exam 2

Administrative agencies exercise powers that have been allocated by __________ to the three separate branches of government.

the Constitution

__________ are those issued by an agency having the ability, under a legislative delegation of power, to make rules having the force and effect of law.

Legislative rules

As part of executive function to investigate conduct, administrative agencies may compel the disclosure of information, except under which limitation?

the information sought is irrelevant

By virtue of their power to __________, U.S. Presidents have significant control over the administrative agencies housed within the __________ branch.

appoint and remove the chief administrator of those agencies; executive.

Federal legislation permits administrative agencies to deny access to nine categories of records is the:

FOIA

Much of federal, state, and local law in this country has been established by administrative agencies, which people label as the __________ because they possess tremendous power.

fourth branch of government

Administrative law judges are appointed by the agency through a professional merit selection system and may be removed only:

for good cause

Once __________, administrative rules are applicable to all parties.

 promulgated

The legislature may exercise control of administrative agencies in various ways. Which is NOT a control maintained by the legislative branch?

Through the power to appoint and remove chief administrators

Under the Government in the Sunshine Act, meetings of many federal agencies are required to be:

open to the public

Congress has enacted a protection statute to prohibit the unauthorized disclosure of federal agency records pertaining to an individual. This statute is:

Privacy Act

The crime of larceny includes in its definition:

the trespassory taking and control of personal property

Which of the following constitutes cybercrime?

Operating an illegal gambling site on the Internet, Hacking into another's online credit card account, Posting an infringement of a copyright on one's website. AKA all of the answer choices are correct

The crime of making threats for the purpose of obtaining money or property is known as:

extortion

Which of the following is correct with respect to an indictment?

 The grand jury issues an indictment if it finds sufficient evidence to justify a trial on the charges alleged

Another name for a trial by a court sitting without a jury is a(n)

bench trial

The Fifth Amendment to the Constitution:

prevents double jeopardy.

What probable cause needs to be shown for the issuance of a search warrant?

Given all the evidence, there is a fair probability that contraband or evidence of a crime is present

The criminal act necessary to commit a crime is known as:

actus reus.

Which of the following is a goal of an arraignment?

The defendant is informed of the charge and enters a plea.

The criminal law is similar to tort law, but there are some significant differences. These differences are:

the burden of proof is on the prosecution is to prove guilt beyond a reasonable doubt in criminal law.

Which of the following is found in the Sixth Amendment to the U.S. Constitution?

The right to an attorney

The court determines whether there is probable cause to believe the defendant is the one who committed the crime at the:

preliminary hearing

A warrant is not required for a search by the police in the situation where:

 voluntary consent is given to the search

A crime that is punishable by death or imprisonment in a penitentiary is a:

 felony

The defense of __________ exists when a person who is threatened with immediate, serious bodily harm to himself or another unless he commits the crime.

duress

In which of the following can absolute privilege protect the defendant regardless of his intent?

 Statements regarding a third party made between spouses when they are alone,  Statements made by members of Congress on the floor of Congress and by members of state and local bodies, Statements made by participants in a judicial proceeding regarding that proceeding. AKA all of these are correct

The intentional conduct by one person directed at another that places the other in apprehension of imminent bodily harm or offensive contact is the tort of:

assault

Misuse of legal procedure consists of:

malicious prosecution

The intentional exercise of dominion or control over the personal property of another that so seriously interferes with the other's right to control is known as:

conversion

The injurious falsehood which imposes liability upon one who publishes a false statement that results in harm to another's monetary interests, is the tort of:

disparagement

Which of the following is a principal objective of tort law?

To compensate persons who sustain harm or loss resulting from another's conduct.

The tort of appropriation requires all, except:

publication

The intentional infliction of harmful or offensive bodily contact is the tort of:

battery

This level of conduct evidences a conscious disregard of or an indifference to the consequences of the act committed.

Reckless

With respect to the tort of trespass to personal property, liability is limited to which of the follow instances?

 The trespasser dispossesses the other of the personal property, The trespasser substantially impairs the condition, quality, or value of the property,The trespasser deprives the possessor of the use of the property for a substantial time, AKA Any of these are correct

Merchants who detain shoppers suspected of shoplifting are protected in most states by statutes as long as the merchant detains the suspect with all of the following, except:

on camera

The unreasonable and highly offensive interference with the solitude of another is the tort of:

intrusion

The tort of abuse of process can be filed:

after the plaintiff or prosecution used a legal proceeding (criminal or civil) to accomplish a purpose for which the proceeding was not designed.

Intent as used in the law of intentional torts requires an infant to be liable for their intentional torts, if:

 both the infant's age and knowledge are such that he can form the required intent.

Fraudulent misrepresentation imposes liability for:

monetary loss, justifiable reliance, a misrepresented fact intentionally made for the purpose of inducing the person to rely on it, AKA All of these are correct

In 1990, Congress enacted the Administrative Dispute Resolution Act. This Act does:

encourage the federal agencies to use alternative dispute resolution