BUL 3310 Exam 1 FSU Bailey - Questions and Answers (Complete Solutions) Criminal and taxing statutes are strictly and narrowly construed True False If on... [Show More] e obeys the law, one is not necessarily acting ethically because ethical standards of conduct and legal standards of conduct are identical. True False A person who violates a decree from a court of equity can be jailed for contempt of court. True False In a criminal case, the state has the burden to convince jurors of the defendant's guilt " beyond a shadow of a doubt." True False The party who files a civil suit at law is called the ____________. Plaintiff Arizona cannot have different standards for admitting in-state and out-of-state residents to the practice of medicine because of the Full Faith and Credit Clause. True False The Constitutional basis for the right of privacy is The Supreme Court's finding that the right of privacy, although not expressly stated, is inherent in a number of Amendments. Ignorance of the law is one of the traditional defenses to criminal liability. True False Nonviolent crimes based on fraud and concealment are classified as what type of crimes? White collar The separation of powers doctrine applies only to the federal government and not to state governments.
True False Federal District Courts use federal procedural law in the conduct of both civil and criminal trials. True False If Federal District Court in Arizona hears a case challenging the constitutionality of the No Child Left Behind Act, which is a federal statute, the court will use __________ procedural law and _________ substantive law to conduct the trial. Federal---------federal The party who loses at trial and brings an appeal is called the appellee. True False Lawyers traditionally have a limited number of opportunities to reject potential jurors without having to give a reason. Jurors, however, cannot be eliminated based on race, gender Assume that State University institutes a curfew for the female students who live on campus. To protect both the safety and morals of its female population, State University requires that the female students be in their dorms by 1:00 a.m. every night. There is no curfew for male students because they are less likely to be victims of attacks. If Nellie Nightowl wants to protest, under which standard of review will the court hear this case? The Equal protection Clause of the 14th Amendment The function of the grand jury is to decide the guilt or innocence of a criminal defendant. True False Codes of Ethical Conduct adopted by businesses and professions often provide for sanctions against individuals who violate the code. True False Which of the following is not a category of private law? Criminal law Religious beliefs ____ form the basis for the religious foundation theory of rights/duties ethical systems. Common to many religions A defendant may be tried in either Federal District Court or in state court when charged with committing a federal crime. True False All states have juvenile courts with special procedures for crimes involving minors. True False For crimes that are misdemeanors, the government gives the defendant notice of the charges against him in an_________________. Information Codes of Ethical Conduct adopted by corporations and professional associations have the same legal status as ordinances. True False Corporations may consider the legal, ethical and philanthropic effects of corporate decisions. True False Ethical standards are often the basis for statutes and judicial decisions ____ . As a reflection of society's views of right and wrong Which of the following would NOT be heard in Federal District Court in Baltimore, Maryland? A suit by a Maryland resident against a Maryland restaurant claiming violation of the Civil Rights Act of 1964, which is a federal statute. A suit between a Maryland resident and a Delaware resident over car accident in Baltimore. The amount in question is $75,000. A suit between two Maryland residents over a car accident in Easton, Maryland. The amount in question is $200,000. All of the above cases could be heard in Federal District Court. The equitable equivalent of a default judgment is a nolo contendere decree. True False All of the following are true except: A class-action suit is one in which a person files suit on his/her own behalf and on behalf of all other persons who may have a similar claim. A class-action lawsuit may brought on behalf of all purchasers of a defective product. A class-action lawsuit may be brought on behalf of employees of a particular business. The number of people who comprise a class in a class-action are frequently very small. Class action suits are popular because they often involve matters in which no one member of the class would have a sufficient financial interest to warrant filing suit. Commercial speech is given the same level of protection from government interference as political speech. True False A state law will be invalid if it conflicts with a federal law because of the ________Clause. Supremacy Intoxication may be used as a defense in specific intent crimes if the impairment was so great that the accused could not form the requisite intent. True False What is the purpose of bail? insure that the defendant shows up for trial The common law system in the United States has its roots in England Codes of Ethics are not based upon ____. Self-regard It is unconstitutional to conduct a trial with a jury of fewer than 12 jurors. True False When a grand jury decides there is sufficient evidence to bring someone accused of a crime to trial it issues a (n)______________. Indictment In an action alleging securities fraud, the burden of proof on the plaintiff is Clear and convincing evidence A power unique to the President is to serve as ________________. Commander-in-Chief Which of the following statements about administrative crimes is false? Administrative crimes cannot be punished by imprisonment.
Comments contained in judicial opinions that are not necessary to the decision of the case are called: Dicta The Executive, Legislative, and Judicial branches of the federal government each have their own unique duties and functions. This arrangement constitutes an __________ separation of powers. Horizontal The Congress of the United States passed the Soldiers' and Sailors' Relief Act of 1940 and President Franklin Roosevelt signed it into law. This Act has the status of an____________. Statute In deciding a case, statutory law always supersedes common law. True A state statute requiring that medical malpractice suits be initiated within 3 years of the injury is an example of a(n) ______ law. Procedural Which of the following statements about res judicata is correct? It binds the parties to the decisions in a lawsuit so that neither can re-litigate the case Anne, a resident of New York, is suing Bill, also a resident of New York, in a contract dispute that is governed by New York state law. This controversy would be classified as an ______ case. Intrastate The Uniform Commercial Code is an important federal statute regulating interstate commerce. False The power of the judicial branch to declare that laws are invalid because they violate the Constitution is known as ______. Judicial Review The triple bottom line model encourages corporations to consider the effect of their decisions on ____ A. Profit B. People C. Planet D. All of the above [Show Less]
