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BUL4310 Final Exam Questions and Answers
1.When Sara stole an apple from the grocery store, her mother made her return it. Sara complained that it was just one apple and the store would not notice. Her mother explained that if she began stealing apples, she would soon move on to stealing bigger things and start leading a dangerous life. Her mother said she would end up in jail because she would eventually get caught and she would live the rest of her life in a cell. Her mother is using the/a:: slippery slope argument 2.Brown v. Board of Education dealt most closely with which amendment to the U.S. Constitution?: 14th
- We have, in the United States, constitutional amendments.: 27 4.Choose the True statement:: John Locke promoted freedom and his ideas were influential in the development of the U.S. Constitution. 5.Which of the following has the oldest Constitution that is still in effect today?: massachusetts
- Choose the False statement:: The penumbras of the Constitution allow for the national laws to apply to state 1
cases as well. 7.The Sixth Circuit Court of Appeals just completed hearing arguments and was in the process of writing the opinion for the case. The court relied on established precedents in its circuit to write the opinion and hand down the order. This is an example of the court utilizing what system of law?: common law 8.Judge Moreno, a state trial court judge in Florida, decides the case that she is hearing by relying upon a recent Florida Supreme Court opinion as the basis for her ruling. This is an example of .: case law 9.Steven is 16 years old. On Saturday, May 2nd, Steven drove over to his father's house at 9:30 PM to watch a movie. On Tuesday, May 5th, Florida makes it illegal for a minor to drive after 8:30 PM, unless it is to or from the minor's employment. Steven is arrested on Thursday, May 7th. If the charges are dismissed, it is most likely because of what?: this is an ex post facto law 10.Rights under the 6th amendment include all of the following except the right to:: select the prosecutor
- Panem was founded on the idea that law should provide stability, order, and security. The people of Panem agreed to relinquish all of their rights (^2)
friend for help telling him what a Red Fire Truck case is. Which of the following explanation would Jon's friend give to Jon (assuming the friend knows what he is talking about)?: In order to prevent the defense from stating that the case used by the plaintiff-team to support its argument did not match the case at hand, a Red Fire Truck case is needed. 18.Which of the following is not an example of a situation that does not involve private law?: Bobby owns a tattoo shop. Florida recently enacted a law that places restrictions on a person's ability to get a tattoo. Bobby brings suit and alleges that the law interferes with people's right to expression. 19.Sarah and her husband are going through a divorce. She pays a hefty retainer to hire a well-dressed lawyer who excels in theatrics. Her strategy is to hire the lawyer most likely to sway the jury to her side. When Sarah arrives in court, she realizes that her plan turned out to be a failure as there is only a judge and no jury. What type of system is Sarah in?: Equity
- Choose the True statement:: The United States uses a common law judicial system, where the understanding of the law is developed through a progression of judicial rulings 21.Philosopher I was an optimist. He saw Law as an instrument to help people do what they desired. He lived in 4
the Age of Enlightenment, and his writings had a great influence on the founding fathers of the United States. Philosopher II served on the board of directors at a hospital, and when he died reputedly only included the hospital in his will if it would keep him as a "member" of the board? Philosopher III, while mired in the midst of a bloody civil war, 5
Murdock violated the newly formed law, he can be found guilty.: False, because it was not illegal at the time he did the stunt. 26.Mr. Holmes was drafting the Constitution for his new country, Baskervilles. Tyranny was rampant in the country where Mr. Holmes previously lived, so Mr. Holmes wanted Baskervilles to be a country that supported freedom. There- fore, he decided that the Baskervilles government should have a separation of powers as well as checks and balances in order to help preserve political liberty. Which philosopher would agree with the ideals upon which Mr. Holmes founded Baskervilles?: Montesquieu 27.Robert and his neighbor were in court over an incident involving two chickens, a brownie, and a wood chip blower. Robert was certain that the facts would support his case. When the judge ruled, she found Robert liable based on the state supreme court's decision in another case also involving two chickens, a brownie, and wood chip blower. Robert was shocked. What principle did the judge follow?: Stare decisis 28.Cole is not a fan of a recently passed alw. He believes it is morally wrong and has tried to convince the government to void the statute. His attempts fail, and Cole decides to protest 7
the law by breaking it. This is an example of:: Civil disobedience
- Which of the following examples best demonstrates the fundamental prin- ciple that the rule of law must be enforced in order to have meaning?: Judge 8
35.A federal law has recently been passed. The federal law prevents the disclosure of personal financial information in litigation unless there is a compelling public interest which is served by such disclosure. A state seeks to pass a state law which would further regulate the disclosure of personal financial information in litigation. Which of the following laws could a state pass?: A state seeks to pass a law which extends the privacy protection offered under federal law to require a four-part balancing test to determine whether the disclosure of personal financial information in litigation satisfies a compelling public interest. 36.Angela is the governor of Alabama. Angela recently implemented a new state law on foreign policy applicable exclusively within the Alabama border. Rachel, a resident of Alabama, files a case in Alabama federal court ques- tioning the constitutionality of this new law. Is it constitutional? Why or why not?: No, it is not constitutional. The states do not have jurisdiction over foreign policy.
- Michael was arrested for financial abuse of the elderly. As soon as Michael saw the officer he yelled, "you'll never find the money!" When the police officer was placing him in cuffs the officer said, "you have the right to remain silent. Anything you (^10)
say may be used as evidence against you. You have the right to 11
tion)? NOTE: The first name is the $200 Jeopardy answer, the second name is the $600 answer, and the last name is the $1,000 answer.: Who is Hobbes? Who is Montesquieu? Who is Locke? 40.Bob the Lawyer has tried many cases in the past. On the start of each case he is able to put all his old cases behind him to focus on the current case. However, there are some details he should not disregard. What are these?: Procedure 41.Which system of law, developed out of the tradition of Roman Law, is prevalent in most of Western Europe and Latin America?: civil law 42.Chandler likes Joey's shiny new red car. The next day Chandler punches Joey in the face, takes Joey's keys, and steals the car. While driving away, Chandler is caught going 50 miles over the speed limit and is given a ticket. In what courts of law can Chandler be pursued?: criminal and civil 43.Talia is accused of arson. She allegedly set a school on fire. Which amend- ment would give her the protection of the right to a speedy trial?: 6th
- Which judicial actions best represent stare decisis? The judge decides to:: Follow a higher court's ruling on the legal issue before the court 13
45.Which of the following areas of law would NOT be considered Private Law?: criminal law 46.How many Amendments are there to the U.S. Constitution?: 27 14
Supreme Court determined that pet owners could sue a veterinarian for negligence.Tony lives in an area governed by the rulings of the 3rd DCA and wants to sue his veterinarian for negligence. Based on the precedent, could Tony bring a suit against his veterinarian for negligence?: Yes, the Florida Supreme Court's holdings are binding on all lower Florida courts. 51.Lizzie the law student reads two conflicting statutes— one state (published in 1950), one federal (published in 1975)— about interstate commerce. Which statute would prevail?: The federal statute, because of the supremacy clause 52.The power to tax was brought into question in NFIB v. Sebelius in 2012.The tax was upheld because:: The penalties were taxes intended to raise money, not serve as punishments 53.Jamie is an accomplished fencer. His skills are so impressive that he has received a full-ride scholarship to a prestigious school in Romania. Prior to the start of term, Jamie is working with his friend Locke to build a birdhouse. The two boys use a table saw to cut the larger pieces of wood into more manageable pieces, and in a freak accident, Locke cuts off Jamie's hand - effectively ending his fencing career and any chance of him attending the school in 16
Romania. In a fit of rage, Jamie decides to cut off Locke's hand. This is an example of:: Lex Talionis 17
open last week in downtown Gainesville. Frida finds an identical case which was presented to the Georgia Supreme Court; that court ruled in favor of the plaintiff. Must the Florida court rule in Frida's favor because of the Georgia Supreme Court case?: No, because the case is only persuasive; the judge may take this case into consideration, but it is NOT binding. 58.Common law is distinct from the Civil Law (Code system - the Roman Law). In judge-made law (the common law system), the law bubbles up from court cases, as decisions are written down and put in yearbooks. The result is that the law increasingly becomes universal, understood, and spread throughout the kingdom. Which of the following is true?: Nowadays, the common law is found principally in English speaking countries. 59.In which of the following cases would a contingency fee NOT be permit- ted?: A case in the United States in which you are charged with driving under the influence
- Alonso is Jaina's attorney, representing Jaina in a civil suit against Jaina's neighbor. While Jaina is still his client, Jaina tells Alonso in confidence that her business is failing. After the case is over and Alonso is no longer providing any services to Jaina, Alonso tells a competitor of Jaina that 19
Jaina's business is very likely to fail. Alonso is violating:: Attorney-Client Privilege
- Alexis is a public defender and her client, Pete, is accused of multiple murders and kidnapping. While the two were speaking, Pete mentioned that 20
