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Law Ed Final Exam Review
Law Ed Final Exam Review
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1
in negligence law, the damage caused must be a "foreseeable result" of the wrongful act in order for Plaintiff to win:
causation in fact
causation in theory
remote cause
proximate cause
2
The person who said he would choose a free press over a functioning government was Thomas Jefferson
True
False
3
making someone fear you're going to hurt them, whether or not you actually do hurt them
battery
assault
4
during which type of police interaction are you free to leave whenever you want?
arrest
investigative detention
stop-and-frisk
consensual encounter
5
hurting or touching someone in an unwanted manner, whether or not they know you're going to hurt them
battery
assault
6
the 5 rights guaranteed by the 1st amendment are religion, press, assembly, speech, and petition the government
False
True
7
a demolition company that uses explosive to blowup a building will be responsible for accidents even if they are careful
strict liability tort
reasonable prudent person standard
negligence
intentional tort
8
which of the following torts is NOT also a crime?
conversion
assault
trespass
intentional infliction of emotional distress
9
the federal government establishes public school systems
False
True
10
the part of the constitution that says state laws cannot violate federal constitution or federal laws and treaties:
supremacy clause
independence clause
bear clause
commerce clause
11
its elements are: (1)duty, (2)breach of duty, (3)causatoin, & (4)damages
negligence
false imprisonment
conversion
homicide
12
which of the following government actions would require discussion of the "free exercise" clause?
government paying the salaries of teachers in religious schools
banning venomous snake-handling in worship services
making Catholicism the official church of the US
sending too many on-duty cops to provide security for a particular church
13
which is NOT one of the reasons school officials have more authority to search inside the school building
less expectation of privacy
can search on suspicion of violation of school rules, in addition to laws
need only reasonable suspicion, not probable cause
teachers are technically deputized cops while on campus
14
the "exclusionary rule" means that if a search & seizure was UNreasonable, the cops cannot use any evidence they found
False
True
15
which of the following are NOT protected classes under US discrimination laws?
religion & gender
age & disability
race & national origin
education level & height
16
in civil law, "damages" are:
money the Plaintiff seeks to make the defendant pay
the length of time the Defendant must spend in jail
how mean the judge is
a tv show starring Glenn Close and Ted Danson
17
a system of sharing powers between national government and state governments:
communism
democracy
federalism
capitalism
18
court case that said cops must tell person being arrested they have the right to remain silent, have an attorney, etc
Samantha v. Arizona
Charlotte v. Arizona
Miranda v. Arizona
Carrie v. Arizona
19
ignorance of the law is a valid defense for an intentional tort
False
True
20
this tort involves: plaintiff owns or possesses an item, defendant gains control of it through a wrongful act
trespass
defamation
conversion
false imprisonment
21
The Plaintiff in a CIVIL case is hoping to put the Defendant in prison
True
False
22
if a person is trying to run away from you and you shoot them, you can still claim self-defense:
True
False
23
Designed to divide responsibility among the 3 branches of government:
checks & balances
separation of powers
Powers Boothe
Balance Beams
24
How can the Supreme Court "check" congressional power?
judicial review
veto
fire Congressmen
nullification
25
printing (coining) money and creating a military are DELEGATED powers that can only be used by the NATIONAL government
True
False
26
when a group of people are treated differently or unfairly because of their membership in a protected group
equality
discriminatoin
equity
demarcation
27
restriction of free speech that prohibits putting signs on traffic lights is allowed because of
obscenity
time, place, and manner
defamation
fighting words
28
a Defendant can be sued for assault even if the Plaintiff was asleep when it happened
False
True
29
the concept that no one is above the law and everyone must obey the laws
rule of law
checks and balances
majority rule
separation of powers
30
the intentional confinement of another person against his or her will:
conversion
defamation
trespass
false imprisonment
31
Designed to keep any one branch of government from becoming too powerful:
Twitter Blue
separation of powers
Austin Powers
checks & balances
32
the federal level judicial branch is called:
Municipal Court
US supreme Court
Crunchwrap Supreme court
State Supreme Court
33
the phrase "right to privacy" is found in the 8th Amendment
False
True
34
to officially reach a guilty/not guilty verdict in a criminal trial, the decision must be UNANIMOUS (all members agree)
True
False
35
if you are arrested, the government must follow certain procedures to ensure fairness. This is called:
open carry
fairness doctrine
impartial judges
due process
36
RESERVED POWERS are powers that belong to:
state government
local government
Digital Underground
federal government
37
the local level executive is called:
Little Lord Fauntleroy
mayor
president
governor
38
latin term for "guilty state of mind"
veni vide vici
mens rea
voir dire
res ipsa loquitur
39
only the US Congress can create new states
True
False
40
a batter in a baseball game cannot sue the pitcher if he is injured by a pitch because of the defense of:
comparative negligence
contributory negligence
counterclaim
assumption of risk
41
dangerous condition that may lure a child to come near becuase he is unaware of the danger is an "attractive nuisance"
False
True
42
what topic based on right to privacy did the Supreme Court decide on in Roe v. Wade?
abortion
school segregation
obscene materials
slavery
43
this tort occurs when a defendant prevented the use of plaintiff's property but never actually entered the property
injuntion
conversion
nuisance
trespass
44
powers that can be used by both state and federal governments
reserved
expressed
delegated
concurrent
45
EXPRESSED POWERS are powers that belong to:
local government
state government
federal government
Wu-Tang Clan
46
the right against self-incrimination in a criminal investigation means:
you can't be forced to testify against your friend
you can't be forced to testify against yourself
you can't be forced to testify against your siblings or parents
you can't be forced to testify against your spouse
47
political speech is the type of speech MOST protected by the first amendment
False
True
48
The State level Executive Branch is called:
president
governor
mayor
Wreck-It Ralph
49
the state level legislative branch is called:
State House and Congress
City Council
Avengers, Assembly
US Congress
50
collecting taxes is a concurrent power
False
True
51
which of the following is NOT one of the first amendment's clauses dealing with freedom of religion?
free exercise clause
supremacy clause
establishment clause
52
the property crime of setting something on fire
fraud
arson
robbery
burglary
53
stealing a laptop from the school is a CYBERCRIME
True
False