LEGL 3000 - EXAM 1

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Chapter 1,2,4,6

The Constitution expressly excludes state regulation of commerce.

FALSE

Generally, government inspectors have the right to enter business premises without a warrant.

FALSE

The First Amendment protects obscene speech.

FALSE

The First Amendment does not protect commercial speech as extensively as noncommercial speech.

TRUE

There is a specific guarantee of a right to privacy in the Constitution.

FALSE

The First Amendment requires a complete separation of church and state.

FALSE

A state law that treats nonresidents different from residents may violate the privileges and immunities clause.

TRUE

A law that has any impact on religion is unconstitutional.

FALSE

Pretexting is the process of obtaining information by false means.

TRUE

Preemption is a doctrine under which a state law takes precedence over a conflicting federal law.

FALSE

A law that limits only some persons' exercise of a fundamental right is valid under any circumstances.

FALSE

Some constitutional protections apply to business entities.

TRUE

The First Amendment does not protect corporate political speech.

FALSE

The establishment clause of the U.S. Constitution prohibits the federal government from promoting a religion.

TRUE

Under their police powers, states can regulate private activities to protect or promote the public order, health, safety, morals, and general welfare.

TRUE

Congress may tax some states and exempt others.

FALSE

Under the U.S. Constitution, each branch of government limits some actions of the other branches.

TRUE

The full faith and credit clause ensures that rights established under a contract in one state are honored by other states.

TRUE

The state governments retain all powers not specifically delegated to the federal government.

TRUE

A law that regulates economic matters violates the equal protection clause.

FALSE

How judges apply the law to specific disputes may depend in part on their personal philosophical views.

TRUE

A substantive law creates or defines legal rights and obligations.

TRUE

Damages is a remedy at law.

TRUE

A state constitution is supreme within the state's borders.

TRUE

Courts often rely on the common law as a guide to interpreting legislation.

TRUE

Remedies in equity include injunctions and decrees of specific performance.

TRUE

Rules and regulations adopted by federal administrative agencies are compiled in the Code of Federal Regulations.

TRUE

A judge's view of the law is of little importance in a common law legal system.

FALSE

State agency regulations take precedence over conflicting federal agency regulations.

FALSE

Criminal law focuses on duties that exist between persons.

FALSE

Statutory law does not include county ordinances.

FALSE

Law is a body of enforceable rules governing relationships among individuals and between individuals and their society.

TRUE

A reference to "28 U.S.C. Section 1332" means that a statute can be found in section 1332 of title 28 of the United States Code.

TRUE

Common law is the best and only source of legal authority.

FALSE

A court may depart from a precedent if the precedent is no longer valid.

TRUE

There is one right answer to every legal question.

FALSE

Linear reasoning proceeds from one point to another with the focal point being the conclusion.

TRUE

Most state trial court decisions are not published.

TRUE

Constitutional law includes only the U.S. Constitution.

FALSE

A jury's good sense and careful consideration of consequences is known as jurisprudence.

FALSE

A search warrant must particularly describe whatever is to be searched.

TRUE

The courts determine when the laws restricting free speech are justified by the need to protect other rights.

TRUE

The right to due process of law applies to corporations.

TRUE

Substantive due process limits what the government can do in its legislative capacity.

TRUE

When there is a direct conflict between a federal and a state law, the state law is rendered invalid.

TRUE

The Bill of Rights protects individuals against various types of interference by the government.

TRUE

Law enforcement officials can track the e-mail communications of one party to find out the identities of other parties.

TRUE

Congress can regulate all commerce in the United States.

TRUE

Proximate cause exists when injuries sustained were too remotely connected to an incident to trigger liability.

FALSE

Some risks are obvious but, with respect to the duty of care required to establish negligence, a warning is always necessary.

FALSE

The law establishes limits to liability for negligence through the concept of proximate cause.

TRUE

An act that causes indignity is sufficient to recover for the infliction of emotional distress.

FALSE

In many states, the plaintiff's negligence is a defense that may be raised in a negligence suit.

TRUE

Competitive behavior is wrongful interference if it results in the breaking of a contract.

FALSE

False imprisonment is a legal term for "privilege to detain."

FALSE

A failure to return personal property may be conversion even if the rightful owner consented to the initial taking.

TRUE

Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another.

FALSE

Negligence per se may occur on the violation of a statute.

TRUE

A person may not be liable for a defamatory statement if he or she enjoys a privilege.

TRUE

An Internet service provider is generally not liable for publishing a defamatory statement that comes from a third party.

TRUE

Under the "danger invites rescue" doctrine, a person who tries to rescue another individual from harm is liable for any injuries to the individual.

FALSE

Disparagement of property is another term for appropriation.

FALSE

An unauthorized scan of a bank account can be an invasion of privacy.

TRUE

The use of a person's likeness for commercial purposes without permission is not an invasion of privacy.

FALSE

The doctrine of res ipsa loquitur applies if an event causing harm does not normally occur in the absence of negligence.

TRUE

A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements.

TRUE

Perpetrator is the term for a person who commits a tort.

FALSE

A business that invites persons to come onto its premises is charged with a duty to exercise reasonable care to protect those invitees.

TRUE

The degree of care to be exercised in a situation can vary with a person's profession or occupation.

TRUE

Self-defense is a defense to a charge of assault.

TRUE

Malicious prosecution can occur if a party initiates a lawsuit out of malice.

TRUE

An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care.

FALSE

The purpose of tort law is to punish criminal wrongdoers.

FALSE

Stealing software is not a crime.

FALSE

Changing a trademark is forgery.

TRUE

Computer fraud is a state, not a federal, crime.

FALSE

The crime of theft does not require that the perpetrator know whatever is taken belonged to another.

FALSE

It may be a crime to take another's property, but it is not a crime to receive stolen goods.

FALSE

The only defense to criminal liability that justifies the use of force is self-defense.

FALSE

Any crime committed with a computer is a cyber crime.

FALSE

A person who commits larceny can be sued under tort law.

TRUE

The purpose of the exclusionary rule is to encourage criminals to provide exclusive evidence of their crimes.

FALSE

Jurisdiction can be a key issue in a case involving a cyber crime.

TRUE

A person's intent to return embezzled property is a defense to the crime of embezzlement.

FALSE

Any crime that requires knowledge of computer technology for its perpetration is a computer crime.

TRUE

A wrongful mental state is typically required for criminal liability.

TRUE

Identity theft occurs when a wrongdoer steals another's form of identification.

TRUE

Most criminal liability depends on the performance of a prohibited act.

TRUE

Ordinarily, "ignorance of the law is an excuse," or a valid defense to criminal liability.

FALSE

Hackers sometimes rent their "crimeware" as a service.

TRUE

Vishing is phishing that involves voice communication.

TRUE

In cyberspace, thieves are as subject to physical limits as they are in the "real" world.

FALSE

There is at least one circumstance in which a person cannot refuse to testify.

TRUE

A misdemeanor is a crime punishable only by a fine.

FALSE

A suspect cannot be tried twice in the same court for the same crime.

TRUE

Under the exclusionary rule, all evidence must be included in a criminal prosecution.

FALSE

A defendant may be relieved of liability by showing that a criminal act was necessary to prevent an even greater harm.

TRUE

Most crimes must be prosecuted within a certain number of years.

TRUE

The crime of bribery occurs when the bribe is offered even if it is not accepted.

TRUE

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