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Law
Q:
Discuss the differences between substantive due process and procedural due process.
Q:
Briefly explain the role of the Equal Protection Clause.
Q:
Articles IV and VI, as well as the 14th Amendment, address the relationship between the federal government and the states.
Q:
The Constitution protects citizens from purely private concentrations of power, such as large corporations.
Q:
Describe the exclusionary rule, its purpose, and the major criticism of its usage.
Q:
What are the issues arising under the IV Amendment search and seizure rules?
Q:
Explain in detail the three broad classes of regulatory takings.
Q:
Which of the following classes of regulatory takings involves situations where government may take a portion of a piece of property in order to expand roads, install a bike path, or establish a buffer zone?
A. Partial takings
B. Exactions
C. Total takings
D. Mitigations
Q:
Which of the following is true regarding the Due Process Clauses?
A. They give Congress the power to regulate commerce.
B. The Due Process Clause of the 14th Amendment applies to the states.
C. They provide for the supremacy of federal law over state law.
D. The Due Process Clause of the Fifth Amendment sets up the executive branch, headed by the president.
Q:
By judicial interpretation, the 14th Amendment Due Process Clause:
A. prohibits the taking of private property for public use without just compensation for the owner.
B. gives Congress the power to regulate commerce.
C. absorbs the fundamental liberties of the federal Constitution and prohibits state laws that abridge fundamental liberties.
D. forbids the establishment of an official state religion and undue state interference with religious practice.
Q:
Which of the following means that the government must provide notice and a fair hearing before taking an action affecting a citizens life, liberty, or property?
A. The Supremacy Clause
B. Regulatory taking
C. The exclusionary rule
D. Procedural due process
Q:
Give a brief account of the creation of the Constitution of the United States.
Q:
Explain the purposes of the U.S. Constitution.
Q:
In the context of animal cruelty, explain with an example why the law was limited to obscene crush videos?
Q:
The _____ provides that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause.
A. Fourth Amendment
B. Fifth Amendment
C. First Amendment
D. Second Amendment
Q:
Which of the following is true of the Warrant Clause of the Fourth Amendment?
A. It protects commercial buildings as well as private homes from unauthorized searches.
B. It prohibits the taking of private property for public use without just compensation for the owner.
C. It protects the right of the people to keep and bear arms.
D. It forbids the government to deprive citizens of life, liberty, or property without due process of law.
Q:
Which of the following statements about the Fifth Amendment is true?
A. It guarantees individual Americans a fundamental right to bear arms.
B. It forbids the establishment of an official state religion and undue state interference with religious practice.
C. It prohibits the taking of private property for public use without just compensation for the owner.
D. It provides the right for people to be secure in their houses against unreasonable searches and seizures shall not be violated.
Q:
If a governmental body takes all of the economic value of a property or permanently physically invades the property, the taking requires just compensation unless the government is preventing a nuisance, or the regulation was permissible under property law at the time of the purchase of the property. This type of regulatory taking is referred to as _____.
A. mitigation
B. partial taking
C. total taking
D. exaction
Q:
A situation where the government allows land development only if the owner dedicates some property interest is called a(n) _____.
A. exaction
B. accommodation
C. total taking
D. partial taking
Q:
A regulatory taking where the government allows land development only if the owner dedicates some money to the government is called a _____.
A. total taking
B. ramification
C. partial taking
D. mitigation
Q:
Which of the following is true of the First Amendment?
A. It forbids the government to deprive citizens of life, liberty, or property without due process of law.
B. It prohibits the taking of private property for public use without just compensation for the owner.
C. It forbids the establishment of an official state religion and undue state interference with religious practice.
D. It provides the right of the people to be secure in their houses against unreasonable searches and seizures shall not be violated.
Q:
Which of the following statements about freedom of speech is true?
A. Freedom of speech is absolute.
B. Freedom of speech is protected under the Second Amendment.
C. The state can regulate the context of speech.
D. The state can regulate the content of our speech.
Q:
Which of the following is true of the Bill of Rights?
A. It consists of 17 amendments (11 through 27), which were adopted at various times from 1798 to 1992.
B. The Bill of Rights serves to enhance the powers of the federal government and the states.
C. The Bill of Rights protects our personal freedoms from encroachment by the federal government.
D. It is a commercial document reflecting the economic interests of framers.
Q:
The _____ provides that, as a matter of due process, no evidence secured in violation of the Fourth Amendment may be admitted as evidence in a court of law.
A. mailbox rule
B. contract bar rule
C. choice of law rule
D. exclusionary rule
Q:
Compare and contrast mediation with arbitration as alternative dispute resolution processes.
Q:
In the context of federalism, which of the following is a view held by liberals?
A. They hold that federal government has often exercised authority beyond its express constitutional powers.
B. They hold that each state is entitled to make its own policy decisions about crucial matters such as slavery.
C. They distrust big government and favor bringing power closer to the people.
D. They favor a more unified national approach to issues such as regulation of business, educational policy, medical care, and civil rights.
Q:
Which of the following refers to federalism?
A. The Constitutions provision for shared power among national, state, and local governments
B. The principle that federal laws are supreme if a conflict between a federal and state law arises.
C. The principle that the government cannot take private property without paying just compensation
D. The provision for the protection of personal freedoms of speech and religion from encroachment by the government
Q:
_____ is a tool frequently used by courts, where the judges must try to weigh the interest of the states against the expressive rights of the individual.
A. The balancing test
B. The exclusionary rule
C. Ad quod damnum
D. Erga omnes
Q:
Addressing two long-standing sources of constitutional ferment, three-judge panels of the
Ninth U.S. Circuit Court of Appeals in 2010 ruled that the use of the words Under God in the Pledge of Allegiance and In God We Trust on U.S. currency do not violate the separation of church and state principles of the _____.
A. First Amendment
B. Second Amendment
C. Fourth Amendment
D. Eighth Amendment
Q:
Which of the following is true of panhandling?
A. Begging for money on the street does not constitute expression.
B. The context of panhandling does not affect its constitutionality.
C. The content of begging is not restricted.
D. Courts do not permit restraints on aggressive panhandling.
Q:
How can a student use case briefs to master the law? Explain.
Q:
Distinguish between civil law and criminal law.
Q:
Discuss the circumstances under which a state court will have in personam jurisdiction over a person.
Q:
Describe the components of discovery that may be used to aid the litigation process.
Q:
Explain in brief the role and function of a small claims court.
Q:
In the context of law and equity, explain the evolution of courts of equity.
Q:
Which of the following statements is true about alternative dispute resolution (ADR)?
A. ADR is more formal and more adversarial than the judicial process.
B. ADR costs more and is more time consuming than litigation.
C. The parties in an ADR are always encouraged to keep the dispute public.
D. The parties in an ADR can choose when and where the dispute will be heard.
Q:
Which of the following is true of arbitration?
A. In arbitration a neutral third party is introduced into a resolution process, with the arbitrator as a facilitator, not a decision maker.
B. In arbitration a neutral third party is given the power to determine a binding resolution of a dispute.
C. An arbitrator is only allowed to aid the involved parties by opening up communication between them.
D. An arbitrators proposed solution is in the nature of a compromise, not a determination of right and wrong.
Q:
Which of the following is true of private trials?
A. Private trials are expensive and time consuming.
B. In a private trial, the responsibility of hiring a retired judge and jurors is taken by a third party such as a mediation firm.
C. Private trials are more formal and more adversarial than the judicial process.
D. In a private trial, a neutral third party is given the power to determine a binding resolution of the dispute.
Q:
Which of the following is true of a mini-trial?
A. It is presided over by a third party who may be expected to issue a nonbinding opinion as to the likely result were the case to be litigated.
B. It is also labeled rent-a-judge.
C. It is mandatory and binding.
D. It is the preferred dispute resolution mechanism for employee complaints such as discrimination or harassment.
Q:
What are the objectives of law in society?
Q:
During a trial, after a plaintiffs attorney completes direct examination of a witness, the defense attorney may question that witness in a process labeled _____.
A. negotiation
B. cross-examination
C. mediation
D. arbitration
Q:
Which of the following is true about mediation?
A. The involved parties generally devise their own solution, with the mediator as a facilitator, not a decision maker.
B. The mediators decision is legally binding, although in some cases, such as labor disputes, it may be appealed to a court.
C. The involved parties present proofs and presentations, and hence it is procedurally more formal than arbitration.
D. The mediators proposed solution is a determination of right or wrong rather than a compromise.
Q:
Which of the following statements is true about mini-trials?
A. The outcomes of mini-trials are obligatory and binding.
B. In a mini-trial, each organization involved in a dispute presents its version of the case to a panel of senior executives from each organization.
C. Mini-trials generally exclude neutral third parties in the resolution process.
D. The parties cannot legally formalize any agreement reached in a mini-trial and must appeal for resolution to the formal judicial system.
Q:
In the civil trial process, _____ are the documents by which each party sets his or her initial case before the court.
A. voir dires
B. demurrers
C. arraignments
D. pleadings
Q:
In the context of the civil trial process, a defendant may choose to respond to a complaint in favor of the plaintiff by filing a(n) _____, the essence of which is to argue that even if the plaintiffs recitation of the facts is accurate, a claim on which relief can be granted has not been stated.
A. complaint
B. demurrer
C. pleading
D. arraignment
Q:
In the civil trial process, in response to a complaint the defendant may file with the court an initial pleading, called a(n) _____, wherein the defendant enters a denial by setting out his or her version of the facts and law, or in which the defendant simply concedes the validity of the plaintiffs position.
A. jeopardy
B. demurrer
C. interrogatory
D. answer
Q:
Which of the following is true of a motion for a summary judgment?
A. The party filing such a motion is claiming that no facts are in dispute.
B. In a hearing for such a motion, the court cannot hear evidence from affidavits, depositions, and so on.
C. In a hearing for such a motion, the judge must take the case to trial to make a ruling about the law.
D. The judge will reach a decision for this type of motion only if the plaintiffs claim clearly has a foundation in law.
Q:
In a jury trial, the jurors in a panel are questioned by the judge or by the attorneys to determine if any individual is prejudiced about the case such that he or she could not reach an objective decision on the merits. This questioning process is called _____.
A. interrogatory
B. mens rea
C. voir dire
D. mini-trial
Q:
Which of the following forms of jurisdiction imposes bounds on the classes of cases a court may hear?
A. In personam jurisdiction
B. In rem jurisdiction
C. Subject-matter jurisdiction
D. Franchise jurisdiction
Q:
To receive a courts attention, a litigant must demonstrate _____. That is, the person must show that her or his interest in the outcome of the controversy is sufficiently direct and substantial as to justify the courts consideration.
A. standing to sue
B. voir dire
C. double jeopardy
D. in rem action
Q:
In a civil trial process, a civil action begins when a plaintiff files his or her first pleading, which is labeled a _____.
A. motion to dismiss
B. motion for summary judgment
C. demurrer
D. complaint
Q:
For felony cases, after an indictment or information, the accused individual is brought before the court for _____, where the charges are read and a plea is entered.
A. arraignment
B. conviction
C. voir dire
D. demurrer
Q:
Which of the following best describes treason?
A. It is a rule under which a person cannot be prosecuted twice in the same tribunal for the same criminal offense.
B. It is a highly serious crime such as murder, rape, and robbery.
C. It is the special situation in which one levies war against the United States or gives aid and comfort to its enemies.
D. It is the method of bringing charges before a grand jury of citizens to determine whether the charges have sufficient merit to justify a trial.
Q:
In the context of the federal court system, virtually all parties seeking Supreme Court review must petition the Court for a _____, which commands the lower court to forward the trial records to the Court.
A. writ of mandamus
B. writ of attachment
C. writ of elegit
D. writ of certiorari
Q:
Which of the following statements is true about public law?
A. Contracts are a traditional business law topic in the public law category.
B. Constitutional, criminal, and administrative law fall in the public law category.
C. It regulates the legal relationship among individuals.
D. It treats agency as a chief business law topic.
Q:
Identify the category of law that deals with the relationship between government and the citizens.
A. Public law
B. Administrative law
C. Constitutional law
D. Private law
Q:
Which of the following statements is true about the doctrine of stare decisis?
A. It makes the law unstable and unpredictable.
B. It expects judges to mandatorily follow precedent while making decisions.
C. It offers the wisdom of the past and enhances efficiency.
D. It mandates that every case be resolved as though it were the first of its kind.
Q:
Identify the true statement about felonies.
A. They include crimes such as petty theft and disorderly conduct.
B. They are typically punishable by fine or by imprisonment for no more than one year.
C. They are special situations in which one levies war against the United States or gives aid and comfort to its enemies.
D. They are typically punishable by death or by imprisonment in a federal or state penitentiary for more than one year.
Q:
_____ is an element of crime that refers to evil intent.
A. Mens rea
B. Actus reus
C. Stare decisis
D. In rem action
Q:
For felony cases, the criminal procedure begins with the prosecuting officials either filing an information or seeking a(n) _____ by bringing their charges before a grand jury of citizens to determine whether the charges have sufficient merit to justify a trial.
A. arraignment
B. indictment
C. appeal
D. demurrer
Q:
_____, one of the primary sources of U.S. law, prescribe the general structure of governments and provide protection for individual rights.
A. Cases
B. Regulations
C. Statutes
D. Constitutions
Q:
In the context of case briefs, _____ refers to noting the central question or questions on which a case turns.
A. issue
B. holding
C. reasoning
D. procedure
Q:
Which of the following statements accurately describes substantive laws?
A. They create, define, and regulate legal rights and obligations.
B. They include the judicial system and the rules by which it operates.
C. They encompass questions of where to hear a case, what evidence to admit, and which decisions can be appealed.
D. They embrace the systems and methods available to enforce the rights specified in procedural law.
Q:
Which of the following categories of law regulates the legal relationship among individuals?
A. Public law
B. Administrative law
C. Constitutional law
D. Private law
Q:
Alternative dispute resolutionparticularly arbitrationis often the required dispute resolution mechanism for employee complaints such as discrimination or harassment.
Q:
An arbitrators decision ordinarily is legally binding and final.
Q:
According to Frederich von Hayek, law that secures _____ rights in modern society is a prerequisite to private enterprise.
A. personal
B. property
C. private
D. perpetual
Q:
Generally, after a judgment is rendered, the appeals court tries a case again and hears new evidence.
Q:
In the context of alternative dispute resolution (ADR), arbitration is procedurally less formal than mediation but more formal than court adjudication.
Q:
Mini-trials are voluntary and nonbinding.
Q:
Felonies are less serious crimes, such as petty theft, disorderly conduct, and traffic offenses.
Q:
Supreme Court justices are appointed by the Senate.
Q:
Jurisdiction refers to a courts power and authority to hear a dispute.
Q:
Federal question jurisdiction requires an amount in controversy exceeding $75,000.
Q:
A mere interest in the problem at hand is sufficient to grant standing to sue.
Q:
In the context of the civil trial process, a counterclaim is the defendants assertion of a claim of action against a codefendant.
Q:
In a motion for a judgment on the pleadings, either party simply asks the judge to reach a decision based on the information in the pleadings.
Q:
Substantive laws include the judicial system and the rules by which it operates.
Q:
Appellate opinions are generally published in volumes called reporters.