question

The Constitution expressly excludes state regulation of commerce.

answer

FALSE

question

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

answer

FALSE

question

The First Amendment protects obscene speech.

answer

FALSE

question

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

answer

TRUE

question

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

answer

FALSE

question

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

answer

FALSE

question

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

answer

TRUE

question

A law that has any impact on religion is unconstitutional.

answer

FALSE

question

Pretexting is the process of obtaining information by false means.

answer

TRUE

question

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

answer

FALSE

question

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

answer

FALSE

question

Some constitutional protections apply to business entities.

answer

TRUE

question

The First Amendment does not protect corporate political speech.

answer

FALSE

question

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

answer

TRUE

question

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

answer

TRUE

question

Congress may tax some states and exempt others.

answer

FALSE

question

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

answer

TRUE

question

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

answer

TRUE

question

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

answer

TRUE

question

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

answer

FALSE

question

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

answer

TRUE

question

A substantive law creates or defines legal rights and obligations.

answer

TRUE

question

Damages is a remedy at law.

answer

TRUE

question

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

answer

TRUE

question

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

answer

TRUE

question

Remedies in equity include injunctions and decrees of specific performance.

answer

TRUE

question

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

answer

TRUE

question

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

answer

FALSE

question

State agency regulations take precedence over conflicting federal agency regulations.

answer

FALSE

question

Criminal law focuses on duties that exist between persons.

answer

FALSE

question

Statutory law does not include county ordinances.

answer

FALSE

question

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

answer

TRUE

question

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.

answer

TRUE

question

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

answer

FALSE

question

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

answer

TRUE

question

There is one right answer to every legal question.

answer

FALSE

question

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

answer

TRUE

question

Most state trial court decisions are not published.

answer

TRUE

question

Constitutional law includes only the U.S. Constitution.

answer

FALSE

question

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

answer

FALSE

question

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

answer

TRUE

question

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

answer

TRUE

question

The right to due process of law applies to corporations.

answer

TRUE

question

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

answer

TRUE

question

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

answer

TRUE

question

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

answer

TRUE

question

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

answer

TRUE

question

Congress can regulate all commerce in the United States.

answer

TRUE

question

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

answer

FALSE

question

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

answer

FALSE

question

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

answer

TRUE

question

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

answer

FALSE

question

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

answer

TRUE

question

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

answer

FALSE

question

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

answer

FALSE

question

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

answer

TRUE

question

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

answer

FALSE

question

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

answer

TRUE

question

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

answer

TRUE

question

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

answer

TRUE

question

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

answer

FALSE

question

Disparagement of property is another term for appropriation.

answer

FALSE

question

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

answer

TRUE

question

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

answer

FALSE

question

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

answer

TRUE

question

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.

answer

TRUE

question

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

answer

FALSE

question

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

answer

TRUE

question

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

answer

TRUE

question

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

answer

TRUE

question

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

answer

TRUE

question

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

answer

FALSE

question

The purpose of tort law is to punish criminal wrongdoers.

answer

FALSE

question

Stealing software is not a crime.

answer

FALSE

question

Changing a trademark is forgery.

answer

TRUE

question

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

answer

FALSE

question

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

answer

FALSE

question

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

answer

FALSE

question

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

answer

FALSE

question

Any crime committed with a computer is a cyber crime.

answer

FALSE

question

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

answer

TRUE

question

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

answer

FALSE

question

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

answer

TRUE

question

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

answer

FALSE

question

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

answer

TRUE

question

A wrongful mental state is typically required for criminal liability.

answer

TRUE

question

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

answer

TRUE

question

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

answer

TRUE

question

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

answer

FALSE

question

Hackers sometimes rent their "crimeware" as a service.

answer

TRUE

question

Vishing is phishing that involves voice communication.

answer

TRUE

question

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

answer

FALSE

question

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

answer

TRUE

question

A misdemeanor is a crime punishable only by a fine.

answer

FALSE

question

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

answer

TRUE

question

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

answer

FALSE

question

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

answer

TRUE

question

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

answer

TRUE

question

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

answer

TRUE

LEGL 3000 – EXAM 1 – Flashcards

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