national LAW304 midterm

| August 31, 2016

Question

Question 1.1.Court decisions and statutes can take away rights created by the United States Constitution. (Points : 1)

True

False

Question 2.2.The right to be secure against unreasonable searches and seizures conducted by the police is guaranteed by state statute. (Points : 1)

True

False

Question 3.3.E-mail accounts of employees that are created through their employer are private only if there is a door that can be closed to ensure others can not see the screen. (Points : 1)

True

False

Question 4.4.The group of time-honored rules that courts have used to solve similar problems for decades is called stare decisis. (Points : 1)

True

False

Question 5.5.State legislatures, not Congress, enact statutory law. (Points : 1)

True

False

Question 6.6.Treaties made by the United States are not deemed part of the law. (Points : 1)

True

False

Question 7.7.Law may be classified in terms of principles of law and principles of equity. (Points : 1)

True

False

Question 8.8._____________ is a body of principles that establishes the structure of a government and the relationship of that government to the people. (Points : 1)

A constitution

State statute

Stare Decisis

The common law

Question 9.9.Laws can be classified in terms of: (Points : 1)

Roman and English law.

substantive and procedural law.

law and equity.

all of the above.

Question 10.10.Administrative regulations: (Points : 1)

are essentially industry advisories.

are case-law precedents.

have the force of statutes.

are Constitutional principles.

Question 11.11.Interpretations of aspects of the right to privacy are often found in: (Points : 1)

statutes.

customs.

societal guidelines.

none of the above.

Question 12.12.Courts have taken the position that E-mail accounts of employees created through their employer are: (Points : 1)

private under all circumstances.

private only if the employee so designates at the beginning of the message.

not private.

not private unless the employee has ensured no one else is present.

Question 13.13.A probate court is an example of a general trial court. (Points : 1)

True

False

Question 14.14.The United States Supreme Court can never function as a court of original jurisdiction. (Points : 1)

True

False

Question 15.15.The federal courts system consists of _________ level(s) of courts. (Points : 1)

one

two

three

four

Question 16.16.Criminal laws: (Points : 1)

vary from state to state.

are the same from state to state, except in the area of computer crimes.

are the same from state to state, except in the area of white-collar crimes.

none of the above.

Question 17.17.A person who did not necessarily commit the crime can still be held criminally responsible for acts committed by others _______________. (Points : 1)

only for crimes committed outside the United States.

only when the person who actually comitted the crime is a supervisor.

only when the crime committed is considered a white-collar crime.

none of the above.

Question 18.18.Racketeering is defined as: (Points : 1)

using money to influence public officials.

using money to influence employees of competitors.

using money derived from illegal activities to invest in legitimate business.

using money to influence foreign officials.

Question 19.19.A computer crime generally requires that: (Points : 1)

the criminal possess a computer.

the victim possess a computer.

the criminal have some knowledge of computers.

the victim’s computer was used in a crime.

Question 20.20.The Fourth Amendment to the U.S. Constitution’s protection against unreasonable searches applies to: (Points : 1)

personal homes only.

businesses only.

both homes and businesses.

none of the above.

Question 21.21.An act that is a felony in one state will necessarily be a felony in another state because of the U.S. Constitution. (Points : 1)

True

False

Question 22.22.Because a corporation is not a human being, it cannot be convicted of a crime. (Points : 1)

True

False

Question 23.23.”Mental state” does not require an awareness of guilt. (Points : 1)

True

False

Question 24.24.A RICO action would not be appropriate to use against antiabortion protestors. (Points : 1)

True

False

Question 25.25.Shipping mislabeled food across state lines is a violation of federal law. (Points : 1)

True

False

Question 26.26.Motive is an essential element of tort liability. (Points : 1)

True

False

Question 27.27.Professionals have a duty to perform their functions at the same level as would a reasonable person. (Points : 1)

True

False

Question 28.28.Where the lawsuit is based on negligence, the defendant has the burden of proving himself or herself free of committing negligent conduct. (Points : 1)

True

False

Question 29.29.The degree of care required of a person is: (Points : 1)

that which a person exercised in that situation.

that which an extraordinary person would exersise under similar circumstances.

that which an ordinarily prudent person would exercise under similar circumstances.

none of the above.

Question 30.30.If the plaintiff has either engaged in or refrained from actions that are at least partially to blame for the injuries received, what negligence has occurred? (Points : 1)

Criminal.

Contributory.

Personal.

Prejudicial.

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