1.
When Amber moved into her community and wanted to start a home-based business, the city required her to purchase a $20 permit and to register her business name with the local county government. This situation is an example of a(n)
Correct Answer
B. Ordinance.
Explanation
The situation described in the question is an example of an ordinance. An ordinance is a law or regulation enacted by a local government, such as a city or county, that applies to a specific area or community. In this case, the city requiring Amber to purchase a permit and register her business name with the local county government is a local regulation or law, which is typically referred to as an ordinance. Constitutional law refers to the fundamental laws and principles outlined in a country's constitution, while criminal law pertains to laws that define and regulate criminal offenses. Both of these options are not applicable in this scenario.
2.
The power to hear a case:
Correct Answer
A. Jurisdiction.
Explanation
Jurisdiction refers to the power or authority of a court to hear and decide a case. It determines whether a court has the legal right to adjudicate a particular matter. The term "long arm of the law" refers to the ability of the legal system to reach individuals or entities outside its geographical boundaries. The Supreme Court is the highest court in the judicial system and has the authority to hear certain types of cases, but it is not directly related to the power to hear a case as jurisdiction is.
3.
In order to provide stability to a legal system, courts use prior cases as a guide for deciding similar new cases. These prior cases are known as:
Correct Answer
D. Precedents.
Explanation
Courts use prior cases as a guide for deciding similar new cases in order to provide stability to a legal system. These prior cases, known as precedents, serve as a reference point for judges to make consistent and fair decisions. By following established precedents, courts ensure that similar cases are treated similarly, promoting predictability and uniformity in the legal system. This practice also allows for the development of legal principles and doctrines over time, shaping the evolution of the law.
4.
Joe and Haley own and operate a trucking company in which they transport goods and supplies from their home state to 43 other states in the United States. Who has the power to provide regulations that Joe and Haley must follow in their type of commerce?
Correct Answer
A. Federal government
Explanation
The federal government has the power to provide regulations that Joe and Haley must follow in their type of commerce because they transport goods and supplies across state lines. The federal government has the authority to regulate interstate commerce, which includes trucking companies that operate across multiple states. State governments can also have regulations in place, but the federal government's regulations take precedence in interstate commerce. Therefore, both the federal government and state governments may have regulations that Joe and Haley must comply with, making the correct answer "both a and b".
5.
The document that sets forth the framework of a government and its relationship to the people it governs is
Correct Answer
C. A constitution.
Explanation
The document that sets forth the framework of a government and its relationship to the people it governs is a constitution. A constitution is a fundamental law that establishes the structure and powers of the government, defines the rights and responsibilities of citizens, and serves as a framework for the governance of a country or organization. It outlines the principles, institutions, and processes that govern the political system and ensures the protection of individual rights and freedoms. The Bill of Rights is a specific part of a constitution that guarantees certain fundamental rights and freedoms to the people. An ordinance is a local law or regulation, and the UCC refers to the Uniform Commercial Code, which is a set of standardized laws governing commercial transactions in the United States.
6.
If a state constitution and the U.S. Constitution conflict, which prevails?
Correct Answer
B. The US Constitution
Explanation
If a state constitution and the U.S. Constitution conflict, the U.S. Constitution prevails. This is because the U.S. Constitution is the supreme law of the land and takes precedence over any state constitution. The Supremacy Clause in Article VI of the U.S. Constitution establishes that federal law, including the U.S. Constitution, is the supreme law of the land, and state laws and constitutions must comply with it. The Supreme Court is the ultimate interpreter of the U.S. Constitution and has the authority to resolve conflicts between state and federal law. The State Supreme Court does not have the final say in such conflicts.
7.
What does the acronym ORC stand for?
Correct Answer
A. Ohio Revised Code
Explanation
The acronym ORC stands for Ohio Revised Code. This is a set of laws and regulations in the state of Ohio that have been revised and updated over time. The Ohio Revised Code serves as a comprehensive legal reference for individuals, businesses, and government entities in Ohio, providing information on various legal matters such as criminal offenses, property rights, and administrative procedures.
8.
The panel of citizens chosen to help interpret a region’s customs for a court is referred to today as a(n)
Correct Answer
C. Jury
Explanation
The panel of citizens chosen to help interpret a region's customs for a court is referred to today as a jury. A jury is a group of individuals selected to hear evidence and make a decision in a legal case. They are responsible for evaluating the facts presented and determining the guilt or innocence of the accused. The use of a jury allows for a fair and impartial decision-making process, as it includes a diverse group of individuals from the community who bring their own perspectives and experiences to the case.
9.
4 or more people that have disorderly conduct with the idea to commit a crime
Correct Answer
B. Riot.
Explanation
The correct answer is "riot." A riot refers to a situation where four or more people engage in disorderly conduct with the intention of committing a crime. In this context, the disorderly conduct and criminal intent differentiate a riot from other options like a political protest, meeting, or civil disobedience. A riot typically involves violence, destruction of property, and a lack of control, making it the most appropriate answer in this scenario.
10.
Laws made by administrative agencies are often called
Correct Answer
B. Rules and regulations.
Explanation
Laws made by administrative agencies are often referred to as rules and regulations because these agencies have the authority to create and enforce regulations that govern specific industries or activities. These rules and regulations are typically more detailed and specific than general laws passed by legislative bodies. They provide guidelines and standards that individuals and organizations must follow to ensure compliance with the law. Therefore, rules and regulations is the most appropriate term to describe the laws made by administrative agencies.
11.
Serious harm to an occupied structure and or its contents?
Correct Answer
B. Vandalism
Explanation
Vandalism refers to the act of intentionally damaging or destroying property, including occupied structures and their contents. It involves defacing, breaking, or ruining the property without any lawful justification. The other options, such as criminal damaging, arson, and robbery, may also cause harm to an occupied structure, but they involve different intentions or elements. Criminal damaging may involve intentionally damaging property, but it may not necessarily be for the purpose of causing harm to an occupied structure. Arson involves intentionally setting fire to a property, and robbery involves stealing from a person or property, but they may not specifically target occupied structures.
12.
Which of the following is not a US Special Court?
Correct Answer
E. US Supreme Court
Explanation
The US Supreme Court is not a US Special Court because it is the highest court in the United States and is not limited to specific areas of law. It has the power of judicial review and can hear cases from all levels of the federal and state courts. In contrast, the other options listed are all specialized courts that have jurisdiction over specific types of cases, such as claims against the government, international trade disputes, military appeals, and tax-related matters.
13.
True of False. Our law codes are similar to those of civilizations thousands of years old.
Correct Answer
A. True
Explanation
Our law codes are similar to those of civilizations thousands of years old because the foundations of modern legal systems can be traced back to ancient civilizations. Many principles and concepts, such as the presumption of innocence and the idea of a fair trial, originated in ancient societies like Mesopotamia, Egypt, and Greece. These ideas have been passed down through generations and have influenced the development of modern legal systems around the world. Therefore, it is true that our law codes have similarities to those of civilizations that existed thousands of years ago.
14.
The Supreme Court of the United States is the final interpreter of the federal Constitution.
Correct Answer
A. True
Explanation
The Supreme Court of the United States is indeed the final interpreter of the federal Constitution. As the highest court in the land, the Supreme Court has the authority to interpret the Constitution and make decisions on its constitutionality. This means that its interpretations of the Constitution are binding and cannot be overruled by any other court. The Supreme Court plays a crucial role in shaping the interpretation and application of the Constitution, making this statement true.
15.
The 6th Amendment deals with your Miranda Rights
Correct Answer
B. False
Explanation
The 6th Amendment actually deals with the rights of criminal defendants in the United States, such as the right to a speedy and public trial, the right to an impartial jury, the right to confront witnesses, and the right to legal counsel. Miranda rights, on the other hand, are derived from the 5th Amendment and refer to the rights of individuals in police custody, including the right to remain silent and the right to have an attorney present during questioning. Therefore, the statement that the 6th Amendment deals with Miranda Rights is false.
16.
An arrest deprives you of your freedom.
Correct Answer
A. True
Explanation
An arrest is a legal action taken by authorities to detain an individual suspected of committing a crime. When someone is arrested, they are typically taken into custody and their freedom is restricted. They are no longer able to move freely, make decisions independently, or engage in their regular activities. Therefore, it can be concluded that an arrest does indeed deprive a person of their freedom.
17.
True or False. To have criminal intent the defendant doesn't have to intend to commit the criminal act.
Correct Answer
B. False
Explanation
The correct answer is False. This means that to have criminal intent, the defendant must intend to commit the criminal act. In other words, in order to be found guilty of a crime, it is necessary for the defendant to have the intention or purpose to engage in the illegal behavior. Without this intent, it is unlikely that the defendant can be held responsible for the criminal act.
18.
The major difference between murder and manslaughter is that with murder there is evil intent or malice, but not in manslaughter.
Correct Answer
A. True
Explanation
The explanation for the given answer is that murder involves the deliberate and intentional killing of another person with malice or evil intent. On the other hand, manslaughter refers to the unintentional killing of another person without malice or evil intent. Therefore, the major difference between murder and manslaughter lies in the presence or absence of evil intent or malice.
19.
Can the state take your life, liberty or property without due process? Answer Yes or No
Correct Answer
B. No
Explanation
The answer is "No" because according to the principle of due process, the state cannot take away an individual's life, liberty, or property without following the legal procedures and providing fair treatment. Due process ensures that individuals have the right to be heard, present evidence, and receive a fair trial before any deprivation of life, liberty, or property occurs. This principle is a fundamental aspect of many legal systems, including the United States Constitution.
20.
____________________ is a written accusation issued by the grand jury charging an individual(s) named in it with a certain crime.
Correct Answer
C. Indictment
Explanation
An indictment is a written accusation issued by the grand jury charging an individual(s) named in it with a certain crime. It is a formal document that outlines the specific charges against the accused and initiates the legal process of prosecuting them. Indictments are typically based on evidence presented by the prosecution and reviewed by the grand jury, who determine if there is enough evidence to proceed with a trial. Once an indictment is issued, the accused is formally charged with the crime and the legal proceedings against them begin.
21.
True or False. When you are convicted of a crime the state or federal government can take your life, liberty or property.
Correct Answer
A. True
Explanation
When a person is convicted of a crime, the state or federal government has the authority to impose penalties that can include taking away their life, liberty, or property. This means that the convicted individual may face the death penalty, imprisonment, or the confiscation of their assets as a consequence of their actions.
22.
True or False. For an act to be consider a crime the act must take place in which the law forbids or failure to do something that the law requires.
Correct Answer
A. True
Explanation
An act can only be considered a crime if it takes place in violation of a law or if someone fails to do something that the law requires. This means that for an act to be legally classified as a crime, it must be explicitly prohibited by the law or there must be a legal obligation to perform a certain action that is not fulfilled. Therefore, the statement "For an act to be considered a crime, the act must take place in which the law forbids or failure to do something that the law requires" is true.
23.
Taylor, age 17, is driving to school tomorrow and is pulled over for speeding will she have to go to court? YES or NO.
Correct Answer
A. Yes
Explanation
Taylor, being pulled over for speeding, will likely have to go to court because it is a common procedure when someone is issued a traffic ticket. Going to court allows individuals to contest the ticket, present their case, or negotiate a plea deal. However, the specific outcome may vary depending on the circumstances, local laws, and the discretion of the judge.
24.
True or False. In the cases of Bethel vs. Frasier (speech about his candidate for Student Vice President) & Morse vs. Frederick (Bong Hits For Jesus – banner) they both went to the US Supreme Court and the court found in favor of the school districts in their punishments handed down to the students.
Correct Answer
A. True
Explanation
In both cases of Bethel vs. Frasier and Morse vs. Frederick, the US Supreme Court ruled in favor of the school districts in their punishments given to the students. In Bethel vs. Frasier, the court determined that schools have the right to regulate lewd and indecent speech that is inconsistent with the educational mission. In Morse vs. Frederick, the court concluded that schools can restrict student speech that promotes illegal drug use. Therefore, the correct answer is true.
25.
True or False. Since you are minor it is okay for you to download music from a peer-to-peer file sharing program like LimeWire or FrostWire because even if you are caught your guardians will not be responsible for the fines at a minimum of $750.00 per song?
Correct Answer
B. False
Explanation
Downloading music from a peer-to-peer file sharing program like LimeWire or FrostWire as a minor does not exempt you from legal consequences. Even if you are caught, your guardians can still be held responsible for the fines, which can be at a minimum of $750.00 per song. Therefore, it is not okay for a minor to download music from such platforms.
26.
Yes or No. Since from age 7 to age 15 they (the state/prosecutor) would have to prove knowledge of a common person it is reasonable to assume that everyone now charged with a crime will be tried in adult court?
Correct Answer
B. No
Explanation
The given answer is "No" because the fact that the state/prosecutor would have to prove knowledge of a common person from age 7 to age 15 does not necessarily imply that everyone charged with a crime will be tried in adult court. The requirement of proving knowledge of a common person may be applicable to a specific age group or certain types of crimes, but it does not automatically determine the court in which a person will be tried.
27.
True or False. If you, at age 18, are arrested and you go to a trial can the jury pool contain Mr. Kemen, a 72 year old grandma, Robert who is 18, a single mother of two and a fireman?
Correct Answer
A. True
Explanation
The jury pool can contain individuals from various backgrounds and demographics, including people of different ages, occupations, and family situations. Therefore, it is possible for the jury pool to include Mr. Kemen, a 72-year-old grandma, Robert who is 18, a single mother of two, and a fireman.
28.
True or False. Since all states are under the US Constitution we don’t have to specify that stealing is a crime in the State of Ohio.
Correct Answer
B. False
Explanation
The statement is false because even though all states are under the US Constitution, it is still necessary to specify that stealing is a crime in the State of Ohio. Each state has its own set of laws and regulations, and while stealing may be considered a crime in general, the specific definition and penalties may vary from state to state. Therefore, it is important to specify that stealing is a crime in the State of Ohio to ensure that individuals are aware of the consequences and legal implications in that particular jurisdiction.
29.
True or False. A public wrong is committed against a company?
Correct Answer
B. False
Explanation
A public wrong is not committed against a company. A public wrong refers to an offense or violation that harms the general public or society as a whole, rather than a specific individual or organization. While a company may be affected by a public wrong, it is not the direct target or victim of such an offense. Therefore, the statement that a public wrong is committed against a company is false.
30.
True or False. Discussing the state court’s intermediate appellate courts - It is only when the evidence shows that a judge or jury has been prejudiced and has decided against the evidence presented in the trial that this court will review the facts?
Correct Answer
A. True
Explanation
The statement is true. Intermediate appellate courts in state courts typically review cases to determine if there were any errors in the application of the law or legal procedures during the trial. They generally do not review the facts of the case unless there is evidence of prejudice or a clear error in the decision-making process. In such cases, the appellate court may review the facts to ensure a fair and just outcome.
31.
True or False. The US Supreme Court is the highest court in the land?
Correct Answer
A. True
Explanation
The US Supreme Court is indeed the highest court in the land. It is the final authority on interpreting the Constitution and has the power to make decisions that are binding on all lower courts. The Supreme Court consists of nine justices who are appointed for life, and their rulings have a significant impact on the laws and rights of individuals in the United States.
32.
Yes or No. Can the US Supreme Court make law?
Correct Answer
A. Yes
Explanation
The US Supreme Court has the power to make law through its interpretation of the Constitution. When the Court issues a decision, it becomes binding precedent and sets a legal standard that lower courts must follow. This process of establishing legal principles is known as common law. Additionally, the Court can also shape policy through its interpretation of federal laws and regulations. However, it is important to note that the Court's role is primarily to interpret and apply existing laws, not to create new ones.
33.
True or False. There are at least 2 district courts in each state.
Correct Answer
B. False
Explanation
The statement "There are at least 2 district courts in each state" is false. In reality, the number of district courts in each state can vary. Some states may have only one district court, while others may have multiple district courts depending on their population and judicial system. Therefore, it is not accurate to claim that every state has at least 2 district courts.
34.
True or False. Most laws in the US have been in place for the last 10 years or less because they always change?
Correct Answer
B. False
Explanation
Most laws in the US have not been in place for the last 10 years or less because they always change. This statement suggests that laws in the US are constantly changing, which is not true. While some laws may be updated or repealed over time, many laws remain in place for long periods, providing stability and consistency in the legal system. Therefore, the correct answer is False.
35.
True or False. The United States Government cannot make it a law to pay taxes?
Correct Answer
B. False
Explanation
The given answer, False, is correct. The United States Government can indeed make it a law to pay taxes. In fact, the government has the authority to levy taxes on its citizens and enforce the collection of those taxes through various means. Failure to pay taxes can lead to legal consequences such as fines or even imprisonment. Therefore, it is incorrect to say that the United States Government cannot make it a law to pay taxes.
36.
True or False. A situation where someone is charged with child stealing is usually a divorce-type situation?
Correct Answer
A. True
Explanation
In most cases, a situation where someone is charged with child stealing is indeed related to a divorce-type situation. Child stealing typically occurs when one parent unlawfully takes or keeps a child without the consent of the other parent or legal guardian, often during or after a divorce or custody dispute. This charge is commonly associated with disputes over child custody and visitation rights, making the statement "True."
37.
True or False. Nathaniel Brazill was sentenced to life in prison?
Correct Answer
B. False
Explanation
Nathaniel Brazill was not sentenced to life in prison.
38.
Yes or No. To create the risk of physical harm as part of an initiation, to be part of a group of organization is called coercion?
Correct Answer
B. No
Explanation
Coercion refers to the act of using force or threats to make someone do something against their will. In the given question, the scenario described involves creating the risk of physical harm as part of an initiation. While this may be seen as a form of pressure or intimidation, it does not necessarily involve the use of force or threats. Therefore, it does not fit the definition of coercion, making the correct answer "No".
39.
True or False. If you are a juvenile charged with a crime it is called juvenile delinquency.
Correct Answer
A. True
Explanation
Juvenile delinquency refers to the illegal or antisocial behavior committed by individuals who are considered minors under the age of 18. When a juvenile is charged with a crime, it is indeed referred to as juvenile delinquency. This term distinguishes the criminal behavior of minors from that of adults, as the legal system recognizes the need for different approaches and considerations when dealing with juvenile offenders.
40.
Amber age 17 attempts to buy a case of beer from a local convenience store – would she be charged with a FELONY or a MISDEMEANOR?
Correct Answer
B. Misdemeanor
Explanation
In most jurisdictions, the legal drinking age is 21. Since Amber is only 17, she is underage and attempting to buy alcohol illegally. This act would typically be considered a misdemeanor, which is a less serious offense compared to a felony.
41.
______________ - charges - bail set - municipal court (within a couple of days)?
Correct Answer
A. Arraignment
Explanation
Arraignment is the correct answer because it is a legal proceeding where the charges against a defendant are read, and they are asked to enter a plea of guilty or not guilty. Bail is often set during the arraignment, and it typically takes place within a couple of days after the defendant's arrest. The term "municipal court" suggests that the charges are being heard at a local level, further indicating that arraignment is the appropriate term for this situation.
42.
What is another name for a frisk? __________ Stop (hint we watched a video on this in class)
Correct Answer
Terry
terry stop
terri
tery
Terry Stop
Explanation
The correct answer for another name for a frisk is a Terry stop. In class, a video was watched that discussed this term, which is why it was mentioned in the hint. The other options listed, such as Terry, terri, and tery, are variations or misspellings of the correct term.
43.
OJ Simpson comes out after being found not guilt and says, “I did it, I killed both of them!” He could do that because of __________ __________
Correct Answer
double jeopardy
5th amendment
fifth amendment
Explanation
The correct answer is double jeopardy, 5th amendment, fifth amendment. Double jeopardy is a legal principle that protects individuals from being tried for the same crime twice. The 5th Amendment of the United States Constitution includes the double jeopardy clause, which prevents a person from being prosecuted for the same offense after being acquitted. This means that even if OJ Simpson admits to the crime after being found not guilty, he cannot be tried again due to the protection provided by the double jeopardy clause.
44.
True or False. A person cannot be accused of a crime if the accusation is based on a persons status or condition
Correct Answer
True
T
Explanation
A person cannot be accused of a crime solely based on their status or condition. Accusations should be based on evidence and actions that directly relate to the alleged crime. It is unfair and unjust to accuse someone of a crime simply because of their status or condition, as it goes against the principles of equality and due process.
45.
What are the first ten Amendments to the US Constitution called?
Correct Answer
Bill of Rights
Explanation
The first ten Amendments to the US Constitution are called the Bill of Rights. The Bill of Rights was added to the Constitution in 1791 and guarantees individual rights and freedoms, such as freedom of speech, religion, and the right to a fair trial. It was added to address concerns that the original Constitution did not provide enough protection for individual liberties. The Bill of Rights is an important part of the Constitution and has had a significant impact on shaping American law and society.
46.
What Amendment deals with your Miranda Rights?
Correct Answer
Fifth Amendment
Fifth
5th
5th amendment
Explanation
The correct answer is the Fifth Amendment. The Fifth Amendment to the United States Constitution deals with Miranda Rights, which include the right to remain silent, the right to an attorney, and the warning that anything you say can be used against you in a court of law.
47.
In the Fourth Amendment, if evidence is obtained illegally and cannot be used in court it is called the rule.
Correct Answer
exclusionary
exclusion
excluded
Explanation
The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures. The exclusionary rule is a legal principle that states that evidence obtained illegally by law enforcement cannot be used against a defendant in court. This rule is meant to deter law enforcement from violating individuals' constitutional rights. Therefore, the correct answer is "exclusionary" as it accurately describes the rule that prohibits the use of illegally obtained evidence in court. The other options, "exclusion" and "excluded," are related terms but do not specifically refer to the legal principle described in the question.
48.
When a law enforcement officer frisks you they are looking for two things one is drugs the other is?
Correct Answer
guns
weapons
gun
weapon
Explanation
When a law enforcement officer frisks you, they are looking for two things: drugs and weapons. This is because both drugs and weapons are considered illegal and can pose a threat to public safety. By searching for these items during a frisk, the officer aims to ensure that individuals are not carrying any dangerous or prohibited items that could potentially harm others or be used in criminal activities.
49.
Name one of the three main branches of government?
Correct Answer
Executive
Legislative
Judicial
Explanation
The three main branches of government are the Executive, Legislative, and Judicial branches. The Executive branch is responsible for enforcing laws and is headed by the President or Prime Minister. The Legislative branch is responsible for making laws and is composed of the Congress or Parliament. The Judicial branch is responsible for interpreting laws and is made up of the courts and judges. These three branches work together to ensure a system of checks and balances in the government.
50.
What are the two elements of crime?
Correct Answer
CRIMINAL ACT & REQUIRED STATE OF MIND
Explanation
The two elements of crime are the criminal act and the required state of mind. The criminal act refers to the physical action or behavior that is considered illegal, such as theft or assault. The required state of mind refers to the mental state or intent of the person committing the act, such as knowingly or intentionally engaging in the illegal behavior. Both elements must be present for an act to be considered a crime.