1. The Fifth Amendment protects individuals and corporations from unreasonable searches in their homes, and places of business.

a. True

b. False

2. Some of the powers delegated to the national government may be exercised by the states.

a. True

b. False

3. When there is a direct conflict between a federal and a state law, federal law prevails under the supremacy clause.

a. True

b. False

4. A constitution is a body of principles that establishes the structure of a government and the relationship of that government to the people who are governed.

a. True

b. False

5. Crimes are classified as common law or statutory according to their origin.

a. True

b. False

6. A judge rules on the admissibility of evidence presented in the trial.

a. True

b. False

7. Government restrictions on the form, content, and placement of commercial speech on are rarely found constitutional.

a. True

b. False

8. Professionals have a duty to perform their functions at the same level as would a reasonable person.

a. True

b. False

9. Offensive language used by one person to describe another constitutes the tort of slander.

a. True

b. False

10. The Foreign Corrupt Practices Act applies to businesses with their principal offices located in the United States.

a. True

b. False

11. The issuing or delivery of a forged instrument to another person constitutes the crime of counterfeiting a forged instrument.

a. True

b. False

12. Negligence is imposed because the activity involved is so dangerous that there must be full accountability, even if the activity is necessary and cannot be prohibited

a. True

b. False

13. Customer reviews and complaints such as "the worst cruise experience of my life" are protected opinion.

a. True

b. False

14. The private life of an ordinary citizen is subject to strict scrutiny.

a. True

b. False

15. A crime is a wrong that arises from a violation of a private duty, whereas a tort is a wrong that arises from a violation of a public duty.

a. True

b. False

16. Although laws are enacted at different levels of government to provide the framework for business and personal rights and duties, the framework for this legal system is constitutional law.

a. True

b. False

17. Administrative regulations generally do not have the force of law.

a. True

b. False

18. People generally have a duty to act as a reasonably prudent person would in similar circumstances.

a. True

b. False

19. The Bill of Rights provides protection for corporations.

a. True

b. False

20. In applying the stakeholder model of business ethics, only the interests of important constituencies affected by an action need to be satisfied.

a. True

b. False

21. The power of the states to adopt laws to protect the general welfare of the people is calledex post facto.

a. True

b. False

22. Governments are generally immune from tort liability.

a. True

b. False

23. A strong President is one of the characteristics of a "living Constitution."

a. True

b. False

24. The shopkeeper's privilege gives store managers the absolute right to detain anyone they believe has shoplifted.

a. True

b. False

25. Utilitarians believe that ethics is measured by actions that do the most good for the most people.

a. True

b. False

26. Statutory law includes U.S. Supreme Court opinions.

a. True

b. False

27. The common law are court-enforced unwritten principles originally based on the usages and customs of the community.

a. True

b. False

28. In numerous states, former employers are protected by a qualified privilege for factual comments made about former employees who are applying for jobs at other companies.

a. True

b. False

29. According to the Privileges and Immunities clause, a state cannot bar someone who comes from another state from engaging in local business or from obtaining a hunting or fishing license.

a. True

b. False

30. Ex post facto laws can be adopted by either the states or the national government.

a. True

b. False

31. The mediator in a mediation has the power to force the parties to come to a settlement.

a. True

b. False

32. The U.S. Supreme Court has held that the right of privacy does not apply to intrusions into our privacy by means of new technology.

a. True

b. False

33. Bribery requires the use of violence.

a. True

b. False

34. Documents filed by both parties at the beginning of a lawsuit are called thepleadings.

a. True

b. False

35. State supreme courts generally hear all cases appealed to them.

a. True

b. False

Indicate the answer choice that best completes the statement or answers the question. 2 Points Each

36. Maria intentionally attempts to have Patty break a contract with Alfred. Maria will be liable under which theory of tort?

a. Libel

b. product disparagement

c. contract interference

d. intentional infliction of emotional distress

37. A wrong that arises from a violation of a private duty is called a:

a. criminal action.

b. tort.

c. crime.

d.de mala.

38. The answer to the complaint is filed by the:

a. defendant.

b. prosecutor.

c. plaintiff.

d. judge.

39. A right is defined as:

a. an obligation of law imposed to perform an act.

b. a legal capacity to require another party to perform an action.

c. any written promise.

d. a political power to do the right thing.

40. If your home or business is searched unlawfully, any items obtained during that unlawful search could be excluded as evidence in a criminal trial because of the ________.

1. Fourth Amendment's exclusionary rule
2. Constitutional common law
3. Fifth Amendment's right to privacy
4. common law

41. John owed Barney money. Barney called John's home several times per day for five weeks asking for repayment, with some of the calls coming after midnight. Barney might be liable for:

a. defamation.

b. wrongful interference with a contract.

c. intentional infliction of emotional distress.

d. trespass.

42. Dan is a famous syndicated radio personality for BratRadio. He has a distinctive voice and manner of speaking. MoreTalk, BratRadio's competitor hires Gordon, who sounds nearly identical to Dan, to host a competing show. MoreTalk encourages Gordon to imitate Hugh as closely as possible while on the air. MoreTalk is most likely to be liable for:

a. Conversion

b. Defamation

c. Appropriation

d. Wrongful interference with a business relationship

43. The Uniform Partnership Act is a good example of a(n):

a. Congressional statute.

b. substantive law.

c. uniform state law.

d. procedural law.

44. Criminal laws:

a. define wrongs against society.

b. define the rights of one person against another.

c. carry damage remedies against the wronged individual.

d. are punished by individuals who have been wronged.

45. The due process clause:

a. allows the U.S. government to take private property without due process.

b. allows a state to take private property without due process.

c. provides a guarantee of protection against loss of rights or property without the chance to be heard.

d. does not apply to state governments.

46. Penalties for crimes are:

a. always paid to the government.

b. always paid to the victim(s).

c. shared equally between the government and the victim(s).

d. subject to forfeiture.

47. The concept of immunity from liability means that:

1. one who harms another can be held liable only for voluntary acts.
2. certain persons are not subject to tort liability.
3. one who harms another without intending to do so is not subject to tort liability.
4. one who harms a child can never be sued by the parents of the injured child.

48. The United States Supreme Court was created by:

a. Congress.

b. the President.

c. the Uniform State Law Commission.

d. the U.S. Constitution

49. In applying the "front-page-of-the-newspaper" test to a contemplated course of conduct one should ask:

a. Would I be found criminally liable if this winds up on the front page of the newspaper?

b. Would I be liable for monetary damages if this winds up on the front page of the newspaper?

c. Would I be willing to have my spouse, friends, and children read about this if it winds up on the front page of the newspaper?

d. Would I be able to explain this to the authorities if it winds up on the front page of the newspaper?

50. The tort of invasion of privacy includes all of the followingexcept:

a. intrusion into private affairs.

b. public disclosure of private facts.

c. misappropriation of another's name.

d. defamation of privacy.

51. Powers delegated to the national government that may be exercised by the states are referred to as ________.

a. ex post facto powers

b. shared powers

c. police powers

d. delegated powers

52. Concerning torts and crimes, choose the correct statement:

a. Every tort is a crime.

b. Every crime is a tort.

c. No crime is a tort.

d. A crime may also be a tort.

53. Torts arise from a violation of a ____ duty.

a. public

b. private

c. contractual

d. criminal

54. Original jurisdiction courts are generally ____________.

a. supreme courts

b. appellate courts

c. trial courts

d. limited courts

55. The "living-document" view of the Constitution has all of the following characteristicsexcept:

a. strong federal government

b. strong president

c. various administrative agencies with significant power

d. constructionist view of the Bill of Rights.

56. Federal supremacy refers to:

a. the power of the President.

b. the power of the Supreme Court to make decisions.

c. the power of the federal government to legislate in certain areas.

d. the power of the federal government to declare war.

57. In order to establish the tort of false imprisonment, a person must show imprisonment for:

a. any amount of time.

b. at least one minute.

c. at least ten minutes.

d. at least one hour.

58. _______ law creates, defines, and regulates rights and liabilities.

a. Statutory

b. Constitutional

c. Substantive

d. Procedural

59. Which of the following statements regarding the commerce clause is FALSE?

a. If the federal government establishes safety device regulations for interstate carriers, a state cannot require

different devices.

1. States may not use their tax power for the purpose of discriminating against interstate commerce.
2. The commerce clause empowers Congress to regulate interstate commerce, but not commerce with foreign nations.
3. A state cannot refuse to allow an interstate waste collector to conduct business within the state on the grounds that the state already has enough waste collectors.

60. Professionals have a duty to perform their jobs at the level of:

a. a reasonable person.

b. a reasonable professional in the same business.

c. an extraordinarily careful person.

d. an extraordinary person.

61. Chandra sues Martin for breach of contract. Both parties have completed discovery. Chandra now wants her attorney to file a motion to have the judge rule in her favor without having to proceed further. Chandra does not know whether the motion to dismiss or the motion for a summary judgment is proper. Which motion is proper and why?

62. Sally operates a large manufacturing firm near a federal land preserve known for its waterfowl and fauna. The federal government has just filed suit against Sally and her corporation, charging them with criminal violations of various environmental protection statutes. What rights do Sally and her corporation have that are guaranteed under the United States Constitution?

63. John and Jane are involved in an automobile accident in which both of them are injured.

At trial, the jury determined that John was 40% responsible and Jane was 60% responsible, and that both of them suffered damages valued at $100,000.00. Explain what John and Jane would be able to recover in (a) a contributory negligence state; (b) a pure comparative negligence state; and (c) a comparative negligence state with a 51% threshold.

64. In 1986, the head of the Department of Transportation reviewed a film that demonstrated the effectiveness of air bags in automobiles. He then passed a rule that Ford Motor Company must retrofit, without charge to the automobile owner, all of its 1985 models as an experiment on the safety of the air bag. Ford refused to do so. The DOT held a hearing and decided to fine Ford $1 million for violating its regulation. A notification of this decision was mailed to Ford. What constitutional issues does this case raise?

65. James Smith, a health inspector for the state of Missouri, inspected a restaurant owned by Salley Slick. Smith found numerous health violations in the restaurant and fined Slick accordingly. When Smith notified Slick of the infractions, Smith strongly suggested that $5,000 "would sure prove handy in the Spring" when he planned to purchase a new fishing boat. Slick understood Smith's obvious hint and offered Smith $5,000 if he would lose the paperwork concerning the failure of the restaurant to meet proper inspection guidelines. Smith accepted the $5,000 and lost the paperwork. One month later, Smith returned to the restaurant and told Slick that he would reappear every month and find violations unless Slick produced $1,000 each month to go toward the purchase of a fleet for Smith. Slick agreed to make the $1,000 payments. What crimes have been committed by Smith and Slick?