1. (TCO 1) Which of the following powers is preempted by the federal government?
a: Power to regulate criminal conduct
b: Power to regulate civil tort liability
c: Power to regulate the coining of money
d: Power to regulate business organizations
e: Both a and c
Question 2. 2. (TCO 1) Administrative regulations come from
a: federal boards, departments, commissions, and agencies.
b: state boards, departments, commissions, and agencies.
c: federal courts.
d: state courts.
e: Both a and b
Question 3. 3. (TCO 1) The Incorporation Doctrine)
a: is another phrase for checks and balances.
b: refers to the application of the Bill of Rights to the states.
c: is derived from an interpretation of the 14th Amendment.
Both b and c
Both a and b
Question 4. 4. (TCO 1) Which of the following types of speech is not protected by the Constitution?
Political speech
Advertising
Obscene material
None of the above; they are all protected
Only a and b
Question 5. 5. (TCO 1) The Equal Protection Clause:
has always been held to prohibit the practice of separate but equal.
prohibits a school from considering race in its admissions policies.
is found in the 14th Amendment.
All of the above
is contained in the Declaration of Independence.
Question 6. 6. (TCOs 1 & 2) Which of the following is not a purpose of criminal law?
Deterrence
Retribution
Incapacitation
Rehabilitation
Mens rea
Question 7. 7. (TCOs 3, 5, and 6) Which of the following is not a type of negligence action?
Liability of landowners
Automobile accidents
Professional negligence
Intentional infliction of emotional distress
Defective products
Question 8. 8. (TCOs 3, 5, and 6) Activities that give rise to strict liability are:
driving a dangerous car.
engaging in an ultrahazardous activity.
fighting.
battery.
selling pharmaceuticals.
Question 9. 9. (TCOs 3, 5, and 6) Actual authority of partners to enter contracts on behalf of the partnership
means that authority is implied because the conduct of the parties has reasonably led third persons to believe that such authority exists.
means that other partners have approved the contract.
always exists for all partners.
All of the above
None of the above
Question 10. 10. (TCOs 10 & 11) ADR stands for
Alternative Dispute Resolution.
Annotated Dispute Resolution.
Acceptable Dispute Resolution.
None of the above
Question 11. 11. (TCOs 1 & 2) Why are parties in a civil case not given the opportunity to have counsel appointed to represent them?
Question 12. 12. (TCO 1) Why is the U.S. Supreme Court called the Supreme CourtQuestion 13. 13. (TCOs 1 & 2) What are the two categories into which most crimes are contained and what is the difference between the two?Question 14. 14. (TCO 1) The First Amendment to the Constitution guarantees what rights?Question 15. 15. (TCOs 3, 5, & 6) What evidence does the parole evidence rule prohibit and why?
Question 16. 16. (TCOs 3, 5, & 6) What is necessary between parties to have a bilateral contact?
Question 17. 17. (TCO 1) What is stare decicis and what is its application in the American legal system?
Question 18. 18. (TCOs 10 & 11) What would be some of the problems with using ADR in criminal cases? How might the parties be prepared for ADR in a criminal case?