pols 330 final study
Which amendment to the constitution declares that the rights of the people are not limited to those spelled out in the constitution?
9th
In regular bankruptcy, called a ______ proceeding, the individual or corporate debtor files a petition itemizing all debts.
Chapter 7
Separation of powers is one of the two basic structural characteristics of the American constitutional system; the other is _________________.
federalism
Freedom of assembly is protected by which constitutional amendment?
first
Written contracts frequently include provisions that the party required to perform will not be liable for delays due to strikes, adverse weather conditions, or acts of God. These clauses are sometimes referred to as _________________ clauses.
force majeur
Federal law provides for the ____________ of real estate and other property used in illegal drug trafficking and other criminal activities
forfeiture
One option for courts seeking to enforce a child support order is ______________ of the obligated parent's wages.
garnishment
An example of a ______ verdict is one where the jury returns a finding that the defendant is liable to the plaintiff and assessing the plaintiff's damages as $10,000.
general
Article 1, section 9 or the constitution states "the privilege of the Writ of ___ shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
habeas corpus
The most celebrated common law writ was ______.
habeas corpus
Article 3, Section 2 of the U.S. Constitution provides that trial of all crimes, except in cases of __________________, shall be by jury.
impeachment
The only means of removing a federal judge from office is through _________, a process provided in the Constitution.
impeachment
McCulloch v. Maryland (1819) is most important for its statement of the doctrine of ______.
implied powers
If the police have failed to provide the Miranda warnings, not only the suspect's responses to their questions but physical evidence discovered as the fruit of the interrogation are tainted. On the other hand, if the physical evidence was located on the basis of independently and lawfully obtained information, it may be admissible under the _____________________ doctrine.
independent source
A judge rules that a company must stop polluting water outside of its factory, but no monetary damages are applied. This is a clear example of which of the following?
injunctive relief
Patents, copyrights, and trademarks are forms of _________________ property rights.
intangible
Time-place-manner restrictions are most likely to be evaluated using which of these legal tests?
intermediate scrutiny
According to Article III of the constitution, the U.S. Supreme Court's original jurisdiction extends to all cases involving each of the following except:
judges
In Immigration and Naturalization Service v. Chadha(1986), the Supreme Court held that the ______________ is unconstitutional.
legislative veto
In the Latin, the law of retaliation calling for "an eye for an eye" is the ______.
lex talionis
If a home was recently remodeled and the owner did not pay the contractor in full, the contractor may have a _________________ against the property.
lien
A construction contract that contains a provision requiring stipulated per diem payments to the owner for the builder's inexcusable delays in performance is said to include a clause that provides for _________________ damages.
liquidated
A competent adult can make advance directives concerning medical care through use of a ________, durable power of attorney, and through appointment of surrogates.
living will
Courts sometimes issue a of _________________ requiring a judge or other public official to perform a ministerial legal duty.
mandamus
In family law disputes and personal injury cases, parties often agree to ______.
mediation
Which of these legal tests is used to address the matter of obscenity?
miller test
In De Republica, the ancient Roman orator and jurist Cicero defined as ______, "right reason in agreement with nature."
natural law
Checks, bank drafts, certificates of deposit, and promissory notes are examples of ______.
negotiable instruments
In the latter part of the twentieth century, reformers who pointed to uncertainties, delays, and costs to victims to obtain a fair award in automobile accident litigation persuaded a number of states to enact ______ automobile insurance laws.
no fault
Courts accept matters of common knowledge by taking judicial ______.
notice
The ________________, located within the U.S. Department of Education, is responsible for enforcing a number of civil rights laws that apply to public education.
office of civil rights
Lawyers for both parties appear before an appellate court to make verbal presentations and answer questions from the bench. This is known as the ____________.
oral argument
When authorized by state constitutions or acts of state legislatures, cities and counties may adopt ______ that define certain criminal violations.
ordinances
The ______ rule states that a party cannot introduce oral evidence to contradict the terms of a written agreement that is complete.
parol evidence
Which of these is not a component of a valid contract?
parol evidence
In Gonzales v. Carhart (2007), the U.S. Supreme Court upheld a federal ban on ________________.
partial birth abortion
What term refers to the drawing of congressional district lines in a fashion that enables the party in power to further the success of its party's candidates in elections?
partisan gerrymandering
An opinion that is not attributed to a single justice, but which instead speaks for the court as a whole, is likely to be known as a:
per curiam opinion
Property may be broadly classified as real or ______ property.
personal
___________ is a set of rules promulgated and enforced by government.
positive law
The term "collateral attack" is most likely to be connected to which of the following?
post-conviction relief in state courts
In D.C. v. Heller (2008), Justice Scalia's majority opinion referred to the opening portion of the Second Amendment, which states "A well-regulated militia being necessary to the security of a free state," as which of the following?
prefatory clause
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 ____________.
prenuptial agreements
The reasonable doubt standard that applies in criminal prosecutions differs markedly from the ______ standard that usually applies when someone is a accused of civil liability.
preponderance of evidence
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
Which term refers to an appeal brought for by an accused criminal who wishes to represent themselves?
pro se appeal
The Civil Rights Act of 1875 attempted to eradicate racial discrimination in places of public accomodation, including hotels, taverns and theaters.
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 Fair Housing Act of 1968 prohibits a lessor from refusing to sell or rent a dwelling on the basis of race, color, religion, sex, national origin, familial status, or disability.
true
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.
true
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.
true
The Supreme Court's decision in Obergfell v. Hodges (2015) effectively legalized same-sex marriage throughout the United States.
true
The U.S. Congress may not alter the original jurisdiction of the U.S. Supreme Court.
true
The U.S. Supreme Court has held that a property forfeiture stemming from a drug crime is subject to limitation under the Eighth Amendment to the Constitution.
true
The U.S. Supreme Court has held that burning the American flag as part of a public protest is a form of symbolic speech protected by the First Amendment.
true
The movement toward gender equity in collegiate athletics is largely attributable to Title IX of the Federal Education Act of 1972.
true
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.
true
The only means of removing a federal judge or Supreme Court justice is through the impeachment process provided in the Constitution.
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 trend of U.S. Supreme Court decisions under Chief Justices Burger and Rehnquist was to interpret the Fourth Amendment's proscription against unreasonable searches and seizures in ways to facilitate the ability of law enforcement to ferret out crime.
true
Title II of the Civil Rights Act of 1964 prohibited racial discrimination in places of public accommodation that affect interstate commerce.
true
When a criminal attempt completes a substantive crime, the attempt usually merges into the target offense making the actor is guilty of the substantive crime, rather than merely an attempt.
true
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.
true
Where personal property is pledged as collateral to secure repayment of a loan the creditor acquires a security interest in the personal property pledged as the collateral.
true
A corporation that acts beyond its express or implied powers is said to have committed _____.
ultra vires acts
Some states have a ______ that has been delegated authority to regulate the legal profession, usually under the oversight of the state's highest court.
unified bar
Where because of the character or size of a parcel of land, enforcement of a zoning regulation would impose an undue hardship on the property owner, the property owner may apply to a zoning board of adjustment for a _________________.
variance
Under certain circumstances a person or an entity can be held responsible for the tortious acts of another. This is called ______ liability.
vicarious
The Magnuson-Moss Act of 1975 deals with:
warranties
Which of these writs asks for a person to be released from custody?
writ of habeas corpus
What are the first three words of the Constitution?
"We the People"
The _____________________ amendment provides: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
10th
The ___________ Amendment provides: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."
11th
Slavery was formally abolished by the ratification of the ______ Amendment to the Constitution in 1865.
13th
The _____________________ amendment prohibits states from depriving persons within their jurisdiction of life, liberty, and property without due process of law and guarantees to each person the equal protection of the laws.
14th
When people mention the "Equal Protection Clause", to what amendment are they referring?
14th
Which amendment provided women with the right to vote?
19th
Officially, how many times has the Constitution been amended?
27
Which amendment deals with double jeopardy?
5th
The term of office for a U.S. senator is ________ years, while that of a member of the U.S. House is ________ years.
6; 2
The ______________ Amendment guarantees the right to counsel.
6th
The _____________________ Amendment to the federal Constitution guarantees a criminal defendant the right to a speedy and public trial.
6th
Which amendment deals with the right to counsel and the right to a jury trial?
6th
Which Amendment to the U.S. Constitution prohibits "cruel and unusual" punishments?
8th
Which Amendment to the U.S. Constitution prohibits excessive bail? ___________________
8th
Unenumerated rights are most likely to be protected via which constitutional amendment?
9th
The idea of a "reasonable expectation of privacy" comes from which of the following?
A Supreme Court case called Katz v. United States, which dealt with wiretapping in a phone booth.
Which of the following is a valid use of consent in a search of your apartment?
A roommate allows police to search a common area in the home when nobody is there to object.
Most of the enumerated powers of Congress are located in ______ of the Constitution.
Article I, Section 8
The Model Penal Code was published by the _______________.
American law institute
What famous case overturned the doctrine of "separate but equal" as applied to public schools?
Brown v. Board of Education
The concept of res ipsa loquitur would be most relevant to which of the following scenarios?
Causation in a medical malpractice lawsuit where a doctor left gauze in a patient's leg.
Article 3 of the Constitution states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the ________ may from time to time ordain and establish.
Congress
Who has the power to declare war according to the Constitution?
Congress
The United States ______ Courts are the major trial courts in the federal judiciary.
Districts
The ______ is the codification of all final rules of all federal agencies.
code of federal regulations
Which of the following is least likely to constitute a violation of the 4th Amendment?
Drug testing members of a high school football team
This president helped enforce a Supreme Court school desegregation decision on behalf of students called the "Little Rock 9" in 1957: ________________.
Dwight eisenhower
Which of these is NOT a violation of the Equal Protection Clause (according the Supreme Court)?
Each of these answers were said to be violations of the Equal Protection Clause
Which of these was incorporated most recently?
Excessive Fines Clause of the Eighth Amendment
What branch of government does Article II pertain to?
Executive
All bills for raising revenue must originate in the U.S. Senate. [Hint: Look at Article I, Section 7].
False
American law is derived largely from the Roman law.
False
Every state in the Union has a bicameral legislature, that is, a legislative branch composed of two houses.
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
The Fourth Amendment prohibits all searches and seizures by governmental officials.
False
The U.S. Supreme Court's appellate jurisdiction is now exercised almost exclusively through the writ of habeas corpus.
False
The doctrine of stare decisis is no longer an important component of the American legal system.
False
When police seize evidence illegally and then that evidence leads to more evidence, everything can be thrown out of court by using the doctrine of:
Fruit of the Poisonous Tree
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 oldest known written legal code is the Code of ______________________, which was produced in Babylonia some 2,000 years before Christ.
Hammurabi
The Supreme Court's decision in McDonald v. Chicago(2010) dealt directly with which of these?
Handgun possession in the home
Which of these would NOT qualify as an actus reus?
Having a seizure while driving and running into a car parked on the side of the road. Assume this is your first seizure and you have had no warning signs that this would occur.
Which of the following is FALSE about affirmative action:
Having diversity in education is not a compelling interest that can justify consideration of race as one of many factors in admissions.
The nineteenth-century American writer ______ is best known for his advocacy of civil disobedience when the demands of conscience conflict with the dictates of law.
Henry David Thoreau
You have a contract to repair a roof. Then, a day after the contract is signed, a tornado destroys the house. This would be an example of:
Impossibility of Performance (Force majeure is relevant)
The Supreme Court's ruling in Hustler v. Falwell held:
It was obvious that the ad in Hustler was a 'parody', and since Falwell is also a "public figure", the First Amendment freedom of speech provides protection for Hustler to make jokes like this.
Where did the "exclusionary rule" originate?
It was originally articulated by the Supreme Court in Weeks v. United States in 1914
In The Federalist, No. 47, __________ observed "[t]he accumulation of all powers, legislative, executive, and judiciary, in the same hands . . . may justly be pronounced the very definition of tyranny."
James Madison
_____________________ was the Chief Justice who presided over the landmark case of Marbury v. Madison.
John Marshall
The key principle that emerged from Marbury v. Madisonwas _____.
Judicial Review
Which of these is easiest to form and still offers protection for your personal assets?
L.L.C.
Of the 50 U.S. states, the only one that it did not choose to essentially follow the English common law was ______.
Louisiana
In _____________________, the Supreme Court held that the 4th Amendment exclusionary rule must be followed in the state courts.
Mapp v. Ohio
In his famous "Letter from the Birmingham Jail," ______ defended his disobedience of a law he regarded as unjust.
Martin Luther King Jr.
What is the 'lowest' level of mens rea, in the sense that it is often associated with crimes that bring lower punishments and it is often applied to conduct where someone didn't intend the crime -- perhaps an accidental behavior where they "should have known better"?
Negligence
In which Supreme Court case was same-sex marriage effectively legalized nationwide?
Obergefell v. Hodges
In an appellate decision, any judge on the panel may file a dissenting or______ opinion.
concurring
The case of _______________ made "separate but equal" allowable—leading to the spread of Jim Crow laws, and the case of ______________ made "separate but equal" illegal (at least for schools)
Plessy v. Ferguson; Brown v. Board of Education
Of these scenarios related to the plain view doctrine, which does NOT violate the 4th Amendment?
Police visually search from an airplane flying over your backyard, using only binoculars, and see items that they can clearly recognize as marijuana plants.
In Fisher v. University of Texas (2016), the Supreme Court said this about affirmative action:
Race could still be used as "one of many factors" in college admissions to promote diversity in the classroom, and thus, Abigail Fisher loses her case
Which of these is not an intentional tort?
Rear-ending another car because you were texting while driving
Since the early twentieth century the legislative and judicial trend of the law has been toward rejection of ______ and toward protection of the consumer.
caveat emptor
In ______, the Supreme Court held that Congress had granted "virtually unfettered" discretion to the bureaucracy to enact "laws for the government of trade and industry throughout the country."
Schechter Poultry Corporation v. United States (1935)
A petition for ____ is directed to a higher appellate court which has discretion to grant or deny the petition.
certiorari
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
Article V of the U.S. Constitution prescribes that to amend the Constitution requires a two-thirds majority in both houses of Congress followed by ratification by two-thirds of the states.
false
I agree to sell you a boat, but you add the condition that some repairs need to be made. We have a written agreement. I spend $1,000 in making these repairs. You then back out of the agreement. In regard to that $1,000 I spent, which of these principles would be most relevant to me recovering the money?
Sherman Anti-Trust Act
Unfair business practices that might be considered a "restraint of trade" are covered by the _________.
Sherman Anti-Trust Act
Which of the following does not characterize a private business corporation?
Simplicity of organization and reporting requirements
Monty Monroe sues Derek Doolittle for defamation of character. Monroe is a resident of California. Doolittle is a resident of Texas. The dollar amount of the claim is $1,000,000. Which of the following is true in regard to jurisdiction?
Since the parties are from different states and the amount is over $75,000, this case could actually be filed in a federal district court.
Which of these cases deals with ineffective assistance of counsel?
Strickland v. Washington
The ______ Act allows private citizens to file suit on behalf of the U.S. government charging fraud by government contractors and others who receive federal funds.
false claims
The Napoleonic Code, promulgated under Napoleon Bonaparte in 1804 as a codification of all the civil and criminal laws of France, was based in large part on ______.
The Code of Justinian
"Toxic torts" would be most applicable to which of the following scenarios?
The Erin Brockovich case and the Exxon Valdez case.
The _____________, which is published daily, contains all executive orders, notice of agency hearings, proposed and adopted rules, and amendments to proposed or adopted rules.
federal register
Which of the following statements concerning judicial review is false?
The concept of judicial review was completely foreign to the Framers of the U.S. Constitution.
Real estate taxes are examples ad valorem taxes.
true
A group of people that live close to one another enter into a lawsuit together, essentially to pool their resources in fighting a big company that polluted water in their local neighborhood. Millions of dollars are stake. What type of lawsuit is this?
class action
In Kyllo v. United States, the Supreme Court said:
The thermal imager used to search the home was unusual technology, and thus violates a person's reasonable expectation of privacy in the home.
Marvin v. Marvin is case discussed in a shadow box in the book. It provides us with which of these ideas?
There could be a situation where a boyfriend might owe money to a girlfriend based on an implied agreement (called palimony), but that principle is not applicable to this case.
In Summa Theologica, the medieval philosopher _________________ characterized natural law as the "participation in the Eternal Law by rational creatures."
Thomas Aquinas
Diversity of citizenship jurisdiction in the federal courts applies only to civil suits between parties residing in different states and is unrelated to the presence of a question of federal law.
True
In a civil suit, the aggrieved party is termed the plaintiff.
True
In contrast to the more "inquisitorial" style of trial developed under the Roman law tradition, the English common law developed an adversarial system of justice.
True
Marxists generally see law in capitalist society as a tool of oppression and a protector of inequality.
True
Tennessee has separate appellate courts for civil and criminal cases
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
Someone hands you a "civil summons". This means that:
You are being sued! Might need to find a good lawyer!
The phrase "caveat emptor" would be most relevant to which of these scenarios?
You buy a used car and it breaks down.
The Supreme Court's decision in Griswold v. Connecticutarticulated which of the following?
a right to privacy
Although ______ are technically employees of the agencies they serve, they are supposed to function as impartial arbiters of disputes.
administrative 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
In some states, a child born after a will is executed is entitled to a share unless the testator's will expressly excludes ______.
all after-born children
Which of these terms refers to briefs submitted by outside groups hoping to influence judges in an appellate matter?
amicus curiae
The "abuse of discretion standard" is most likely to be relevant to an appeal of:
an administrative agency action
A (an) ______ is a judicial decree that no valid marriage existed.
annulment
In an appeal, the __________ files a brief designed to persuade the court that the trial court erred in some harmful way in rulings on the law, procedure, or evidence.
appellant
The Supreme Court's ______ extends to all federal cases "with such Exceptions, and under such Regulations as the Congress shall make."
appellate jurisdiction
A trial before a judge without a jury is known as a _________ trial.
bench
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
In a concurring opinion in Ashwander v. Tennessee Valley Authority (1936), Justice _________ set forth the basic limiting doctrines observed by courts in the exercise of judicial review.
brandeis
Two primary tools that local governmental agencies use to regulate the use of privately owned lands are zoning and _____________.
building codes
In some instances, a court is likely to consider ordering specific performance as a remedy for breach of contract, but not with respect to a contract to ______.
buy goods readily available in the open market
When it comes to entering into formal agreements, minors and really drunk people might lack:
capacity to contract
State laws usually allow one spouse to recover compensation for loss of ______________, which is the loss of the injured spouse's services and companionship when the other spouse is permanently injured as the result of a tort committed by another person.
consortium
Lawyers frequently handle personal injury lawsuits for plaintiffs on a ______ fee that is based on the amount of damages recovered.
contigent
You are speeding on a rainy day. You hit your brakes and skid into an intersection just after the light turns red. A car going in the other direction also does the exact same thing (speeding, skids through red light). Your cars collide. Which of these concepts might limit the amount of money that you make in a civil lawsuit?
contributory negligence
The plaintiff's lawyer conducts a direct examination of each witness after which the defendant's lawyer has the right of ______.
cross examination
Damaging someone's reputation with a false statement is:
defamation
Through a series of broad ______, Congress and the state legislatures have transferred to the executive bureaucracy much of the responsibility for making and enforcing the rules deemed necessary for a technological society.
delegations
At the close of the prosecution's evidence, the defense counsel will frequently move the court to grant a _____________.
directed verdict
A federal trial is most likely to be heard in which of these?
district court
To "own" personal property one must have ______ over it
dominion and control
To lawfully "own" personal property one must have ______ it.
domion and control over
Mala in se offenses include ______.
each of these answers: rape, murder, arson
An inherent attribute of federal and state sovereignty is the power of ______, that is, the ability of government to take private property for public use.
eminent domain
Which term refers to government taking private land for public use?
eminent domain
When the government takes private land for public use, that is called __________________ and the _____ Amendment provides for "just compensation" for the land owner.
eminent domain; 5th
The ____________ made it a federal crime to conspire to "injure, oppress, threaten or intimidate any citizen in the free exercise of any right or privilege secured to him by the Constitution or laws of the United States."
enforcement act of 1870
Appellate courts perform dual functions in the civil and criminal process: _________ and lawmaking.
error correction
You are wearing a plaid vest on Monday. The next day, the state passes a law that bans wearing plaid vests on Monday. You are arrested on Wednesday for having worn your plaid vest two days earlier. What principle below best indicates why this case should be thrown out?
ex post facto law
The courts have long recognized a prosecutorial duty to disclose _________________ evidence to the defense.
exculpatory
Which of the following featured prominently in the Supreme Court case of Nixon v. United States?
executive privilege
"Substantive due process" refers to the government's obligation to provide fair notice and a fair hearing to individuals before depriving them of "life, liberty or property."
false
A federal taxpayer ordinarily has standing to initiate a court challenge to a federal program on the ground that the law authorizing such program is unconstitutional.
false
A felony typically carries less than one year in jail.
false
A good-faith offer to compromise a disputed claim made during settlement negotiations between counsel for the parties is admissible evidence in a court trial.
false
A husband who leaves the matrimonial domicile and obtains a divorce in another state (where the wife does not appear in the case) is not subject to further proceedings concerning alimony, support, and custody rights in the state where the other spouse remains.
false
A landowner's duty to a plaintiff is the same irrespective of whether the plaintiff is an invitee, licensee, or trespasser.
false
A lawyer who handles a case on a pro bono basis charge the client an hourly fee for his or services.
false
A magistrate's finding of probable cause to issue a search warrant may not be based on hearsay evidence.
false
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.
false
A person who has the only key to a safe deposit box containing a diamond ring is said to be in actual possession of the ring.
false
Administrative detention of illegal aliens by Immigration and Customs Enforcement (ICE) is subject to expedited judicial review.
false
An interlocutory appeal occurs after a trial has concluded.
false
Appellate court conferences are usually held in public, but either party to the case can petition that the conference be held in private.
false
Article V of the U.S. Constitution prescribes that to amend the Constitution requires a simple majority in both houses of Congress followed by ratification by at least two-thirds of the states.
false
Based on Supreme Court case precedent, in order to have a criminal conviction overturned for ineffective assistance of counsel, an accused criminal only needs to demonstrate that their lawyer performed at a level below how a reasonable lawyer would have performed.
false
Community property laws derive from English common law
false
Courts have long held that improper comments by counsel cannot be the basis for a mistrial.
false
Discovery proceedings seldom lead to out-of-court settlements.
false
In 1982 in New York v. Ferber, the Supreme Court unanimously held that child pornography, like obscenity, is protected by the First Amendment.
false
In Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993), the U.S. Supreme Court reaffirmed the long-standing "general acceptance" or Frye test for admission of expert testimony.
false
In general, the courts have been less permissive toward administrative searches directed at business and industry than toward police searches directed at private individuals.
false
In the American context, federalism refers to the division of power between the state governments on the one hand and the local governments on the other.
false
In voir dire, all peremptory challenges require a ruling from the bench.
false
Jurisdiction of courts under the Uniform Code of Military Justice is limited to ''service-connected'' offenses by military personnel.
false
Let's say you become a lawyer someday. You represent a client who has been punched in the nose during a bar fight. Evaluate whether this statement is true or false: You can take your time filing such a lawsuit for the tort of assault, because there is no time limit or deadline for doing so -- since tort cases do not have those pesky 'statute of limitations' things that you might have heard about in other areas of law; this is why business law professors are so laid back with deadlines in law school.
false
Once they obtain evidence of criminal activity, all federal agencies are authorized to initiate criminal prosecutions against violators.
false
One mechanism for successfully appealing a civil judgment is to suggest that a trial court lacked jurisdiction to hear the case.
false
Property owned by a person who dies without a will passes to the government by intestate succession
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 Bill of Rights to the U.S. Constitution, ratified in 1791, provided a set of limitations that enabled citizens to look to their federal courts for protection against actions by their state governments.
false
The Seventh Amendment to the U.S. Constitution provides that for suits at common law, the right to a jury trial is preserved when the value in controversy exceeds $20; however, this requirement applies only to the state courts.
false
The Solicitor General heads the U.S. Department of Justice.
false
The Supreme Court has held that the Establishment Clause of the First Amendment prohibits states and local communities from providing funds to religious schools for a general program of assistance that benefits all schoolchildren.
false
The Supreme Court will only grant certiorari if five justices agree to hear a case.
false
The concept of bankruptcy is not mentioned anywhere in the U.S. Constitution.
false
The doctrine of original intent has become a universally accepted basis for constitutional interpretation by the U.S. Supreme Court.
false
The four main justifications for criminal punishment are retribution, deterrence, incapacitation, and revenge.
false
The good-faith exception to the exclusionary rule applies in cases where police officers rely on warrants that are later held to be invalid as well as where police, in good faith, conduct a warrantless search.
false
The original Civil Rights Act of 1964 prohibited employment discrimination based on gender as well as race.
false
The party mortgaging property is known as the mortgagee and the lender is known as the mortgagor.
false
The process whereby a neutral third party acts as a facilitator in an informal and nonadversarial process to assist disputants to reach a mutually agreeable settlement is known as arbitration.
false
The quartering of troops in the homes of private citizens is barred by the Fourth Amendment.
false
There is a presumption in law of undue influence where a testator excludes a relative from the benefits under his will.
false
Title to land may under no circumstances be acquired by adverse possession.
false
Under no circumstances will courts today award a right of visitation to the father of a child born out-of-wedlock who refuses to marry the child's mother.
false
Under the common law, a putative father was under a legal duty to support an illegitimate child.
false
Under the early Roman law, a man and woman who lived together and had sexual relations were not considered married unless a magistrate solemnized their union.
false
With one lawyer for every 24 persons, Texas has the highest density of lawyers in the country.
false
Records kept in the ordinary course of a firm's business are generally admitted in a trial as an exception to the hearsay rule.
true
Under a doctrine known as ______, a court may enforce an agreement where it was foreseeable that one party in reliance on another's promise has incurred expenses.
promissory estoppel
What type of damages goes beyond repairing the actual injury to the plaintiff and seeks to punish the defendant to teach them a lesson?
punitive damages
Which of these categories of mens rea would apply to 1st degree murder, a crime that requires planning (premeditation) as a component?
purposeful
According to Black's Law Dictionary, a ______ suit is "an action brought by an informer, under a statute which establishes a penalty for the commission or omission of a certain act, and provides that the same shall be recoverable in a civil action, part of the penalty to go to any person who will bring such action and the remainder to the state or some other institution."
qui tam
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.
rape shield
Blood samples, x-rays, photographs, fingerprints, knives, guns, and other tangible items are examples of ______ evidence.
real
The minimum standard for police to pull someone over when driving is______ that a crime has taken place.
reasonable suspicion
Before testimony may be admitted in court, it must be ______ to the issue(s) in the case and must come from a competent witness.
relevant
Cities that refuse to cooperate with federal immigration officials have become known as ________ cities.
sanctuary
Which of these is likely to be a situation with a very high expectation of privacy?
search in a person's private home
The textbook mentions the case of Rodney King, who was beaten by police officers in Los Angeles. King claimed a violation of his constitutional rights and sued the City of Los Angeles as well as the officers involved. The book cites this case as an example of a ______________ lawsuit.
section 1983
Many states have provisions for ____________, which allows for alimony without dissolution of marriage.
separate maintenance
The Framers of the Constitution viewed the constitutional principle of ______ and the related system of ______ as essential to the maintenance of limited government.
separation of powers; checks and balances
The Supreme Court uses the ________ in free exercise of religion cases.
sherbert
Which of these is NOT a component of proving a negligence claim?
showing an intentional act
Which of these is generally considered a strict liability offense?
speeding
The party seeking judicial review of a law must have ___________ in order to challenge that law, which means that the operation of the law must produce a substantial injury to the rights of the party seeking review.
standing
The Supreme Court's decision in South Dakota v. Wayfair, Inc. (2018) addressed which of these topics?
state sales tax collection
A _______is a legislative enactment that places a time limit on the prosecution of a crime.
statute of limitations
The Supreme Court has modified the doctrine of presumptive constitutionality with respect to laws discriminating against citizens on grounds of race or national origin. Such laws are now viewed as inherently suspect and are subjected to ______________.
strict scrutiny
If a case gets thrown out of court by a judge before it even goes to trial, we describe this with which of the following terms?
summary judgement
In 1994, the U.S. Supreme Court held that requiring the owner to deed a portion of the property to the city for use as a public greenway along an adjoining portion of the property, before allowing the owner to expand her plumbing and electrical supply store and add a paved parking lot, went too far and were inconsistent with the ______ Clause of the Fifth Amendment.
takings
State legislatures are the primary locus of __________, which is the power to make laws in furtherance of the public health, safety, welfare, and morality.
the police power
Legal historians credit the Magna Carta with establishing ______.
the principle that government is subject to the rule of law
The case of City of Cleburne v. Cleburne Living Center (1985) dealt with a town's decision to deny a zoning permit for a business that wanted to create a home for the mentally handicapped. Since neither race nor gender served as the basis of discrimination here, the Supreme Court used ______________.
the rational basis test
The Civil Rights Act of 1866 was designed to invalidate the "Black Codes" enacted in the South during the Civil War.
true
The First Amendment to the U.S. Constitution protects the rights of religion, speech, press, petition, and _______________________
to assembly
What is the only crime defined in the Constitution, and how many witnesses, at minimum, are required for conviction?
treason; 2 witnesses
A President's power to issue pardons is derived from Article II of the U.S. Constitution.
true
A child born within the normal gestation period after the death of a husband is presumed to be the legitimate child of the deceased husband.
true
A husband who contests the paternity of a child born during his marriage must raise the issue promptly and not after dissolution of that marriage.
true
A legislative veto is a device whereby the legislature as a whole, one house thereof, or even one legislative committee can override an agency decision that is made pursuant to delegated authority. The Supreme Court held such vetoes unconstitutional in 1986.
true
A party is entitled to have the jury instructed on the law applicable to any legitimate issue that is supported by the evidence.
true
A primary objective of the Fourteenth Amendment (1868) was to protect the civil rights and liberties of African-Americans.
true
A special verdict is one where the jury specifically answers questions posed by the court on the form of verdict submitted to the jury.
true
A summary judgment is effectively precluded when a person's intent is a material issue in a civil case.
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
Chicago v. Morales indicates that vague criminal laws violate due process -- a constitutional protection that appears in both the 5th Amendment and the 14th Amendment.
true
Courts usually allow parents or other surrogates to assert a minor's right of privacy and through exercise of their substituted judgment to approve of discontinuance of such extraordinary means of life support when the minor is in a terminal condition and is unable to communicate.
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
Executive orders, notice of agency hearings, proposed and adopted rules, and amendments to proposed or adopted rules can be found in the Federal Register.
true
Federal grand juries comprise 16 to 23 persons, but the "12 votes for indictment" rule applies in every case.
true
Federal law provides that anyone who willfully fails to pay a support obligation with respect to a child, who resides in another State, if such obligation has remained unpaid for a period longer than one year, or is greater than $5,000, is guilty of a federal offense.
true
Federal marshals are now responsible for executing warrants issued by federal courts, pursuing and arresting federal fugitives, transporting federal prisoners, and protecting federal judges and witnesses.
true
Historically one who keeps wild animals or who stores or uses explosives has been held strictly liable even when damage occurs through no fault of the tortfeasor.
true
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.
true
In Goss v. Lopez (1975), the U.S. Supreme Court held that the 10-day suspension of a student from a public school without a hearing was a violation of the Due Process Clause of the 14th Amendment.
true
In Roe v. Wade (1973), the Supreme Court held that a fetus was not a person within the meaning of the U.S. Constitution.
true
In exercising its oversight function in the modern era, Congress has found it necessary to delegate a considerable degree of lawmaking power to agencies within the executive branch
true
In most civil trials, it is the plaintiff's burden to establish the case by a preponderance of the evidence.
true
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.
true
In the wake of the Great Depression the Supreme Court embraced a more progressive model of federalism in which the national government became recognized as the paramount authority.
true
Normally, appeals to the U.S. Courts of Appeals are decided by panels of three judges.
true
One who has acquired possession of property by theft cannot legally confer title by a sale to another party.
true
Prayer before a legislative session - in particular, a town council meeting - was upheld by the Supreme Court in Town of Greece v. Galloway.
true
Prior to the 20th century, women and minorities were effectively barred from the legal profession in the United States.
true
