LAW & YOU UNIT 1 TEST: CHAPTERS 1-5 - District 95

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LAW & YOU UNIT 1 TEST: CHAPTERS 1-5. Section I: Identify Legal Terms. Directions: Match each statement or definition with the correct term and mark on your ...

LAW & YOU UNIT 1 TEST: CHAPTERS 1-5 Section I: Identify Legal Terms. Directions: Match each statement or definition with the correct term and mark on your answer sheet A. Trial Courts

1. Pronounced by judges, based on current standards or customs of the people.

B. Bill of Rights

2. Limited to granting the remedy of damages.

C. Cyberlaw

3. Usually made after a trial has ended and one of the parties has appealed the

D. Case law

result to a higher court

E. Civil law

4. Governs the violation of the private legal rights of an individual

AB. U.S. Constitution

5. Deals with the methods of enforcing legal rights and duties.

AC. Common law

6. First ten amendments to the constitution

AD. Declaration of

7. Proclaimed the freedom of the original thirteen American colonies from rule by

Independence

the King of Great Britain

AE. Equity courts

8.The supreme law of the land.

BC. Larceny

9. First to hear a dispute.

BD. Common law courts

10. A monetary award intended to compensate the injured party for harm

BE. Compensatory Damages

done to him or her.

CD. Positive law

11. The practice of sending unrequested bulk e-mail to thousands of

CE. Spamming

potential customers via the Internet

DE. Procedural law

12. Law that is intended to govern the use of computers in e-commerce 13. Variations include robbery and burglary.

Section II-Think critically about legal concepts Directions: Place a T for True or an F for false in the Answers column to show whether each of the following statements is true or false 14. The existence of both the Senate and the House of Representatives allows for various checks and balances. 15. An arbitrator’s decision, unlike that of a mediator, is not binding on the parties. 16. Small claims courts deal with children under the age of 16. 17. A person threatening unwanted sexual touching by attempting to kiss you is committing a form of assault. 18. Conspiracy is a crime separate from the crime the parties planned to commit. 19. If a domesticated animal has exhibited dangerous behavior in the past, the owner becomes strictly liable for any harmful actions of the animal in the future. 20. Helping someone to commit a crime, but not actually taking an active part in the crime itself, relieves the person from all responsibility. 21. Obscenity is determined by applying a nationwide standard. 22. When the state has proved beyond a reasonable doubt that the defendant is guilty, there is no possible defense to escape liability.

23. Crimes are offenses against society and torts are offenses against individuals. 24. In civil cases there is always a right to a trial by jury. 25. The crime of retail theft over $150 is considered a felony offense. Section III – Applying Legal Practices Directions: read the question, select the best answer and record on your answer sheet. 26. Which of the following is NOT granted by the Bill of Rights? (a) freedom to assemble, (b) freedom from prosecution, (c) freedom press, (d) freedom of speech 27. The judicial power of the United States shall be vested in: (a) the President and the Supreme Court, (b) the President and the Congress, (c) the Supreme Court and Congressional-ordained inferior courts, (d) the Congress and the Senate 28. Which court has original jurisdiction over federal questions and lawsuits between citizens of different states? (a) federal district courts, (b) federal courts of appeals, (c) U.S. Supreme Court, (d) state supreme courts 29. A duty to do or not to do a certain thing, an act or omission in violation of that duty, and criminal intent are (a) elements of a trial, (b) elements of a tort, (c) elements of a crime, (d) none of these 30. Murder, kidnapping & perjury are all examples of __________, disorderly conduct & speeding are examples of ____________ and littering & parking violations are ____________. (a) crimes; torts; infractions (b) torts; crimes; misdemeanors (c) misdemeanors; felonies; crimes (d) felonies; misdemeanors; infractions 31. Which of the following is the most important right of an accused criminal? (a) the right to be treated fairly, (b) the right to be represented by a lawyer, (c) the right to make a phone call, (d) the right to a private cell 32. Elements of a tort are (a) duty and breach, (b) injury and causation, (c) both a and b, (d) none of these 33. The most common example of vicarious liability is (a) an employer for the acts of employees, (b) a parent for the acts of a child, (c) both a and b, (d) none of these 34. All of the following are considered white-collar crimes EXCEPT: (a) tax evasion, (b) embezzlement, (c) arson, (d) check fraud 35. After the terrorist attack of 9/11, President Bush signed the Executive Order authorizing certain non-citizens to be detained at Guantanamo Bay, Cuba, without allowing counsel appointed to represent them in order to challenge their detainment. Yassir wishes to challenge this Executive Order. Which court is going to hear this case? (a) federal district court, (b) State Supreme Court, (c) U.S. Supreme Court, (d) cannot be challenged 36. If you engage in abnormally dangerous activities such as target practice or owning pitbulls and someone is injured as a result, you will be liable. This is known as: (a) Strict Liability, (b) Vicarious Liability, (c) Negligent Liability, (d) Unrestricted Liability 37. Knowledge of an impending act of physical harm is known as _________, while the actual offensive touching is known as _________. Both are _____. (a) Assault; Battery; Crimes, (b)Battery; Assault; Torts, (c) Arson; Battery; Torts, (d) Assault; Battery; Torts

38. In defamation cases, ________is spoken, ______ is written. (a) slander; converter, (b) libel, slander, (c) converter, libel, (d) slander, libel 39. The general duty imposed by negligence law is the ____________ standard. This sets the standard of duty against which the defendant’s actions will be compared. (a) privacy, (b) common law, (c) reasonable-person, (d) breach of duty 40. The most common tort is: (a) fraud, (b) negligence, (c) assault, (d) trespassing Section IV Case Matching: You may select more than one response to each question 41. The case of Texas v. Johnson involved the issue(s) a. Flag burning b. Illegal search and seizure c. 1st amendment rights d. Self-incrimination 42. The case of Miranda v. Arizona involved the issue(s) a. Self-incrimination b. Due Process c. Obscenity d. 1st amendment rights 43. The case of Roe v. Wade involves the issue(s) of a. Student Speech b. Obscenity c. 1st amendment rights d. Women’s rights 44. The case of Miller v. California involves the issue(s) of a. Self-incrimination b. State Jurisdiction c. Obscenity d. 1st amendment rights 45. The case of Burger King v. Rudzewick involved the issue(s) of: a. State Jurisdiction b. Franchising Rights & Responsibilities c. Self-Incrimination d. 1st amendment rights 46. The case of The People of the State of Illinois vs. Larry Eyler involved the issue(s) of a. The confession of 21 murders b. 4th amendment rights c. Burden of Proof d. Beyond a Reasonable Doubt 47. The case of The People of the State of Illinois vs. David Hendricks involved the issue(s) of : a. Burden of Proof b. Beyond a Reasonable Doubt c. 1st amendment rights d. Quadruple homicide

48. The case of Hustler Magazine, Inc. v. Falwell involved the issue(s) of: a. Satires & Parodies b. Burden of Proof c. Beyond a Reasonable Doubt d. 1st amendment rights

49. The case of New Jersey v. T.L.O. involved the issue(s) a. Student Speech b. Franchising Rights & Responsibilities c. 1st amendment rights d. Self-incrimination 50. The case of The People of the State of California v. Orenthal James Simpson involved the issue(s) a. Crime of Homicide b. Perjury c. Civil Suit of Wrongful Death d. Self-incrimination Part V: Short Answer Questions Directions: Pick ONLY 4 of the 5 cases to answer. Use the space provided on your answer sheet and explain all answers thoroughly to receive full credit. Number each response & use the back if necessary. 5 pts each – 20 points total. 51. Jessica was driving down the street when she failed to stop at a red traffic light. Seeing a police car approaching in her rear view mirror, she speed up to avoid being caught. She then lost control of her car and crashed through the wall of a convenience store. Did she violate a civil or criminal law, or both? What penalties may she face? Explain all parts. 52. Your city council wants to use tax money to build a sports stadium for its professional football team. You prepare a brochure listing your objections to the plan. You and a group of friends are standing on the street handing out the brochures when you are taken into custody by the police. Your literature is confiscated, you are fined $5,000, and you are told not to discuss the issue with your friends again. Which 3 Amendments in the Bill of Rights have been violated in your situation? Explain why. 53. The local mall fielded complaints about roaming groups of teenagers frightening away the clientele. In an effort to address the shopkeeper’s concerns, the mall has posted a sign that limits the numbers of teenagers who can enter the mall and travel through it together to two. What possible constitutional violations could this ban create? Explain. 54. Vanden Haeger lives in a town that requires its neighbors to maintain the sidewalks in front of their homes. Vanden’s elderly neighbor, Alec Nemec, trips over a large crack in Vanden’s sidewalk. His knee injury requires surgery & 3 months of rehabilitation so he plans to sue Vanden. Vanden is sure Alec will win & he will be forced to pay medical bills plus expensive court costs. What alternatives to litigation might Vanden pursue with Alec? 55. Alex Lai is the Mayor of a small town and he is caught having an affair with his secretary. Marissa Remblake reports his infidelity in the local newspaper. Alex receives ridicule in letters to the editor, becomes separated from his wife and resigns from his position due to protesting citizens. Ex-Mayor Lai files a defamation lawsuit against Mrs. Remblake. Does he have a case, why or why not?

Extra Credit: List as many of the current justices on the Supreme Court as you can. 1/2 point for each listed.