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99 terms

LEGL 3000 - EXAM 1

Chapter 1,2,4,6
STUDY
PLAY
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