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Law
Q:
A criminal defendant is found to be suffering from a mental disease which is so serious that she does not know the nature of her actions or the fact that the acts she commits are wrong. This fits which of the following tests?
A. M'Naughten Rule
B. Irresistible impulse test
C. American Law Institute test
D. The Durham test
Q:
_____ is a defense to charges of criminal liability, as long as it destroys one of the elements necessary to that crime.
A. Self-defense
B. Mistake
C. Battered spouse syndrome
D. Defense of others
Q:
Sue is in her apartment complex when she hears screams and what sound like gunshots. However, she fails to call 911. Has Sue committed a crime due to her failure to call the police? Explain.
Q:
While sleepwalking during his stay in a hotel, Boterus ran into Selan, another guest at the hotel, knocking Selan down the stairs. Selan called the police and demanded that Boterus be arrested. Will the police comply with the request? Explain.
Q:
The police have the DNA and fingerprint evidence to connect Amy to a particular crime of murder, but they have found no evidence whatsoever of any motive for Amy to kill the victim. Would the lack of a motive prevent Amy from being convicted?
Q:
Tom enters a computer chat room attempting to contact children online with the intention of taking illegal advantage of them. This e-crime is:
A. cyberextortion.
B. cyberspoofing.
C. cyberstalking.
D. cyberfraud.
Q:
Mark enjoys hacking into the computer databases of companies, but never takes or damages any data. Mark has violated which of the following statutes?
A. Access Device Fraud Act
B. Computer Fraud and Abuse Act
C. Wiretap Act
D. Mark has not violated any statute since there is no damage
Q:
_____ is analogous to forgery because it also involves the alteration or falsification of an object or a document with intent to defraud.
A. Embezzlement
B. Criminal simulation
C. Passing bad checks
D. Defrauding creditors
Q:
_____ involves the false making or changing of a writing (without proper authorization) with the intent to defraud.
A. Embezzlement
B. Defrauding
C. Larceny
D. Forgery
Q:
Agnes, a convenience store cashier, takes $5 out of the register for every $100 she rings up, and keeps it. Agnes could be arrested for:
A. extortion.
B. embezzlement.
C. burglary.
D. robbery.
Q:
Alvin has discovered how to duplicate subway tokens, and has made several hundreds of them with the intention of defrauding people. Which of the following crimes has Alvin committed?
A. Larceny by false pretenses.
B. Using a forged instrument.
C. An act of embezzlement.
D. An act of bribery.
Q:
Joe, driving while intoxicated, caused a traffic accident that killed a passenger in his car. Joe may be charged with:
A. involuntary manslaughter.
B. first-degree murder.
C. second-degree murder.
D. aggravated murder.
Q:
The term _____ has been used to describe a crime in which the offender causes actual physical harm to the victim.
A. assault
B. aggravated menacing
C. violence
D. battery
Q:
A statute that made cross-burning a criminal offence would be an example of what type of crime?
A. Assault
B. Hate speech
C. Arson
D. Terrorism
Q:
A shoplifter steals a can of soda and tries to escape. He threatens and fights the clerk when confronted. This is an example of:
A. burglary.
B. extortion.
C. embezzlement.
D. robbery.
Q:
Myra, the assistant accountant at Multibusiness, Inc., decides to transfer $5,000 from a Multibusiness account to her personal account in order to pay some personal medical expenses. Myra plans to repay the money as soon as she receives reimbursement from her health insurance. Myra has committed:
A. larceny.
B. forgery.
C. embezzlement.
D. burglary.
Q:
A city ordinance allowed the police to arrest young men who were loitering in any public place with no apparent purpose and failed to disperse when requested to do so by the police. William was arrested under the ordinance. What is William's best legal challenge to his arrest?
A. The ordinance has no connection to public safety.
B. The ordinance is void for vagueness.
C. The ordinance gives power to the police.
D. The ordinance contains no reference to a state of mind.
Q:
Which of the following would be considered a criminal act?
A. Martin had a heart attack while driving his semitrailer on a highway, causing a head-on collision with another trailer, and resulting in a 40-car pileup and 17 deaths.
B. Last summer, Sam made and sold crack cocaine and marijuana to teenagers of his neighborhood, leading to drug network and addiction amongst teenagers of that locale.
C. Karen, obsessed with thoughts of her husband's affair with his colleague, wrote in her diary detailed plots of how to kill the woman.
D. Helen thinks she cannot get through each day without taking LSD, a psychedelic drug.
Q:
Two drivers challenge each other to a drag race on a public highway. This is an example of:
A. acting with a purpose.
B. acting with knowledge.
C. acting with recklessness.
D. acting with negligence.
Q:
A child is killed by the violent behavior of his mother's boyfriend. The mother was aware of the possible danger her boyfriend posed to her son, yet failed to take steps to prevent or reduce the risk of harm to her son. She can be convicted of a crime due to which of the following requisite states of mind?
A. She acted with negligence
B. She acted with knowledge.
C. She acted with recklessness.
D. She acted with purpose.
Q:
Which of the following types of criminal homicide involves killing someone with premeditation, killing in a cruel way such as with torture, or killing while committing a major crime?
A. Second-degree murder
B. Involuntary manslaughter
C. First-degree murder
D. Voluntary manslaughter
Q:
A robber kills a convenience store clerk and escapes with just $5. Which of the following types of homicide best fits the facts?
A. Second-degree murder
B. First-degree murder
C. Voluntary manslaughter
D. Involuntary manslaughter
Q:
Which of the following is true of criminal law under the American law system?
A. When a crime is committed, the victim has a cause of action against the accused and is permitted to recover money as compensation from the defendant.
B. In a criminal case the prosecutor or district attorney is required to prove the criminal defendant guilty by a preponderance of the evidence.
C. Defendants are protected from being tried for a criminal offense and then being sued under tort law for that same wrongful act.
D. If a defendant is accused of an offense that can be designated as two different crimes, he or she can be tried in two different courts.
Q:
If a law enforcement officer induces a law-abiding citizen to commit a crime, entrapment may be used as a defense.
Q:
A person does not have a duty to retreat before using force if the attack occurs in his or her own home.
Q:
Patricia mistakenly believes she could personally hold a lottery to raise money for her favorite charity. This could be used as a defense to being prosecuted for unlawful gambling.
Q:
The set of circumstances that leads a woman to believe that the only way she can escape death is to use force against her tormentor is called battered spouse syndrome.
Q:
The RICO Act covers only serious crimes such as arson and robbery.
Q:
Stan threatens to use his computer skills to shut down the computers of Alpha Corp. unless he is paid money. Stan can be held for committing cyberterrorism.
Q:
The Economic Espionage Act (EEA) is designed to protect trade secrets.
Q:
The American Law Institute's insanity test is also known as the irresistible impulse test.
Q:
People found not guilty by reason of insanity are acquitted under the American legal system.
Q:
Alfred drives his car very fast in a school zone when the school is releasing students at the end of the school day. A student dies when he is hit by Alfred's car. Alfred has committed involuntary manslaughter.
Q:
A doctor who injects an antibiotic into a patient's arm without his/her consent may be liable for battery.
Q:
Gabriel points a gun at a store clerk to frighten the clerk. This is an example of assault.
Q:
Entry through an open door or a window establishes the act of burglary.
Q:
Francis has many traffic tickets and fears that her license will be suspended if she gets another traffic ticket. When stopped for speeding, she hands over her license to the police officer with a $100 bill clipped to the license. Francis has committed a crime.
Q:
An individual cannot be convicted for a criminal act unless it is proved that he/she had an evil motive for committing the crime.
Q:
Experts who believe in deterrence say that the criminal process should be presented in a public way so that the public will learn the difference between acceptable and unacceptable behavior.
Q:
A felony is a crime punishable by death/imprisonment in a federal/state prison for a term exceeding one year.
Q:
Under American law, a crime cannot be committed unless some act has occurred.
Q:
Two friends play a paintball game on the sidewalk, when a paintball shot hits a walker in the eye. This is an example of acting with recklessness.
Q:
(p. 78) Patricia Selan, a freelance photographer, entered a work-for-hire agreement with Dynamic Prints Ltd. During the negotiation stage, Selan asked that the contract include an ADR clause, which would make certain that the parties would submit all disputes to ADR. The clause stated that whenever a disagreement arose, the parties would first talk about the problem informally. If, after 14 days, no solution was reached, the claim would go to the American Arbitration Association, which would assist them in choosing an objective mediator who would help them choose an appropriate ADR plan. What benefits does this contract offer Selan?
Q:
(p. 78) When Kiros and Alphonse entered into a partnership agreement, they decided to submit all disputes to binding arbitration and included this clause in their partnership agreement. When a dispute arose, an arbitrator was called in and passed judgment against Kiros. Kiros appealed to the courts and the arbitrator's ruling was overturned. Discuss a possible explanation for this.
Q:
(p. 79) The FFEA was charged with the task of drafting a series of rules to implement the New England Fusion Reactor Initiative. The FFEA anticipates that the new rules will involve drastic changes for all the concerned parties. Rather than simply writing the rules and placing them before the affected parties, what action might the FFEA take to minimize the other parties' dissatisfaction with the rules? Explain.
Q:
(p. 81) The Cuyahoga Experimental Research Company and the Chagrin River Genetics Laboratory Association planned to construct a laboratory for research into the Human Genome Project. The laboratory would be located on land that was owned by four shipping companies. The owners of the companies objected to the way in which their land was appropriated for the project by the government and the research companies. The owners also objected to the planned location of the research facility because they were afraid that some sort of genetic accident might harm the crops and farm animals that were shipped through their terminal which was adjacent to the research facility. Which form of ADR would be ideally suited to hear this dispute? Explain.
Q:
The federal government has express constitutional authority to enact criminal law statutes.
Q:
(p. 82) A science court will not succeed unless it has the power to compel the parties to submit to its authority.
Q:
(p. 72) Chuck likes to grow "natural" flowers such as dandelions in his yard, while his neighbor Patty sees these as weeds whose seeds constantly blow into her yard. Both Chuck and Patty anticipate living in their homes for many years to come. Discuss a form of dispute resolution that would best fit this situation.
Q:
(p. 73) Tom and Jerry operate an ice cream business as equal partners. Tom wants to reinvest the profits and Jerry wants to distribute and spend the profits. If they litigate, the court will likely order the business assets sold, which will destroy the income potential for both Tom and Jerry. Discuss how this dispute might be resolved by arbitration.
Q:
(p. 75) Cheatham and Dunlay are involved in a partnership dispute that presents several complex legal issues. They decide to use early neutral evaluation. Discuss how this process might be helpful in this situation.
Q:
(p. 75) Kim and Dave are filing for a divorce and dispute the value of assets they acquired while married. Each has had appraisers value the assets, but the appraisers have reached differing conclusions. How will a summary jury trial help in this situation?
Q:
(p. 76) Kurt Johannssen, a well-known professional athlete, and Tina, his actress wife, have filed for divorce and are involved in a dispute for the custody of their son. Because of their celebrity status, neither wants the media coverage and public detailing of their private lives that come with official court trials. However, mediation and arbitration efforts have failed as neither party is willing to compromise. Discuss how they can resolve their custody dispute and avoid the publicity issues.
Q:
(p. 77) DSK Construction interacts with many contractors and subcontractors, often for long-term projects. Disputes among the various parties often take a long time to be settled as different parties have different demands. Which method of ADR will help DSK and its contractors prevent disputes before they escalate?
Q:
(p. 79) In negotiated rule making, affected parties can contest a rule established by a rule-making agency.
Q:
(p. 77) Partnering is used when there are only two parties in a dispute about a few issues.
Q:
(p. 78) Drafting of ADR contract clauses is a proactive attempt to ensure that litigation will be avoided should a dispute arise.
Q:
(p. 78) ADR clauses are only beneficial to those parties with the strongest position within a contractual relationship.
Q:
(p. 74) An arbitration hearing can be planned and executed by the parties themselves.
Q:
(p. 74) Med-arb is a process that combines negotiation and mediation to deliver effective results.
Q:
(p. 75) The parties involved in the dispute can use early neutral evaluation to settle a case or proceed to trial.
Q:
(p. 75) Kin and Mai, through their lawyer, present an abbreviated version of their case to a jury in a single day, and obtain an advisory verdict. This is a summary jury trial.
Q:
(p. 75) In a summary jury trial, there is no time limit placed on the parties as this allows them to practice their arguments.
Q:
(p. 76) A private civil trial follows the same rules used in an official trial.
Q:
(p. 70) Proactive ADR increases the likelihood of litigation.
Q:
(p. 71) A criminal law case can be resolved by an ADR panel.
Q:
(p. 72) ADR is intended as a replacement for the legal system.
Q:
(p. 72) Colleagues Sarah and Julia are involved in a dispute and get another colleague, William, to make suggestions about resolving their dispute. This is mediation.
Q:
(p. 73) Mediation always follows the filing of a lawsuit.
Q:
(p. 73) An arbitrator's decision is binding and cannot be appealed in court.
Q:
(p. 70) Arbitration and mediation can be scheduled quickly as compared to litigation.
Q:
(p. 81) Which of the following is a disadvantage of entering into an international arbitration agreement?
A. The parties' choice of legal representation is limited to the forum in which the dispute is to be heard.
B. Local laws of a particular nation may prevent a party from using certain arbitrators.
C. The parties cannot choose the arbitrators who will decide on the case.
D. Using an international arbitration agreement does not allow for uniform enforcement of a judgment across nations.
Q:
(p. 81) The judges on the science court must be:
A. drawn from a sample of people affected by the technology in question.
B. scientists with expertise in the areas under investigation.
C. from government bodies involved in legislation about the subject.
D. lawyers with a scientific background in the subject.
Q:
(p. 69) Litigation is based on an adversarial approach.
Q:
(p. 70) Some jurisdictions require litigants to submit to case management hearings and settlement hearings before they can secure a trial date.
Q:
(p. 78) An ADR contract clause:
A. must specify the ADR technique that the parties will use in the event of a dispute.
B. can merely state that the parties have the option of using an ADR technique.
C. prohibits the parties from resorting to litigation to settle an issue.
D. requires that the parties follow all ADR procedures with a summary trial.
Q:
(p. 79) Which of the following is true of settlement week?
A. The court settles those cases that cannot be resolved through arbitration.
B. Attorneys are required to be present for mediation sessions.
C. All submitted cases are resolved by trial by summary jury.
D. The submitted cases are subjected to private civil trials.
Q:
(p. 79) Which of the following is true of negotiated rule-making?
A. It involves taking a case that has been rejected or dismissed by a domestic court to an international organization.
B. Organizations to be affected by a new rule have input into the writing of that rule.
C. The agency must accept the conclusion that the parties arrive at and implement it.
D. It results in a decision that accommodates the concerns of all parties and does not require any party to compromise.
Q:
(p. 80) Post-appellate procedures:
A. involve taking a case that has been rejected or dismissed by a domestic court to an international organization.
B. refer to a pledge to use arbitration, should the parties find themselves in disagreement as to the enforcement rights under the original contract.
C. are processes by which agencies invite the organizations who will be affected by a new rule to provide input about the writing of that rule.
D. specify that the parties to the agreement have promised to use an alternative dispute resolution technique when a disagreement arises rather than litigating the issue.
Q:
(p. 75) Early neutral evaluation:
A. is an ADR process that combines mediation with arbitration.
B. is a shortened version of a trial conducted in less than a day before an actual jury renders an advisory verdict in the case.
C. is an ADR technique by which the parties hire a retired judge to hear their dispute.
D. is an ADR process in which the parties permit a referee to assess their case on the basis of the facts and legal arguments alone.