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Law
Q:
The Supreme Court cited the Supremacy Clause when it ruled the Civil Rights Act of 1964 was constitutional.
Q:
Probable cause is;
A) sufficient evidence that it is more likely than not that the allegations are true, and the standard of proof for conviction in a criminal case.
B) sufficient evidence that it is very likely that the allegations are true and the standard required for the issuance of a search warrant.
C) sufficient evidence from which a reasonable person could conclude that the allegations are true and the standard of proof for conviction in a civil case.
D) sufficient evidence from which a reasonable person could conclude that the allegations are true and the standard required for the issuance of a search warrant.
E) the general suspicion that we all have about our neighbors.
Q:
You respond to a "work from home" online ad. Under your work arrangement, your employer remotely operates your computer and pays you for the computer time. You think it's a great gig until the FBI comes to your door and asks to see your computer's hard drive. Your best defense is:
A) Explain that you are merely working a part-time job and have no criminal intent, but you will cooperate fully with the investigation as long as you have your attorney to advise you.
B) Tell the FBI to go away and come back when they have a warrant.
C) Lie and say you don"t have a computer.
D) Tell the FBI that you really are a Nigerian prince with millions of dollars to move to the U.S. so you aren"t lying to all those people.
E) all of the above
Q:
The Supremacy Clause states that the Constitution is the supreme law of the land.
Q:
Which of the following examples would be violation of the right to be free from unreasonable searches and seizures?
A) A police officer is searching an office computer owned by an accounting firm for kiddie porn. He does not have a warrant, but he has permission from the president of the accounting firm to do so.
B) A police officer bags a severed bloody finger that she found in your basement after obtaining a warrant to search your home as part of a murder investigation in which you are the prime suspect.
C) A police officer enters Apartment B with a valid warrant in search of an escaped convict who may be hiding there.
D) A thermal imaging device is aimed at a home by police officers who could not convince a judge to sign a warrant, as they try to detect heat lamps used to grow marijuana.
E) A police officer pulls over a speeding vehicle and notices that the driver has a bag of cocaine sitting on his dashboard. The officer arrests the driver on a drug charge.
Q:
Forensic accounting may be a useful investigative tool for which of the following crimes?
A) arson
B) embezzlement
C) insurance fraud
D) burglary
E) A, B, and C only
Q:
The Preemption Doctrine holds that federal law takes precedence over state and local laws.
Q:
Susan carries a loaded gun because she has been stalked by a stranger for months. She arrives at another woman's house to discuss their mutual relationship with Stan, a former football player. While talking, Stan arrives. An argument among the three ensues, and Stan follows Susan to her car, shouting at her as she retreats. Stan then heads for his car, where Susan knows he keeps a gun. Susan takes her handgun out of her purse and fires what she calls a warning shot into the air as she drives off. The bullet hits him in the buttocks. Stan dies three days later when the surgeons at a hospital miss the fact that the bullet severed an artery. Susan is arrested and charged with murder. Discuss any defenses she may have available.
Q:
Which of the following are ways a prosecutor can prove property in the defendant's possession belongs to the victim?
A) The victim attests that the property belongs to him/her.
B) The victim produces receipts showing where and when the item or items were purchased.
C) The victim provides serial numbers, model numbers, or other identifying information about the items.
D) The victim provides an insurance inventory that includes the items.
E) all of the above
Q:
Federal courts may declare laws to be unconstitutional.
Q:
Jenny unknowingly drinks a glass of punch spiked with an illicit drug and alcohol. She has never touched a drop of alcohol until today. She has a car accident while under the influence and seriously injures a pedestrian. What defense does she have available and what will she have to prove?
Q:
Cyber crimes differ from mail fraud crimes, in that:
A) the contact is over the Internet and not through the mail.
B) the FBI only tracks cyber crimes.
C) the perpetrator is more likely to be outside the U.S.
D) A and C. only
E) A, B, and C.
Q:
The Senate chooses federal judges.
Q:
Discuss what efforts you can take to protect private property while you are not on the premises.
Q:
Identity theft occurs when:
A) an illegal immigrant uses false documents to obtain work in the U.S.
B) a hacker obtains social security numbers or credit card account numbers, with the intent to use them to impersonate the rightful owner.
C) a hacker obtains social security numbers or credit card account numbers, with the intent to sell the information on the black market.
D) a hacker obtains social security cards just to prove he can, but has no intention of using them to make money.
E) A, B, and C.
Q:
When the Supreme Court decides to hear a case it grants a writ of certiorari.
Q:
Jack was diagnosed with a serious mental illness as a teen and has been taking powerful anti-psychotic drugs for five years. When his prescription coverage was cancelled at work, he stopped taking the drugs. He then went on a rampage, killing two elderly women. He was arrested and charged with capital murder. What possible defense does he have available and what would you have to show to make a case?
Q:
Graffitti:
A) is always a summary offense.
B) is always a misdemeanor.
C) is always a felony.
D) may be a summary offense or a misdemeanor, depending on the amount of property damage.
E) may be a misdemeanor or felony, depending on the amount of property damage.
Q:
The U.S. Supreme Court sits atop the federal judiciary system.
Q:
The postal inspector general conducts a child pornography sting operation in which seized mailing lists are used to send catalogs of child pornography videos to those on the list. Those who order from the catalog are arrested and charged with possession of child pornography. How would you use the entrapment defense in this case?
Q:
Defacing property is also known as:
A) criminal mischief.
B) malicious mischief.
C) arson.
D) theft.
E) A and B.
Q:
Summary offenses often result in jury trials.
Q:
The _____________ defense may be used when a person in good faith relied of an interpretation of law from a person charged with administering the law.
Q:
Under the Brady Handgun Violence Prevention Act:
A) handgun purchasers must undergo a background check through the National Instant Criminal Background Check System (NICS)
B) handgun purchasers who have already had a background check to obtain a concealed carry permit do not need to undergo a (NICS) check.
C) gun collectors selling guns from their private collection are not required to run a background check on gun purchasers.
D) A, B, C, and D.
E) none of the above
Q:
Most traffic violations are misdemeanors.
Q:
The _____________ defense may be used when a defendant honestly believes something to be true when it isn"t.
Q:
Embezzlement differs from other types of theft because:
A) it does not involve entering the property of another.
B) it is not a crime in all states.
C) prosecutors do not have to prove the thief took and carried away the property.
D) the thief does not use force.
E) all of the above
Q:
The terms tortfeasor and criminal are interchangeable.
Q:
The _________ defense may not be used to justify murder.
Q:
Arson is:
A) responsible for about 5,000 fires per year.
B) tracked by the FBI.
C) almost always committed by juveniles.
D) at crime in which most cases are solved, with a clearance rate of over 90%.
E) all of the above
Q:
Civil law protects public rights.
Q:
The concept that a conflict that was not life threatening escalates to life threatening levels is ___________________.
Q:
The crime of burglary:
A) is based on the tort of trespass.
B) requires the perpetrator to illegally enter the property of another.
C) requires that the perpetrator intend to commit a felony once inside.
D) requires the perpetrator to commit a felony once inside.
E) A, B, and C only.
Q:
According to Blackstone, an act that is mala prohibita is prohibited because society has decided to criminalize that behavior.
Q:
The act of removing oneself from a conflict is _______________.
Q:
Gerome has two checking accounts at two banks across town from each other. Gerome is paid on Fridays. On Wednesday, he must pay his electric bill. He has no money in either account and knows it. He deposits a check drawn on Bank A into Bank B and writes a check for the electric bill on Bank B. On Thursday, he deposits a check drawn on Bank B into Bank A. On Friday, he deposits his paycheck in Bank B. The check is more than enough to cover the electric bill check and the previous deposits and no checks bounced. Gerome may have committed the crime of:
A) check kiting.
B) counterfeit check writing.
C) creative finance.
D) check alteration.
E) no crime, as the checks were all good by the time they cleared.
Q:
According to Blackstone, an act that is mala in se is bad in and of itself.
Q:
The level of force intended to cause death or is likely to cause death is ________________.
Q:
Mandy visits her mother's house and sneaks a cigarette in the bathroom. She drops the cigarette in the garbage can and leaves the house. The house subsequently burns to the ground. Mandy may have committed the crime of:
A) arson.
B) felonious arson.
C) negligent arson.
D) stupidity.
E) Mandy did not commit a crime, because she lacked the intent to burn the house down.
Q:
Durkheim's beliefs form the basis of the Command School.
Q:
The level of force used to subdue a criminal or prevent a crime without risking death is __________________.
Q:
Jack, who is separated from his wife, is locked out of his marital house because he lost his keys. He is still an owner of the house. He breaks open a window in broad daylight to enter and retrieves some of his belongings. While inside, he sees a new purchase by his wife and becomes incensed at the thought that she is lavishing money on herself while he must rent a small efficiency apartment to make ends meet. He takes the new purchases and gives them to his new girlfriend. He is arrested and charged with burglary. What possible defenses does he have?
A) He did not commit burglary because he did not enter under cover of darkness.
B) He did not commit burglary because he owns the house.
C) He did not enter with the intent to commit a felony.
D) Both A and B
E) Both B and C
Q:
The Natural Law School of jurisprudence believes the law is a combination of social traditions and customs.
Q:
______________ give residents the right to defend their property and persons within that property from intruders including through the use of deadly force.
Q:
You are a municipal tax collector. You keep some of the tax money you collect. What type of theft have you committed?
A) Theft by deception
B) Looting
C) Retail theft
D) Theft by failure to make required disposition of funds received
E) Pickpocketing
Q:
Different theories of law are called jurisprudence derivatives.
Q:
___________________ is the use of force to protect oneself from death or imminent bodily harm at the hands of an aggressor.
Q:
Which of the following are examples of retail theft?
A) A person hiding an item under his coat and walking out of the store without paying for it.
B) A person altering the price on an item in an attempt to fool the cashier.
C) A retail employee taking an item out of the store in her Mickey Mouse lunchbox.
D) A, B and C
E) none of the above
Q:
The philosophy of law is referred to as jurisprudence.
Q:
A legal excuse for committing an act that otherwise would be a tort or a crime is a _______________.
Q:
The crime of theft requires:
A) the taking and carrying away of personal property.
B) that the personal property belongs to another.
C) the intent to permanently deprive the true owner of personal property.
D) none of the above
E) A, B, and C
Q:
Stare decisis requires judges to follow the precedent set in an earlier similar case.
Q:
The fact that a person was wrongfully threatened and was not intentionally involved in the situation is one condition of the duress defense.
Q:
Eminent Domain is:
A) the concept that government can take property from private property owners under certain limited circumstances.
B) a rap single by Eminem in which the rapper criticizes his former wife's housekeeping.
C) the concept that government can never take private property.
D) the seizure by private citizens of government land.
E) none of the above
Q:
Stare decisis is not a part of the common law system.
Q:
The fact that a person was wrongfully threatened and the harm threatened was greater than the harm produced by the crime committed is one condition of the duress defense.
Q:
When you rent a beach house to a tenant for a week, you give that tenant:
A) fee simple ownership rights.
B) privacy rights.
C) leasehold rights.
D) tenants by the entireties rights if they rent the entire property.
E) tenants-in-common rights since they temporarily hold ownership rights in common with you.
Q:
English Common Law was developed so that the law was common to everyone
Q:
The fact that a person was wrongfully threatened and the threat was immediate and could not be escaped is one condition of the duress defense.
Q:
Since September 11, 2001, video surveillance has become much more widespread. The increased surveillance benefits law enforcement, but does it infringe on personal liberties?
Q:
Due to the nature of the common law system, the law is inflexible.
Q:
The fact that a person was wrongfully threatened with serious bodily harm or death, to the person or an immediate family member, is one condition of the duress defense.
Q:
How does cyber-bullying play into cyber crime? Is it just free speech? Where does it cross the line into cyber crime? Write a short essay on these issues.
Q:
Laws are enforced by all citizens.
Q:
The fact that a person was wrongfully threatened by another person to perform an act she otherwise would not have performed is one condition of the duress defense.
Q:
Does hate crime legislation violate the First Amendment? Why or why not? Write a short essay expressing your views on the subject.
Q:
Written rules that allow a society to operate are its laws.
Q:
A person can justify the use of force in the defense of others.
Q:
Describe the difference between simple assault and aggravated assault, listing the elements of each crime.
Q:
Public Defenders:
A) defend prosecutors against charges of misconduct.
B) defend indigent defendants against the state.
C) must be licensed attorneys.
D) can be found at state and federal levels.
E) B, C, and D.
Q:
Under "stand your ground" laws, homeowners do not have to retreat even if the intruder is leaving.
Q:
Describe the difference between simple robbery and armed robbery, listing what elements the prosecutor must prove to get a conviction for each. Additionally, what elements must a prosecutor prove to get a longer sentence?
Q:
To be an attorney, a person must:
A) earn a Juris Doctor degree from a law school.
B) pass a state-sponsored bar examination.
C) meet the moral and fitness for practice standards set by the state.
D) pass an oral examination from a judge.
E) A, B, and C.
Q:
A person who becomes insane while in prison will be sent to a mental hospital for the remainder of his jail term.
Q:
The crime of taking and detaining a person against his will by force, intimidation, or fraud is ______________.
Q:
Which of the following is NOT a source of American law:
A) the U.S. Constitution
B) the Bill of Rights
C) treaties
D) Common Law
E) the European Union Convention on Human Rights.
Q:
A person who becomes insane just prior to execution cannot be executed.
Q:
The crime where a person requests or encourages another to perform a criminal act is ______________.
Q:
Every state in America has the common law as the basis for its legal system except:
A) Pennsylvania
B) Hawaii
C) Louisiana
D) Alaska
E) California
Q:
A person deemed incompetent to stand trial can be held in jail indefinitely.