Question 1

Under the authority of a long arm statute, a court cannot exercise personal jurisdiction over certain out-of-state defendants.

Accepted Answer

False

Question 2

The minimum-contacts requirement is usually met if a corporation advertises or sells its products within a state.

Accepted Answer

True

Question 3

A court of appeals always hears new evidence.

Accepted Answer

False

Question 4

A Maryland state court can exercise jurisdiction over National Insurance Corporation, an out-of-state company, if the firm has

Accepted Answer

minimum contacts with the state

Question 5

Jenna files a civil suit against Keshia. To succeed, Jenna must prove her case

Accepted Answer

by a preponderance of the evidence.

Question 6

Litigation is the process of resolving a dispute through arbitration.

Accepted Answer

False

Question 7

Most states do not enforce agreements to arbitrate disputes between private parties.

Accepted Answer

False

Question 8

An arbitrator\'s award may be set aside if the arbitrator accepted a bribe.

Accepted Answer

True

Question 9

Lorena files a suit against Milton. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party suggests or proposes a resolution, which the parties may or may not decide to adopt. This is

Accepted Answer

mediation.

Question 10

HoneyBee Foods, Inc., in Illinois, and Jelly Roll Pastries, in Kentucky consent to have their dispute resolved in arbitration according to the law of Illinois. This is a ground for a court to

Accepted Answer

compel arbitration.

Question 11

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.

Accepted Answer

True

Question 12

Under the U.S. Constitution, the executive branch makes the laws.

Accepted Answer

False

Question 13

Under the supremacy clause, a valid federal statute or regulation will take precedence over a conflicting state or local law or regulation on the same general subject.

Accepted Answer

True

Question 14

The Bill of Rights protects individuals, but not business entities, against various types of interference by the government.

Accepted Answer

False

Question 15

A law that prohibits or inhibits only some persons from exercising a fundamental right will be subject to \"rational basis\" by the courts

Accepted Answer

False

Question 16

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry its expressly designated powers. Under the Tenth Amendment, all other powers are expressly reserved to

Accepted Answer

the states.

Question 17

Savers Mart, Inc., distributes its merchandise on an interstate basis. Under the commerce clause, Congress has the power to regulate

Accepted Answer

any commercial activity in the United States.

Question 18

Mariah creates a t-shirt design that expresses support for Nathan, a presidential candidate, and distributes t-shirts imprinted with the design to her friends. The t-shirts are an example of

Accepted Answer

symbolic speech.

Question 19

Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest

Accepted Answer

and goes no further than necessary to achieve its purpose.

Question 20

Like statutes, administrative regulations have a binding effect.

Accepted Answer

True

Question 21

When the meaning of a statute\'s language is unclear and an agency interprets it, a court need generally should follow the interpretation if it is a reasonable interpretation.

Accepted Answer

True

Question 22

Warrants are required to conduct administrative searches in all highly regulated industries.

Accepted Answer

False

Question 23

Armando is a witness in a controversy involving the U.S. Bureau of Tobacco and Firearms. Armando can be compelled to appear before an administrative law judge if he is served with

Accepted Answer

a subpoena.

Question 24

The U.S. Food Safety and Inspection Service conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in

Accepted Answer

highly regulated industries.

Question 25

In a criminal case, the state must prove its case by a preponderance of the evidence.

Accepted Answer

False

Question 26

The sanctions imposed on criminal wrongdoers are the same as those applied in civil cases.

Accepted Answer

False

Question 27

One element that normally must exist for a person to be convicted of a crime is the performance of a prohibited act.

Accepted Answer

True

Question 28

The crime of theft requires only the taking of another person\'s property, not the awareness that the property belongs to another.

Accepted Answer

False

Question 29

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

Accepted Answer

False

Question 30

For most crimes, the state must initiate prosecution within a certain number of years after the crime occurs.

Accepted Answer

True

Question 31

Under the Fourth Amendment, general searches through a person\'s belongings are permissible.

Accepted Answer

False

Question 32

If a person in custody is to be subjected to interrogation, he or she must first be informed in clear and unequivocal terms that he or she has the right to remain silent.

Accepted Answer

True

Question 33

Reno, driving while intoxicated, causes a car accident that results in the death of Santo. Reno is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for

Accepted Answer

more than one year.

Question 34

Skip is accused of a crime. Skip can refuse to provide information about his allegedly criminal activities

Accepted Answer

if he suspects the information will be used to prosecute him.

Question 35

Klay arrests Leonida on suspicion of embezzlement. According to the United States Supreme Court in Case 7.3, Miranda v. Arizona, Leonida must be apprised of certain constitutional rights

Accepted Answer

prior to any police interrogation.

Question 36

Fresh Harvest Company, which is based on Georgia, packages and sells vegetables. Hayden, who is a resident of Indiana, buys a Fresh Harvest product, eats it, and suffers severe food poisoning. Hayden wants to file a suit against Fresh Harvest. The diversity of citizenship between these parties means that

Accepted Answer

federal and state courts have concurrent jurisdiction.

Question 37

Lewis wants to file a suit against Mikayla. Before any court can hear the case

Accepted Answer

the court must have jurisdiction.

Question 38

Marcus files a suit against Naomi in an Ohio state court. Naomi\'s only connection to Ohio is an ad on the Web originating in Pennsylvania. For Ohio to exercise jurisdiction, the issue is whether Naomi, through her ad, has

Accepted Answer

conducted substantial business with Ohio residents.

Question 39

In Hazel\'s suit against Ingrid, the court issues a judgment in Ingrid\'s favor. If the case is appealed to an appropriate court of appeals, the appellate court will hear

Accepted Answer

none of the evidence.

Question 40

Milo files a suit against Otis. At the trial, each party\'s attorney presents the party\'s case before a judge who hears the dispute and renders a legally binding decision. This is

Accepted Answer

litigation.

Question 41

Oklahoma enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Price-Lo Mart files a suit to block the law\'s enforcement. The court would likely hold that this law violates

Accepted Answer

the free exercise clause.

Question 42

Keralyn creates a Web site to post threatening messages about celebrities. The First Amendment protects such speech

Accepted Answer

none of the time.

Question 43

Jon, a law enforcement official, monitors Kelsey\'s Internet activitiesâe-mail and Web site visitsâto gain access to her personal financial data and student information. This may violate Kelsey\'s right to

Accepted Answer

privacy.

Question 44

Many of the rights contained in the Bill of Rights now apply as restrictions against the states because of \"incorporation\" through the 14th Amendment.

Accepted Answer

True

Question 45

If a police officer asks you a question, you are required to answer.

Accepted Answer

False

Question 46

A subpoena for documents arrives at your business office demanding certain business documents (some that potentially incriminate you) be turned over.

Accepted Answer

You do not have a privilege against self incrimination in this matter and must turn the documents over.

Question 47

These two provisions of the US Constitution have had the most impact on business.

Accepted Answer

The interstate commerce clause and the 16th Amendment

Question 48

The exclusionary rule, when evidence is excluded from trial because it was discovered in violation of the 4th, 5th or 6th Amendment, is a rule found in the text of the US Constitution.

Accepted Answer

False

Question 49

The words \"right to privacy\" are found in the 4th Amendment of the US Constitution.

Accepted Answer

False

Question 50

The two general elements of any crime are:

Accepted Answer

mens rea and actus reus

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