Law Quiz 1

Constitutional warrantless searches

Search incident to lawful arrest

Certain searches of motor vehicles

When law enforcement officers are in ‘hot pursuit’ of an armed suspect

Stop-and-frisk searches for weapons

Plain view

Consensual searches

Exigent circumstances

If you invoke your right to remain silent it must be done…

unambiguously

Writ of certiorari

• You are petitioning a higher court (Supreme Court) to examine your case. If it is important enough, the higher court will “grant cert.”

• The higher court then requests the record from the lower court.

• If cert is denied, then the ruling in the lower court stands.

True or False: An employee may access a company’s computer to obtain personal information about his or her supervisor and use the information to persuade the supervisor to give the employee a raise.

False. In violation of the computer fraud and abuse act

True or False: To convict a defendant of a crime, the government must prove beyond a reasonable doubt that the defendant committed the acts.

True

True or False: Obscenity is fully protected speech by the First Amendment to the Constitution.

False. Miller Test

True or False: Only felonies require proof of the defendant’s mens rea, or criminal intent.

False.

True or False: A defendant may choose one of three pleas: guilty, not guilty, and nolo contendere.

True.

True or False: The Bill of Rights is the first dozen amendments to the Constitution.

False.

True or False: The Fourth Amendment provides a privilege from self-incrimination and double jeopardy.

False. This is the fifth amendment

True or False: The Fifth Amendment protects persons against unreasonable and arbitrary searches and seizures.

False. This is the fourth amendment

The sixth amendment guarantees

Speedy trial

Right to confront and cross-examine witnesses

Right to effective assistance of counsel

Impartial jury

Which of the following is not a constitutional search?

a)  Taking bag of shredded documents from a dumpster.

b)  Aerial surveillance of a manufacturing plant.

c)  Thermal imaging device to detect heat in a home.

d)  A stop-and-frisk search for weapons.

Thermal imaging device to detect heat in a home

Requirements of battery

Intent

Harmful or offensive touching

Contact

Does assault require contact?

NO. ONLY BATTERY

Libel vs Slander

Slander is oral defamation

Libel is written

Defamation means that the comments must be made with actual malice for public figures. What is actual malice?

The statement was made 1) knowing it was false or 2) with reckless disregard for the truth

Common Law

Made and applied by judges as they decide cases according to doctrine of precedent or stare decisis

Federal supremacy

Fed>state

a rule of priority for conflicts between laws stating the US Constitution is the supreme law of the land

Practical significance of federal supremacy

Federal law defeats state law

State constitution defeats state legislation

Statute defeats administrative regulation

Statute or regulation defeats common law

Black letter law

law in the books

public law

refers to the relationship between governments and private parties

stare decisis

precedent

True or False: The Constitution, statutes, and case law are sources of law in the US

True

True or False: Agency regulations, presidential orders, and treaties are sources of law in the US

True

True or False: Stare decisis refers to the doctrine of equity

False. Doctrine of precedent

True or False: The supremacy clause states that the US Constitution is the supreme law of the land

True

True or False: Civil law establishes the duties an individual has to keep a civil society

False. Private parties

True or False: Substantive law establishes how to enforce the rights and duties of people in society

False. Procedural law

True or False: Jurisprudence refers to the philosophy of law and the collection of laws.

True

True or False: Legal reasoning is inductive

False. Deductive

The plain meaning rule means that the court applies a statute

According to the usual meaning of words

Courts are

Limited to hearing existing cases or controversies

Limited to hearing cases in which plaintiff has standing (a direct interest in the outcome)

What does prurient mean

unwholesome

In what year were women allowed to serve on juries in all 50 states?

1973

Equal Credit Opportunity Act (1974)

women were allowed to apply for a credit card without a male cosigner

Governmental Immunity/sovereign immunity

President has immunity

which in the United States, the federal, state, and tribal governments enjoy when it comes to lawsuits. For instance, local municipality and city governments generally enjoy some sort of immunity in tort lawsuits.

True or False: Battery is the intentional and harmful touching of another without consent.

True

True or False: Assault occurs if the act causes a reasonable apprehension of imminent battery in another person’s mind

True

True or False: Courts do not allow recovery for emotional distress unless the plaintiff was hospitalized

False

Libel refers to oral defamation and slander refers to written defamation

False

The standard of proof a plaintiff must satisfy in a tort case is the:

preponderance of the evidence standard

If a public official sues for defamation, s/he must prove the elements of defamation and:

actual malice

Which of the following torts are not concerned with interference with property rights?

a) invasion of privacy

b) private nuisance

c) trespass to land

d) conversion

a) invasion of privacy