What is required to prove defamation against a public figure?

false harmful unprivileged fact said to 3rd party w/ malice

Which correctly lists a case's progress through the state court system?

circuit court-district court of appeals-Supreme Court

Which of these correctly describes a time/place/manner restriction on speech?

regulates conduct but not content

Which is NOT an element of the Lemon test?

policy mentions no religion specifically

What type of cases does the Supreme Court have original jurisdiction over?

cases involving foreign officials, case in which a state is a party

Which correctly lists crimes from most to least severe?

felony, misdemeanor, infraction

What is the burden of proof in a civil case?

by a preponderance of the evidence

Which of these is an example of equitable distribution of assets?

in divorce, each party gets a fair amount of the possessions

What is the difference between arson and vandalism?

arson involves fire, vandalism does not

What are the 4 elements of a negligence claim?

duty, breach, causation, damages

What needs to be shown to get an injunction in contract law?

no other sufficient remedy exists

What does consideration require to be present in a contract?

something of value from both parties

What must be filed in order for a case to be considered by the Supreme Court?

petition for writ of certiorari

What is prosecutorial discretion?

the prosecutor decides whether or not to file charges

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Comprehensive Law EOC

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Questions 40

Answers

1
Which amendment applies due process requirements to the states?
18th
27th
5th
14th
2
What is required to prove defamation against a public figure?
false harmful unprivileged opinion said to 3rd party
false unprivileged statement of fact
false harmful unprivileged fact stated to a 3rd party
false harmful unprivileged fact said to 3rd party w/ malice
3
When is an officer required to tell you your Miranda rights?
when they are frisking you
when they have arrested you
once you've been booked
when you're first stopped
4
What factors are NOT considered in setting bail?
remorsefulness
severity of offense
ties to the community
likelihood of fleeing
5
What is hearsay?
Something the jury hears because a lawyer says it
when a sequestered jury learns about something in the news
any out of court statement
The judge's ability to keep the jury from hearing arguments
6
Which correctly lists a case's progress through the state court system?
city court-county court-state court
judicial court-appellate court-appellate appellate court
district court-court of appeals for a circuit-Supreme Court
circuit court-district court of appeals-Supreme Court
7
What concept did Marbury vs Madison establish?
unenumerated powers of Congress
nolo contendre
stare decisis
judicial review
8
What is the juvenile equivalent of being booked?
intake
being taken into custody
detention
adjudication
9
Which of these correctly describes a time/place/manner restriction on speech?
regulates content and conduct
regulates conduct but not content
there are no restrictions on speech
regulates content but not conduct
10
Which is NOT an element of the Lemon test?
policy mentions no religion specifically
does not foster excessive entanglement of gov't and religion
policy's purpose is secular
primary effect neither advances nor inhibits religion
11
Which case established the exclusionary rule?
Mapp vs Ohio
Tinker vs Ohio
US vs Ballard
Texas vs Johnson
12
Who creates the rules of evidence and sentencing guidelines?
Congress
the American Bar Association
the Supreme Court
a grand jury
13
What needs to be proven in order to get punitive damages?
malice
negligence
recklessness
physical evidence of emotional distress
14
When does trial begin?
filing of the charges
voir dire
after opening arguments
when the jury arrives at the courthouse
15
Which is not a type of unprotected speech?
fighting words
anti-government speech
student speech
obscene speech
16
What type of cases does the Supreme Court have original jurisdiction over?
appellate cases
cases involving a former President
cases involving foreign officials
case in which a state is a party
17
What is the first goal of the juvenile system?
equitable treatment
confinement
rehabilitation
punishment
18
Which correctly lists crimes from most to least severe?
misdemeanor, infraction, felony
felony, misdemeanor, infraction
infraction, misdemeanor, felony
felony, infraction, misdemeanor
19
What is the burden of proof in a civil case?
innocent until proven guilty
by a preponderance of the evidence
nolle prosequi
beyond a reasonable doubt
20
Who prepares the presentencing report?
the jury
counsel
the bailiff
the probation officer
21
Which defense to negligence bars claims when the plaintiff is even 1% negligent?
modified comparative negligence
pure comparative negligence
assumption of risk/consent
contributory negligence
22
Which of these is an example of equitable distribution of assets?
in torts, the P can recover the % they were not negligent
in divorce, each party gets a fair amount of the possessions
in employment law, a company needs the same # of men & women
everything is split 50-50 down the middle in a divorce
23
Which motion is used to block illegal evidence from coming into trial?
motion to dismiss
motion for severance
motion for joinder
motion to suppress
24
What is the difference between arson and vandalism?
vandalism is juvenile, arson is adult
arson involves fire, vandalism does not
arson is destroying property, vandalism is only defacing
vandalism is a state crime, arson is a federal
25
Which of these is not a preliminary crime?
felony murder
solicitation
attempted murder
conspiracy
26
Which is NOT an element of strict scrutiny?
least restrictive means
other mediums available
narrowly tailored
compelling government interest
27
What type of union shop requires workers to join it before being employed?
agency
closed
open
union
28
Which of these is NOT a protected class under Title VII?
race
sex
disability
religion
29
Which of these is NOT an element of false imprisonment?
for longer than 10 minutes
by barriers or use/threat of force
against their will and without lawful privilege
intentional confinement of a person
30
Which type of offer is NOT irrevocable?
offer leading to start performance
offer creating detrimental reliance
option contract
bilateral offer
31
Which of these is the civil equivalent of larceny?
conversion
civil theft
product liability
mitigation
32
What are the 4 elements of a negligence claim?
negligence, claim, damages, settlement
negligence, injury, mediation, acceptance
agreement, breach, punishment, damages
duty, breach, causation, damages
33
What needs to be shown to get an injunction in contract law?
real estate was involved
one party breached the contract
no other sufficient remedy exists
one party has committed a crime
34
Which of these can a landlord do if their tenant breaches a lease?
begin eviction process
lease to a new tenant before addressing the issue with old 1
withhold rent with notice
immediately kick tenant out
35
What does consideration require to be present in a contract?
full performance
money
something of value from both parties
a promise to do something
36
What must be filed in order for a case to be considered by the Supreme Court?
habeas corpus
writ of certiorari
petition for habeas corpus
petition for writ of certiorari
37
What did Texas vs Johnson establish?
students have some Constitutional rights
flag burning is constitutional
assistance of counsel applies in all cases
segregation is illegal
38
Which of these is NOT an element of a valid contract?
equity
legality
acceptance
offer
39
Which of these is NOT covered by the 5th amendment?
double jeopardy
compensation for property taken by the gov't
grand jury indictment
assistance of counsel
40
What is prosecutorial discretion?
the prosecutor can assign a case to any lawyer in a district
the prosecutor decides whether or not to file charges
the prosecutor can choose whether the case starts in the S.C
the prosecutor can make arrests on a whim

Comprehensive Law EOC Flashcards | StudBud