Question 1

_____ is an element of crime that refers to evil intent.

Accepted Answer

In a broad sense,crimes consist of two elements: (1) a wrongful act or omission (actus reus) and (2) evil intent (mens rea).Intent is a state of mind,so the jury or judge must reach a determination from the objective facts as to what the accused's state of mind must have been.

Question 2

Identify the true statement about felonies.

Accepted Answer

In general,felonies are more serious crimes,such as murder,rape,and robbery.They are typically punishable by death or by imprisonment in a federal or state penitentiary for more than one year.

Question 3

In a civil trial process,a civil action begins when a plaintiff files his or her first pleading,which is labeled a _____.

Accepted Answer

A civil action begins when the plaintiff files his or her first pleading,which is labeled a complaint.The complaint specifies the parties to the suit,evidence as to the court's jurisdiction in the case,a statement of the facts,and a prayer for relief.

Question 4

In the context of the civil trial process,a defendant may choose to respond to a complaint in favor of the plaintiff by filing a(n) _____,the essence of which is to argue that even if the plaintiff's recitation of the facts is accurate,a claim on which relief can be granted has not been stated.

Accepted Answer

A defendant's failure to respond to a complaint may result in a default judgment in favor of the plaintiff.The defendant may choose to respond by filing a demurrer or a motion to dismiss,the essence of which is to argue that even if the plaintiff's recitation of the facts is accurate,a claim on which relief can be granted has not been stated.

Question 5

To receive a court's attention,a litigant must demonstrate _____.That is,the person must show that her or his interest in the outcome of the controversy is sufficiently direct and substantial as to justify the court's consideration.

Accepted Answer

All who wish to bring a claim before a court will not be permitted to do so.To receive the court's attention,the litigant must demonstrate standing to sue.That is,the person must show that her or his interest in the outcome of the controversy is sufficiently direct and substantial as to justify the court's consideration.

Question 6

_____,one of the primary sources of U.S.law,prescribe the general structure of governments and provide protection for individual rights.

Accepted Answer

Constitutions are the supreme expressions of law at both the federal and state levels of government.Among other things,constitutions prescribe the general structure of governments and provide protection for individual rights.

Question 7

Which of the following statements is true about the doctrine of stare decisis?

Accepted Answer

The development of English common law and American judicial decisions into a just,ordered package is attributable in large measure to reliance on the doctrine of stare decisis (let the decision stand).That is,judges endeavor to follow the precedents established by previous decisions.Following precedent,however,is not mandatory.The principle of stare decisis is generally adhered to because of its beneficial effect.It offers the wisdom of the past and enhances efficiency by eliminating the need for resolving every case as though it were the first of its kind.Stare decisis affords stability and predictability to the law.

Question 8

Identify the category of law that deals with the relationship between government and the citizens.

Accepted Answer

Public law deals with the relationship between government and the citizens.Constitutional,criminal,and administrative law (relating to such bodies as the Federal Trade Commission) fall in the public law category.

Question 9

For felony cases,after an indictment or information,the accused individual is brought before the court for _____,where the charges are read and a plea is entered.

Accepted Answer

For felony cases,the process begins with the prosecuting officials either filing an information or seeking an indictment by bringing their charges before a grand jury of citizens to determine whether the charges have sufficient merit to justify a trial.After an indictment or information,the accused individual is brought before the court for arraignment,where the charges are read and a plea is entered.

Question 10

In the context of case briefs,_____ refers to noting the central question or questions on which a case turns.

Accepted Answer

Most students find the preparation of case briefs (outlines or digests) to be helpful in mastering the law.Issue refers to noting the central question or questions on which the case turns.

Question 11

In the context of the federal court system,virtually all parties seeking Supreme Court review must petition the Court for a _____,which commands the lower court to forward the trial records to the Court.

Accepted Answer

Almost all of the Supreme Court's work consists of reviewing lower court decisions,principally from the courts of appeal with a small number from state high courts.Virtually all parties seeking Supreme Court review must petition the Court for a writ of certiorari,which commands the lower court to forward the trial records to the Court.

Question 12

Which of the following statements accurately describes substantive laws?

Accepted Answer

Substantive laws create,define,and regulate legal rights and obligations.Thus,for example,the federal Civil Rights Act of 1964 forbids discrimination in employment and other matters.

Question 13

Which of the following statements is true about public law?

Accepted Answer

Public law deals with the relationship between government and the citizens.Constitutional,criminal,and administrative law (relating to such bodies as the Federal Trade Commission) fall in the public law category.

Question 14

In the civil trial process,_____ are the documents by which each party sets his or her initial case before the court.

Accepted Answer

Pleadings are the documents by which each party sets his or her initial case before the court.A civil action begins when a plaintiff files his or her first pleading,which is labeled a complaint.

Question 15

Which of the following categories of law regulates the legal relationship among individuals?

Accepted Answer

Private law regulates the legal relationship among individuals.Contracts,agency,and commercial paper are traditional business law topics in the private category.

Question 16

In the civil trial process,in response to a complaint the defendant may file with the court an initial pleading,called a(n) _____,wherein the defendant enters a denial by setting out his or her version of the facts and law,or in which the defendant simply concedes the validity of the plaintiff's position.

Accepted Answer

In the context of the civil trial process,a defendant has several options.He or she may file with the court an initial pleading,called an answer,wherein the defendant enters a denial by setting out his or her version of the facts and law,or in which the defendant simply concedes the validity of the plaintiff's position.The answer may also contain an affirmative defense,such as the statute of limitations or the statute of frauds that would bar the plaintiff's claim.

Question 17

Which of the following forms of jurisdiction imposes bounds on the classes of cases a court may hear?

Accepted Answer

Subject-matter jurisdiction imposes bounds on the classes of cases a court may hear.The legislation or constitution creating the court will normally specify that court's jurisdictional authority.

Question 18

According to Frederich von Hayek,law that secures _____ rights in modern society is a prerequisite to private enterprise.

Accepted Answer

According to Frederich von Hayek,law that secures property rights in modern society is a prerequisite to private enterprise.

Question 19

For felony cases,the criminal procedure begins with the prosecuting officials either filing an information or seeking a(n) _____ by bringing their charges before a grand jury of citizens to determine whether the charges have sufficient merit to justify a trial.

Accepted Answer