney is allowed to make an opening statement to the jury. B. Each​ party's attorney is allowed to make an opening statement to the jury at the beginning of trial. C. Defense counsel is allowed to give an opening​ statement, but the​ plaintiff's attorney is not. D. The​ plaintiff's attorney is allowed to give an opening​ statement, but defense counsel is not. E. After the​ defendant's presentation of​ evidence, each​ party's attorney is allowed to make an opening statement to the jury

B. Each​ party's attorney is allowed to make an opening statement to the jury at the beginning of trial.

What was the purpose of the Fourteenth Amendment with respect to due​ process? Question content area bottom Part 1 A. It prohibited the government from interfering with the free exercise of religion in the United States. B. It extended the due process protections to government action by the states. C. It created the Equal Protection Clause. D. It limited the due process protections to government action by the states. E. It created the Free Exercise Clause.

B. It extended the due process protections to government action by the states.

If the government needs property to construct a new interstate​ highway, the​ _____________ gives it the power to take private property to accomplish this goal. A. Free Exercise Clause B. Takings Clause C. Establishment Clause D. Supremacy Clause E. Just Compensation Clause

B. Takings Clause

Which of the following is an INCORRECT statement regarding interstate commerce and the Commerce Clause of the United States​ Constitution? A. The modern interpretation of the Commerce Clause allows the federal government to regulate activities that affect interstate commerce. B. The Commerce Clause gives the states the authority to regulate interstate commerce. C. Any intrastate activity that has an effect on interstate commerce is subject to federal regulation. D. Under the effects on interstate commerce​ test, the regulated activity does not itself have to be in interstate commerce. E. ​Originally, the courts interpreted the Commerce Clause to mean that the federal government could only regulate commerce that moved in interstate commerce.

B. The Commerce Clause gives the states the authority to regulate interstate commerce.

The legislation that Congress passes that specifies the​ name, purposes,​ function, and powers of a federal agency being created is known​ as: A. independent legislation. B. enabling legislation. C. delagatory legislation. D. executive agency legislation.

B. enabling legislation.

Artificial persons, such as corporations, have ______________ A. a right to vote under the U.S. Constitution B. some rights under the U.S. Constitution C. full rights under the U.S. Constitution D. no rights under the U.S. Constitution E. only the rights granted by state constitutions

B. some rights under the U.S. Constitution

What does a motion for judgement on the pleadings​ allege? A. that the accused pleads guilty B. that the party making the motion would win the lawsuit assuming all facts presented in the pleadings are taken as true C. that the case needs to be postponed D. that there are no factual disputes to be decided by a jury and that the judge can decide the case E. that the amount of damages being sought is not reasonable

B. that the party making the motion would win the lawsuit assuming all facts presented in the pleadings are taken as true

What process allows the judge and attorneys to ask prospective jurors questions to determine whether they would be biased in their​ decisions? A. jury instructions B. voir dire C. burden of proof D. motion for summary judgment E. trier of fact

B. voir dire

Many crimes are referred to as​ ______ because they are most often committed by business managers and employees. Question content area bottom Part 1 A. arraignments B. ​white-collar crimes C. plea bargains D. felonies E. misdemeanor crimes

B. ​white-collar crimes

Any state or local law that​ "directly and​ substantially" conflicts with valid federal law is preempted under the​ _____ Clause. A. Privileges and Immunities B. Supremacy Your answer is correct. C. Commerce D. Equal Protection E. Takings

B. supremacy

Which of the following is an accurate statement regarding a warrantless​ arrest? Question content area bottom Part 1 A. A warrantless arrest must be based on proof beyond reasonable doubt and a showing that it was not convenient to obtain an arrest warrant. B. A warrantless arrest must be based on probable cause and a showing that it was not convenient to obtain an arrest warrant. C. A warrantless arrest must be based on probable cause and a showing that it was not feasible to obtain an arrest warrant. D. A warrantless arrest must be based on proof beyond reasonable doubt and a showing that it was not feasible to obtain an arrest warrant. E. A warrantless arrest must be based on reasonable suspicion and a showing that it was not feasible to obtain an arrest warrant.

C. A warrantless arrest must be based on probable cause and a showing that it was not feasible to obtain an arrest warrant.

​_________ is a category of due process that requires that the government give a person proper notice and hearing of the legal action before that person is deprived of his or her​ life, liberty, or property. A. Equal protection B. Privileges and immunities C. Procedural due process D. The Commerce Clause. E. Substantive due process

C. Procedural due process

The accused in a criminal case must be found guilty​ ________. Question content area bottom Part 1 A. by a preponderance of the evidence B. with a majority vote of the jury C. beyond a reasonable doubt D. by the prosecutor E. or the case will be tried again

C. beyond a reasonable doubt

If the defendant does not answer the​ complaint, a​ _____ is entered against him or her. A. restraining order B. permanent injunction C. default judgment D. prayer for judgment continued E. temporary injunction

C. default judgment

In order to bring a​ lawsuit, a plaintiff must have​ standing, a constitutional requirement. In addition to the fact that the law must be able to provide a remedy in the​ case, the plaintiff must have A. been upset when the defendant caused harm to one of the​ plaintiff's friends. B. been motivated to better the world. C. experienced an actual injury in fact or harm caused by the defendant. D. experienced a desire to make the defendant pay for something wrong he or she did.

C. experienced an actual injury in fact or harm caused by the defendant.

Sometimes a murder is committed during the commission of another crime even though the perpetrator did not originally intend to commit murder. Most states hold the perpetrator liable for the crime of murder in addition to the other crime. This is called the​ _____ rule. Question content area bottom Part 1 A. ​first-degree murder B. voluntary manslaughter C. felony murder D. ​third-degree murder E. negligent homicide

C. felony murder

Commerce that moves between states or that affects commerce between states is referred to as which of the​ following? A. foreign commerce B. intrastate commerce C. interstate commerce D. federal commerce E. ​e-commerce

C. interstate commerce

Which of the following classifications is considered a​ "suspect class," making any laws classifying persons on this basis subject to a strict scrutiny standard of review by the federal​ courts? A. cancer victims B. physical disabilities C. national origin D. students E. elderly

C. national origin

if the federal government or a state government brings a criminal lawsuit against a defendant for the alleged commission of a​ crime, the government must notify the person of its intent​ (by charging the defendant with a​ crime) and provide the defendant with a proper hearing​ (a trial). What type of due process would this​ be? Question content area bottom Part 1 A. due process clause B. immunity process clause C. procedural due process D. substantive due process E. privilege due process clause

C. procedural due process

The federal government has the exclusive right to do all of the following EXCEPT​ __________. A. regulate commerce with native Americans B. enter into treaties C. regulate intrastate commerce D. regulate foreign commerce E. regulate interstate commerce

C. regulate intrastate commerce

The party who won at trial and now has to respond in the appellate court is known as which of the​ following? A. a mediator B. an arbitrator C. the appellee D. voir dire E. the appellant

C. the appellee

Which of the following is NOT a factor in deciding whether to bring or settle a​ lawsuit? A. the​ long-term effects on the relationship and reputation of the parties B. the probability of winning or losing C. the lack of a venue D. the amount of money to be won or lost E. ​lawyers' fees and other costs of litigation

C. the lack of a venue

Georgia's Commission on Equal Employment issues a legislative rule regarding the​ state's Equal Employment for Persons with Disabilities Code. The new rule results in a substantial increase in the operating costs to​ Jordan's company. Jordan considers challenging the rule in court by claiming​ that, according to the​ Constitution, only the legislative branch of the government is allowed to make laws. A court will likely hold​ that: A. under the administrative​ doctrine, legisaltures can enable any administrative agency to be able to create laws. B. the Constitution does not apply to administrative​ agencies, and​ thus, federal and state legislatures can establish administrative agencies and delegate to them the power to create rules for implementing those laws. C. under the delegation​ doctrine, federal and state legislatures can establish administrative agencies and delegate to them the power to create rules for implementing those laws. D. Jordan is​ correct, and only the legislative branch of the government can create laws.

C. under the delegation​ doctrine, federal and state legislatures can establish administrative agencies and delegate to them the power to create rules for implementing those laws.

Political speech is an example of​ _____ protected speech. A. marginally B. substantially C. fully D. partially E. conditionally

C. fully

Which of the following is NOT a function of the discovery​ process? Question content area bottom Part 1 A. saving court time B. preventing surprises C. selecting the jury D. promoting the settlement of cases E. preserving evidence

C. selecting the jury

If a bill has been vetoed by the U.S.​ President, the bill goes back to​ Congress, where a​ _____ vote of each the Senate and House of Representatives is required to override the​ President's veto. A. unanimous B. one- third C. two- thirds D. simple majority E. three- fourths

C. two- thirds

The document the plaintiff files with the court to initiate a lawsuit is known as​ a(n) ________. Question content area bottom Part 1 A. reply B. answer C. ​cross-complaint D. pretrial motion E. complaint

COMPLAINT

Which of the following is an INCORRECT statement regarding​ mediation? Question content area bottom Part 1 A. The mediator is usually a person who is an expert in the area of the dispute or a lawyer or retired judge. B. The mediator usually acts as an intermediary between the parties. C. Mediation is a form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute. D. A​ mediator's decision is binding and​ non-appealable.

D. A​ mediator's decision is binding and​ non-appealable.

The​ _____ Clause of the U.S. Constitution grants Congress the power​ "to regulate commerce with foreign​ nations, and among the several​ states, and with Indian​ tribes." A. Due Process B. Privileges and Immunities C. Supremacy D. Commerce E. Takings

D. Commerce

The federal government must disclose certain records to any person upon​ request, even if no reason is given for the​ request, under​ the: A. Freedom of Speech Act. B. Government in the Sunshine Act. C. Government Accountability Act. D. Freedom of Information Act.

D. Freedom of Information Act.

Which of the following is NOT part of the Miranda​ rights? Question content area bottom Part 1 A. If you cannot afford a​ lawyer, a lawyer will be appointed free of charge to represent you. B. You have the right to consult a lawyer and to have a lawyer present with you during interrogation. C. Anything you say may be used against you. D. If you remain​ silent, failure to respond to criminal interrogation can be used as evidence of your guilt. E. You have the right to remain silent.

D. If you remain​ silent, failure to respond to criminal interrogation can be used as evidence of your guilt.

State universities are permitted to charge​ out-of-state residents higher tuition than​ in-state residents. States are also permitted to charge higher fees to nonresidents for hunting and fishing licenses. Courts have held that certain types of discrimination that favor state residents over nonresidents do not violate the​ ___________. A. Establishment Clause. B. Equal Protection Clause. C. Just Compensation Clause. D. Privileges or Immunities Clause. E. Takings Clause.

D. Privileges or Immunities Clause.

_____ due process requires that government regulations and other laws be clear on their face and not overly broad in scope. Question content area bottom Part 1 A. Subordinate B. Collateral C. Procedural D. Substantive E. Conditional

D. Substantive

What is a class action​ lawsuit? Question content area bottom Part 1 A. an​ anti-discrimination case B. a court case between two companies C. a case that has reached the Supreme Court D. a group of plaintiffs with common claims collectively bringing a lawsuit against a defendant E. a lawsuit with a class of defendants

D. a group of plaintiffs with common claims collectively bringing a lawsuit against a defendant

Which of the following is the key element of​ embezzlement? Question content area bottom Part 1 A. a taking of physical property B. a sale of goods transaction C. negligence D. entrustment E. recklessness

D. entrustment

States retained the power to regulate​ _____ commerce. A. international B. ​multi-jurisdictional C. interstate D. intrastate E. delegated

D. intrastate

In addition to actus reus​ (a criminal​ act), the prosecution must also prove mens rea​, which includes​ ________. Question content area bottom Part 1 A. the exclusionary rule B. all torts C. specific intent only D. specific or general intent E. general intent only

D. specific or general intent

Burden of proof refers to​ ________. A. a motion that alleges that if all the facts presented in the pleadings are taken as​ true, the party making the motion would win the lawsuit B. instructions that the judge gives to the jury that inform the jurors of the law to be applied in the case C. a motion that asserts that there are no factual disputes to be decided by the jury D. the​ plaintiff's task to persuade the trier of fact of the merits of​ his/her case E. the judge and​ attorneys' ability to choose a jury

D. the​ plaintiff's task to persuade the trier of fact of the merits of​ his/her case

Once the closing arguments are​ completed, the​ _____ reads jury instructions to the jury. These instructions inform the jury about what law to apply when they decide the case. Question content area bottom Part 1 A. court reporter B. foreperson C. ​plaintiff's attorney D. judge E. ​defendant's attorney

D. judge

Carl was involved in a car accident on October​ 30, 2018 in a state that has a​ two-year statute of limitations. If Carl files suit against the other party to the accident on November​ 30, 2020 his suit will be​ __________. A. consolidated B. litigated C. mediated D. settled E. dismissed

DISMISSED

​_____ are written questions submitted by one party to a lawsuit to another party. Question content area bottom Part 1 A. Depositions B. Interpleaders C. Responsive pleadings D. Pleadings E. Interrogatories

E. Interrogatories

Which clause provides that a state cannot​ "deny to any person within its jurisdiction the equal protection of the​ laws?" A. The Commerce Clause B. The Due Process Clause C. The Free Exercise Clause D. The Establishment Clause E. The Equal Protection Clause

E. The Equal Protection Clause

Which of the following is an accurate statement regarding a criminal​ conspiracy? Question content area bottom Part 1 A. The government will not bring criminal conspiracy charges if the defendants have been thwarted in their efforts to commit the substantive​ (i.e., the​ intended) crime. B. To be liable for a criminal​ conspiracy, the substantive​ (i.e., the​ intended) crime itself must be committed. C. The terms criminal conspiracy and criminal attempt are synonymous. D. To be liable for a criminal​ conspiracy, a person must commit a covert act to further the crime. E. To be liable for a criminal​ conspiracy, a person must commit an overt act to further the crime.

E. To be liable for a criminal​ conspiracy, a person must commit an overt act to further the crime.

A cybercrime is defined as​ ________. Question content area bottom Part 1 A. a crime in which one person gives another person​ money, property,​ favors, or anything else of value for a favor in return B. the fraudulent conversion of property by a person to whom that property was entrusted C. a threat to expose something about another person unless that other person gives money or property D. a crime in which two or more persons enter into an agreement to commit a crime E. a crime that is committed using​ computers, e-mail, the​ Internet, or other electronic means

E. a crime that is committed using​ computers, e-mail, the​ Internet, or other electronic means

Amendments to the Constitution have NOT ______________ A. abolished slavery B. given women the right to vote C. authorized the federal income tax D. prohibited discrimination based on race E. established the federal judicial system

E. established the federal judicial system

The U.S. Supreme Court has applied the​ _____ doctrine and held that most of the fundamental guarantees contained in the Bill of Rights are applicable to state and local government action. A. collaboration B. subordination C. consolidation D. preemption E. incorporation

E. incorporation

The court may overturn the verdict if it finds bias or jury misconduct. This is called a​ _____. A. judgment on the pleadings B. remand C. summary judgment D. reversal E. judgment n.o.v.

E. judgment n.o.v.

In a civil​ case, the judge may reduce the amount of monetary damages awarded by the jury if he or she finds the jury to have been​ biased, emotional, or inflamed. This is called​ _____. A. rejoinder B. nullification C. subrogation D. restitution E. remittitur

E. remittitur

What are the three different standards of review adopted by the Supreme Court for deciding whether the​ government's different treatment of people or businesses violates or does not violate the Equal Protection​ Clause? Question content area bottom Part 1 A. strict scrutiny​ test, midway scrutiny​ test, and rational basis test B. strict scrutiny​ test, intermediate scrutiny​ test, and logical basis test C. severe scrutiny​ test, midway scrutiny​ test, and rational basis test D. severe scrutiny​ test, intermediate scrutiny​ test, and rational basis test E. strict scrutiny​ test, intermediate scrutiny​ test, and rational basis test

E. strict scrutiny​ test, intermediate scrutiny​ test, and rational basis test

Which of the following is NOT a justification for a warrantless​ search? Question content area bottom Part 1 A. a search incident to arrest B. where evidence is in​ "plain view" C. when it is likely that evidence will be destroyed D. in exigent circumstances E. when evidence is located on a cell phone

E. when evidence is located on a cell phone

​_____ is a form of negotiation in which a neutral third party assists​ (without making a decision or an​ award) the disputing parties in reaching a settlement of their dispute. A. Absolution B. ​Non-binding arbitration C. Nullification D. Binding arbitration E. Mediation

E. Mediation

In which form of alternative dispute resolution do the parties choose an impartial third party to hear and decide the​ dispute? A. mediation B. litigation C. an appeal D. negotiation E. arbitration

E. arbitration

A threat to expose something about another person unless that other person gives money or property is known as​ ________. Question content area bottom Part 1 A. burglary B. bribery C. embezzlement D. forgery E. extortion

E. extortion

The concept of federal law taking precedence over state or local law is commonly called the​ _____ doctrine. A. presumption B. preordination C. principal D. prevention E. preemption

E. preemption

The supreme law of the​ land, under the Supremacy​ Clause, consists of​ ________. A. the​ Constitution, federal​ treaties, state​ laws, and regulations B. the​ Constitution, state​ treaties, laws, and regulations C. the​ Constitution, federal​ treaties, and administrative agencies D. state​ constitutions, federal​ treaties, laws, and regulations E. the​ Constitution, federal​ treaties, laws, and regulations

E. the Constitution, federal treaties, laws, and regulations

The​ ___________ Amendment protects a defendant against cruel and unusual punishment. Question content area bottom Part 1 A. Fifth B. Sixth C. Eighth D. Tenth E. Fourth

Eighth

When a federal agency desires to adopt a new​ rule, the agency must first publish its intent to issue the new rule along with proposed language of the rule in​ the: A. Rules of the United States. B. United States Statutes. C. Congressional Daily. D. Federal Register.

Federal Register

Approximately what percent of cases are settled before they go to​ trial?

More than 95%

_____ power permits state and local governments to enact laws to protect or promote the public​ health, safety,​ morals, and general welfare.

Police

The federal legislation establishing what information may be collected and maintained by a federal administrative agency about an individual​ - only information that is relevant and necessary to accomplish a legitimate agency purpose​ - and giving individuals access to and a right to correct their records if inaccurate is​ the: A. Privacy Act B. Piracy Act C. ​People's Right to Know Act D. Freedom of Information Act

Privacy Act

When the complaint and summons are served on the​ defendant, this is called service of​ _____. A. reply B. judgment continued C. interpleader D. judgment E. process

Process

James is going to be tried for robbery and has requested a jury trial because he is entitled to one under the​ _______ Amendment. Question content area bottom Part 1 A. Eighth B. Seventh C. Fourth D. Fifth E. Sixth

Sixth

____ administrative law is law that an administrative agency enforces—federal statutes enacted by the United States Congress or state statutes enacted by state legislatures.

Substantive

Statute of Limitations

The period during which a plaintiff must bring a lawsuit against a defendant.

The actual performance of the criminal act is called the​ _____.

actus reus

Harriet Landers is the purchasing agent for the ABC Corporation and is in charge of purchasing equipment to be used by the corporation. Neal​ Brown, the sales representative of a company that makes equipment that can be used by the ABC​ Corporation, offers to pay her a 10 percent kickback if she buys equipment from him. She accepts the kickback and orders the equipment. Both parties are guilty of​ _____. Question content area bottom Part 1 A. embezzlement B. bribery C. extortion D. blackmail E. larceny

bribery

A summons is a court order directing the defendant to appear in court and answer a​ __________.

complaint

A criminal​ _____ occurs when two or more persons enter into an agreement to commit a crime. Question content area bottom Part 1 A. conspiracy B. attempt C. extortion D. fraud E. contract

consipiracy

Suppose a defendant is tried for the crime of murder. A​ 12-person jury hears the case. If 10 jurors find the defendant guilty but 2 jurors find the defendant not​ guilty, then there is a​ _____. Question content area bottom Part 1 A. conviction for murder B. conviction for the lesser included offense of involuntary manslaughter C. suspended sentence D. conviction for the lesser included offense of voluntary manslaughter E. hung jury

hung jury

When a grand jury issues​ a(n) _______________ the grand jury is indicating that the defendant should be charged with having committed a crime​ (usually a​ felony).

indictment

Administrative law​ _____ preside over administrative proceedings. Question content area bottom Part 1 A. arbitrators B. mediators C. commissioners D. judges E. counselors

judges

An administrative agency rule that carries the same weight as a congressionally enacted statute is called​ a(n): A. delegation doctrine. B. legislative rule. C. agency rule. D. interpretive rule.

legislate rule

What branch of the U.S. government makes federal​ laws?

legislative branch

Commercial speech is an example fo which of the following?

limited protected speech

The pretrial litigation process does NOT include which of the following major​ phases?

opening arguments

Any powers that are not specifically delegated to the federal government by the United States Constitution remain with the state governments. These are called​ _____ powers.

reserved

if the defendant is found not guilty, ----

the government may not appeal

litigation is the process of:

​bringing, maintaining, and defending a lawsuit