QUESTION 25 Appellate courts do not retry the evidence, but rather determine whether the trial was conducted in a procedurally correct manner. O True O False QUESTION 26 Which of the following is a part of the Fifth Amendment? In terms of substantive due process, the Amendment prevents the government from arbitrarily taking the life of a criminal defendant. The court has read the Fifth Amendment to prohibit only those government searches or seizures that are "unreasonable." The guarantees of the Amendment are available to property owners where state, county, or municipal government uses the power of eminent domain to take public property for private purposes. O A law can be overturned only if it serves no rational government purpose. QUESTION 27 The U.S. Supreme Court can void the president's executive orders if they are contrary to the Constitution's language. O True FalseQUESTION 28 The positivist school of legal thought relies on social context and the actual behavior of the principal actors who enforce the law. O True O False QUESTION 29 1. Explain the distinction between the law and ethics and provide an example of an act that is both illegal and unethical. For the toolbar, press ALT+F10 (PC) or ALT+FN+F10 (Mac). BIUS Paragraph Arial 10pt Ev IS A v IX E E E X2 X2 PQUESTION 30 The has the same legal effect as a bill passed by Congress and signed into law by the president. O Administrative Procedures Act (APA). O enabling act Code of Federal Regulations (CFR). O delegation authority QUESTION 31 When Congress uses its power under the commerce clause, it can expressly state that it wishes to have O Judicial review absolute police power Exclusive regulatory authority O dormant commerce clause QUESTION 32 The commerce clause gives the Supreme Court the exclusive power to make laws relating to foreign trade and commerce and to commerce between the various states. O True O FalseQUESTION 33 Why would there be a trial by an administrative agency? Describe the process - be sure to include what we discussed in class. For the toolbar, press ALT+F10 (PC) or ALT+FN+F10 (Mac). BIUS Paragraph Arial 10pt v E V Av EE x2 X2 P QUESTION 34 Which of the following uses the utilitarian test of the greatest good overall? O Project A provides a benefit of $1 million to a company at an investment of $10,000. Over a period of 10 years, the company has to reduce its workforce by 50 percent. O Project D provides a benefit of $100,000 to a company at a cost of $50,000. Over a period of 10 years, the company has to employ 100 more people. Project C provides a benefit of $1 million to a company at an investment of $10,000. Over a period of 10 years, the company has to employ 10,000 more people and cut down on 100 acres of forest area to expand the facility. Project B provides a benefit of $1 million to a company at an investment of $10,000. Over a period of 10 years, the company has to come up with a new technology that will lead to an increase in the cost of living for all the people in the vicinity.QUESTION 35 Which of the following is true according to Aristotle and the Virtue theory? O Happiness is living according to passive use of reason. The emphasis on virtue theory has gradually been reducing while more attention is being given to the utilitarian and deontological approaches to ethics. O Aristotle rejected wealth, pleasure, and fame as the distinguishing feature of humans as opposed to other species. O Happiness has no connection to reason