MGT 201 Exam 2
Which of the following statements is true regarding states' powers?
A state law that discriminates against out-of-state commerce, or places an undue burden on interstate commerce, would violate the dormant commerce clause.
Identify the correct statement about criminal law.
An attorney is provided if the defendant cannot afford one.
During the time of the Revolutionary War against Great Britain, the states were governed by the _____.
Articles of Confederation
Which of the following is true about crime?
Crime undermines the expectations that we all have about living in a civil society.
_____ is a constitutional guarantee of fairness by procedure.
Due process
_____ occurs when the government induces someone to commit a crime that he/she had no previous propensity to commit.
Entrapment
A felony is a less serious offense than a misdemeanor, as determined by the legislative body and reflected in the relevant statutes. True/False
False
According to the Bill of Rights, states are required to provide juries in civil trials. True/False
False
Courts use the Miller test to determine if a speech can be categorized as symbolic speech. True/False
False
Cybercrimes do not include activities like hacking and identity theft. True/False
False
Embezzlement strategies cannot involve wire fraud. True/False
False
Even though it may seem like a very bad thing to lose one's liberty in a civil case, the loss of one's assets is considered to be a more serious loss. True/False
False
If evidence were obtained in violation of the Fifth Amendment, then it cannot be used against the defendant in a court of law.
False
If the state cannot prove its case, then the defendant will be released and he/she may be tried for that crime again. True/False
False
Lying to the defendant is a constitutional violation.
False
Nowadays, all judges have the leeway to use their judgment when sentencing convicted criminals. True/False
False
Our criminal justice system's penalties exist mainly for the purpose of retribution. True/False
False
Persons visiting the United States temporarily, such as tourists and students, as well as undocumented aliens, are not entitled to the full protections of the U.S. Constitution while subject to U.S. law. True/False
False
Political speech is always written or uttered. True/False
False
Private citizens may prosecute each other for crimes. True/False
False
Restitution is most commonly used in illegal drug trafficking cases to seize property used during the commission of a crime. True/False
False
Since a corporation is not considered a legal person, it cannot be convicted of a crime. True/False
False
The Eighth Amendment to the Constitution prevents any state from depriving citizens of their rights without "due process of law." True/False
False
The Fifth Amendment to the Constitution prohibits "cruel and unusual" punishment. True/False
False
The First Amendment to the Constitution prohibits the government from restricting the free exercise of religion—this is called the Confrontation Clause. True/False
False
The U.S. Constitution is both the first constitution adopted by the original thirteen colonies, and the oldest written constitution still in force. True/False
False
A man can choose to follow any religion that he personally likes and believes in. Which of the following sections of the Amendments ensures the right to do this?
Free Exercise Clause
With reference to the bicameral legislature in the United States, the _____ retains the exclusive right to originate bills raising revenue (taxation).
House of Representatives
Which federal agency investigates financial institution fraud?
IRS
What is an infraction?
It is a criminal offense, which is less serious than a misdemeanor.
What is the exclusionary rule?
It is a means to suppress evidence that was obtained illegally.
Which of the following statements is true about forfeiture?
It is commonly used in illegal drug trafficking cases to seize property used during the commission of a crime.
What is Embezzlement?
It occurs when someone takes property that was in his or her possession lawfully and then converts it to his or her own use.
What is read to persons in custody, so that they are made aware of some of their constitutional rights?
Miranda warnings
_____ occurs when funds gained from illegal activities are processed through a seemingly legitimate business to "clean" the funds from association with criminal activities.
Money Laundering
Which of the following means that no warrant is required to conduct a search or to seize evidence?
Plain View Doctrine
Which of the following types of speech is generally recognized by courts as speech most deserving of protection?
Political Speech
_____ implies that the state must prove the case against the defendant before the government can impose punishment.
Presumption of innocence
With reference to the bicameral legislature in the United States, the _____ is a smaller body with one hundred members (two from each state) and with less frequent elections.
Senate
With reference to the bicameral legislature in the United States, the _____ maintains the exclusive right to provide advice and consent to the president.
Senate
Which of the following focuses on the content of government legislation itself?
Substantive due process
Which of the following acts prohibits discrimination against U.S. citizens on the basis of race, color, national origin, and sex?
The Civil Rights Act
Which of the following is one of the two legislative branches established by Article I of the Constitution?
The House of Representatives
Which of the following is true of the Articles of Confederation?
The articles reserved the power to regulate commerce to the states.
The right to remain silent is guaranteed under:
The fifth amendment
Which Amendment to the U.S. Constitution prohibits double jeopardy?
The fifth amendment
Which of the following statements is true about the Federal Sentencing Guidelines?
The guidelines are only advisory due to the U.S. Supreme Court's decision in United States v. Booker, which held that a wide range of factors should be taken into consideration when sentencing offenders.
Which of the following best describes the term habeas corpus?
The right to seek release from unlawful detention by petitioning a neutral judge
Which of the following places is considered the right place to deal with contemporary political issues?
The state level
Identify the correct statement about white-collar crimes.
These crimes are committed in the professional work environment for financial gain through the use of deception.
Which of the following is true of the "three strikes" laws?
They carry extremely harsh penalties for relatively minor offenses.
A convicted criminal will be subject to various civil disabilities, depending on the state in which he/she lives. True/False
True
Being part of an organization has a way of making someone feel insulated and "safe" when committing wrongdoings. True/False
True
Exigent circumstances mean that no warrant is required in the event of an emergency. True/False
True
If someone is not per se involved with organized crime, the Racketeer Influenced and Corrupt Organizations Act (RICO) charges can be brought against the defendant who has violated the statute. True/False
True
Individuals involved in white-collar crime are criminally liable for their own actions. True/False
True
Not all types of speech are protected by the First Amendment to the Constitution. True/False
True
Obscene speech is not subject to any protection under the First Amendment to the Constitution. True/False
True
Once a defendant is convicted of a crime, he/she is a criminal. True/False
True
Punishments committed by "white-collar criminals" are the same as those committed by any criminal. True/False
True
The Equal Protection Clause is implicated anytime a law limits the liberty of some people but not others. True/False
True
The First Amendment to the Constitution prohibits the government from establishing any religion—this is called the Establishment Clause. True/False
True
The Sixth Amendment guarantees that criminal defendants are entitled to an attorney during any phase of a criminal proceeding where there is a likelihood of imprisonment. True/False
True
The due process clause appears in both the Fifth Amendment and the Fourteenth Amendment to the Constitution. True/False
True
The plain view doctrine means that no warrant is required to conduct a search if it appears in the plain view of a government agent. True/False
True
Which of the following terms refers to a constitutional test created by the Supreme Court to determine a law's validity?
Undue Burden
_____ is the willful or malicious destruction of property.
Vandalism
The due process clause:
advocates fundamental fairness and decency.
If someone intentionally burns down his office building because he wishes to collect under his fire insurance policy, then he has committed insurance fraud by:
arson
The standard of proof in a criminal trial is:
beyond a reasonable doubt
Article I of the Constitution establishes the legislative branch through a(n) _____.
bicameral legislature
According to the doctrine of state secrets, _____.
certain sensitive information on national security cannot be disclosed in court
Product advertising is typically an example of _____ speech.
commercial
The term reparations refers to:
compensation for past injury
The _____ restricts the states' abilities to regulate commerce, rather than the federal government's.
dormant commerce clause
A fifty year jail sentence for stealing a pack of cigarettes would violate the:
eighth amendment
With reference to the Constitution, the doctrine of incorporation:
extends limitations on government behavior in the Bill of Rights to apply to the states as well.
If a search occurs without a warrant, the search is always illegal. True/False
false
The Constitution outlines what government must do, as opposed to what government cannot do. True/False
false
The Senate retains the right to impeach officials for "high crimes and misdemeanors," and the House tries such impeached officials. True/False
false
The dormant commerce clause expands the state's abilities to regulate commerce. True/False
false
The standard of proof in a civil trial requires the plaintiff to prove the case beyond a reasonable doubt. True/False
false
Traditionally, if a state's citizen purchases goods from a seller out of state, he would pay the sales tax directly to the government. True/False
false
The involuntary loss of ownership of property is known as:
forfeiture
Which of the following terms best describes formally accusing an elected official of misconduct?
impeachment
When someone is charged with committing a crime, he/she is charged by the government in a(n):
indictment
What is actus reus?
it is a term for the guilty act
Identify the correct statement about the Eighth Amendment.
it prohibits cruel and unusual punishment
_____ is an exception to the warrant requirement, specifically referring to a pat-down search permitted when someone is lawfully arrested.
lawful arrest
To be convicted of a crime, someone must possess the required criminal state of mind or:
mens rea
Courts use the Miller test to determine if a speech can be categorized as _____.
obscene
The standard of proof in a civil trial requires the plaintiff to prove the case:
only by a preponderance of the evidence
Someone who lies under oath, even if he/she thinks there is a good reason to do so, has committed the crime of:
perjury
Speech uttered to advocate the overthrow of government is most likely to be an example of:
political speech
Representation in the lower House of Representatives is proportionate to a state's _____.
population
Which of the following terms best describes the doctrine that permits federal law to trump, and render unenforceable, conflicting state laws?
preemption
The Fourteenth Amendment to the Constitution:
prevents any state from depriving citizens of their rights without "due process of law."
The doctrine of prior restraint:
prevents the government from restricting or punishing speech before it is uttered or published.
According to the Fourth Amendment requirements, the government must first obtain a search warrant to search a particular area for particular items if there is a reasonable expectation of privacy in the area to be searched. The search warrant is issued only on:
probable cause
When a criminal is under the supervision of the court but is not confined, it is known as:
probation
According to the _____, before a government can move to take away life, liberty, or property, the defendant is entitled to at least adequate notice, a hearing, and a neutral judge.
procedural due process
The Eighth Amendment to the Constitution:
prohibits "cruel and unusual" punishment.
The Establishment Clause:
prohibits the government from establishing a religion.
The standard of review in which the government must prove the law is justified by a compelling government interest is known as:
strict scrutiny
Burning the U.S. flag as a form of protest against a U.S. government policy is an example of:
symbolic speech
federalism refers to:
the division and sharing of power between the central and state governments.
Since crimes are public injuries, they are punishable only by:
the government
A state law that discriminates against out-of-state commerce, or places an undue burden on interstate commerce, would violate the dormant commerce clause. True/False
true
A transaction that takes place inside a state would create a nexus for sales tax to attach. True/False
true
If a state required out-of-state corporations to pay a higher tax or fee than an in-state corporation, that would be unconstitutional. True/False
true
In a criminal case, the defendant is presumed to be innocent unless and until he/she is proven guilty. True/False
true
In a criminal case, the due process requirements are higher than in a civil case. True/False
true
States are permitted to tax, but only if the activity taxed has a nexus to the state. True/False
true
The division of enumerated powers between the legislative, judicial and executive branches is known as the separation of powers. True/False
true
The general power of states to regulate for the health, safety, and general welfare of the public is known as police power. True/False
true
Which of the following terms relates to the president's total and complete control over the branch of government that is established by Article II of the Constitution?
unitary executive theory
