Bus Law

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criminal-purpose

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to punish

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Criminal Burden of proof

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goverment-prove defendant guilty BEYOND A REASONABLE DOUBT

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Criminal- against what?

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society

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civil who files claim and what are they called

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government, prosecution

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criminal punishments-

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jial, fine to pay gov, death

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two types of criminal crimes

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felonies and misdemeanors

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felonies max sentence

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more than 1 yr

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misdameanors max sentence

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less than yr

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Civil purpose

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to compensate

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civil- burden of proof

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on plaintiff person filling the lawsuit

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punitive damages in civil case under contract law are______ awarded

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never

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civil- under tort law punitive damages are awarded if 1. 2. 3.

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1. malicious intent
2. gross negligence
3. willful disregard for the rights of others

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civil- when can burden of proff sift to defendant?

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prima facie case

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In civil litigation, the plaintiff wins if

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there is more than a 50% probability that the defendant was negligent in causing the plaintiff's injury

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who creates consitiutional law

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U.S. and States

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The doctrine that requires judges to follow decisions of earlier courts when presented with a similar set of circumstances is known as

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Stare decisis

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The notice to the defendant that a suit has been filed is called:

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A summons*

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The power of a court to hear and determine a matter before it is called:

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Jurisdiction

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Johnson was driving in state A. He is a citizen of state A and strikes Smith who is a citizen of state B causing no personal injury to B but damaging the fender of B's car. The accident happens in state A.

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Smith may sue Johnson in the state courts of state A.*

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All of the following are necessary elements of negligence

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duty of care.
b. breach of duty.
c. injury.
d. proximate cause.

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The following is not an example of an intentional tort

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A. Negligence*

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Which of the following classifications of law make a distinction based upon whether the state or an individual brings the action?

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Civil and criminal*

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In an ordinary civil action the burden of proof is

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Preponderance of the evidence*

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Tom, a senior at Ragsdale High School, is approached by the principal and is informed he is expelled from school because of suspected marijuana use. Tom is given no notice and no hearing before being expelled. Such action is probably a violation of his ________.

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Fifth Amendment and Fourteenth Amendment rights insuring due process of law.*

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In the case of Coman v. Thomas Manufacturing Co., Inc. the N.C. Supreme Court imposed radical new restrictions on the ability of employers to discharge unsatisfactory ___________.

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Employment-at-will employees*

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A defendant in a negligence action brought in N.C. has a defense to the claim of a plaintiff if he/she can prove:

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Contributory negligence*

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Traditionally, a plaintiff in an action for the tort of negligence must prove that

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Defendant's action proximately caused injury to plaintiff.*

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Jim, a millionaire, sued the city because he believes both the mayor and managing director should be taking steps to care for the homeless. His case was dismissed because of lack of:

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standing to sue*

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Which of the following statements regarding state courts is correct?

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Under the supremacy clause of the Constitution, state courts must uphold a federal law that conflicts with state law.*

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Most state court systems include small claims courts for the resolution of minor disputes. In small claims court,

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The ordinary rules of civil procedure are often relaxed

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A state court is least likely to have jurisdiction over the person of the defendant when (s)he

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Has no contacts with the forum state but is personally served with process in another state.*

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You are a UNCG Senior and mid-semester, your roommate moves out on you without having paid you the $1000 she owes in back rent. You could file a complaint to sue her in:

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Small Claims*

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Arbitration is a non-judicial dispute resolution mechanism. Arbitration is

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A method whereby the parties to a controversy may resolve their dispute by agreeing to be bound by the decision of an impartial third party

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The commerce clause of the U.S. Constitution provides that "Congress shall have power to regulate commerce with foreign nations and among the several states and with the Indian tribes." This federal power

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Has been liberally interpreted to give Congress very extensive authority to regulate economic activity.*

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Which of the following constitutional provisions forbids a legislature from enacting laws which impose a burden on a certain class of persons but not on other classes without good reason?

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Equal protection clause*

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Which of the following is not a tort?

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Breach of contract.*

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The authority of a specific agency to make law is typically determined by

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The statute that created the agency.*

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Enactments of federal administrative agencies are found

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in the Code of Federal Regulations

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Which of the following is tortious conduct?

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Myra abducts Reginald at gunpoint and holds him for ransom.*

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You get a speeding ticket for 40 in a 35 mph zone heading home from The Legal Environment of Business Class. You go to District Court, plead not responsible and try your case. You lose, and want to appeal your case. Where would your case then go?

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N.C. Superior Court

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An indictment

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is issued by the grand jury*

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Your apartment is burglarized. The defendant is charged with a felony. You call the clerk's office to find out the status of the case. She informs you the defendant has just been indicted. Where will the next court appearance be for that defendant?

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Superior Court for arraignment

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Acme Corporation's latest annual report states that Acme is a party to a lawsuit entitled "Algonquin Products v. Samna, Inc."

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The case is a civil proceeding.*

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The tenth amendment

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defines powers of and limitations on the federal gov. and all power not granted to gov res. for states

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federal statutes

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enacted by us congress

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state and local statutes adn ordinances

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state legislators

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what was the result of uniform law

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NCCUSL

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the uniform commercial code (UCC) was created by..

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nccusl and american law institueq

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UCC assures business ppl what

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that contracts if vaildly entered will be enforced

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administrative law made by

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administrative agencies

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stare decisis

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law which judges are obligated to follow precedents established in prior decisions

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injunction

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petition to stop or to do something after court hearing if person is in danger

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A decree of specific performance is:

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an equitable remedy.

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If a law that violates (conflicts with) the U.S. Constitution is challenged in court, the court will:

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not enforce the law, no matter what its source may be.

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Courts may have either general or ________ jurisdiction.

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limited

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The federal court system does not consist of which of the following?

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The U.S. Chamber of Commerce

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The pleadings consist of:

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d. the complaint and the answer.

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the process of obtaining information from an opposing party prior to going to trial is known as:

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discovery

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After a trial, if a lawyer asks the judge to set aside the jury's verdict and rule in favor of her client instead, the lawyer would be asking for

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d. a judgment notwithstanding the verdict.

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Which of the following is normally not available at the Web sites of courts today?

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"Virtual trials" that allow parties and jurors to appear via video conferencing system

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Which of the following normally is not available in online dispute resolution?

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The service provider makes findings of fact and recommends how a court should proceed.

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marbury vs. madison

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power of judicial review exersiced by both federal and state courts- power acts as a restraint on congress

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in rem jurisdiction

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court can exersice jurisdiction over property located w/in its boundries- "jurisdiction over the thing"

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example of court of general jurisdiction

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state trial court or a federal district court

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example of state court of limited jurisdiction

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probate court

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probate court

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handle only matters relating to transfer of person's assets and obligations after that persons death

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federal court of limited subject-matter jurisdiction example

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bankruptcy court

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courts of original jurisdiction

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first instance- trial courts-where they begin, take place, and evidence is presented

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in federal court system what are trial courts

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district court

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what establishes boundries of fed judicial power

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article 3 of us constitution

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what does sec 2 of article 3 say

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judicial power shall extend to all cases, in law and equity, arising under constitution...

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concurrent jurisdiction

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2 diff courts have pwr to hear case

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small claims court

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inferior to trial courts hear only civil cases involving claims of less than a certain amount

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appellate courts DO NOT look at questions of _____ but at questions of _____.

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fact, law

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who can rule questions of law

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only a judge

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highest appellate court is

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state supreme court,

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how many US courts of appeals are in the federal court system

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13

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5th amendment

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due process, double jeapordy, self incremination, and iminent domain

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writ of certiorari

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writ from higher court asing lower court for record of case

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purpose of the 14th amendment

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to define citizenship, due process clause

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due process what is it

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legal requirement that the state must respect all of the legal rights that are owed to a person

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rule of four

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rule of the US supreme court under which court will not issue a writ of certiorari unless at lease 4 justices approve decision

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voir dire

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process in which attorneys question prospective jurors to determine whether they are biased or have any connection w/ a party to the action or witnesses

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what is required for due process- providing four protections

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1.procedural due process (in civil and criminal proceedings), 2.substantive due process,
3. prohibition against vague laws,
4.as the vehicle for the incorporation of the Bill of Rights

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where can you find the due process clause

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The Fifth and Fourteenth Amendments to the United States Constitution each contain a Due Process Clause

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bill of rights

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first 10 amendments- series of protections for individual agains various types of interface by federal gov

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1st amendment

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freedoms of religion, speech, and the press and the rights to assembly peaceaby and to petition the gov

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2nd amend

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right to keep and bear arms

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3rd amnd

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prohibits, in peacetime, lodging of soilders in any house w/out owners consent

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4th amnd

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prohibts unreasonable searches and seizures of persons or property

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5th amnd

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guarentees rights to indictment by grand jury, to due process of law, adn to fair payment when private property is taken for public use- prohibits compulsory self incrimination and double jeapordy

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6th amnd

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guarentess the accused in criminal case the right to speedy and public trial by impatial jury and w/ counsel

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7th amnd

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right to a trial by jury in civil case involving at least 20 dollars

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what is required for due process- providing four protections

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1.procedural due process (in civil and criminal proceedings), 2.substantive due process,
3. prohibition against vague laws,
4.as the vehicle for the incorporation of the Bill of Rights

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where can you find the due process clause

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The Fifth and Fourteenth Amendments to the United States Constitution each contain a Due Process Clause

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bill of rights

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first 10 amendments- series of protections for individual agains various types of interface by federal gov

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1st amendment

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freedoms of religion, speech, and the press and the rights to assembly peaceaby and to petition the gov

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2nd amend

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right to keep and bear arms

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3rd amnd

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prohibits, in peacetime, lodging of soilders in any house w/out owners consent

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4th amnd

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prohibts unreasonable searches and seizures of persons or property

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5th amnd

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guarentees rights to indictment by grand jury, to due process of law, adn to fair payment when private property is taken for public use- prohibits compulsory self incrimination and double jeapordy

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6th amnd

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guarentess the accused in criminal case the right to speedy and public trial by impatial jury and w/ counsel

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7th amnd

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right to a trial by jury in civil case involving at least 20 dollars

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Police powers allow states to

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regulate private activities to promote public health, safety, and general welfare

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If Congress passes a 2 percent tax on cigarette sales in New Jersey only, this law will most likely be held

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unconstitutional according to Article I, Section 8

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Article I, Section 8

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Under this section, taxes imposed by Congress "shall be uniform throughout the United States."

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The establishment clause:

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prohibits government from creating a state-sponsored religion.

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Substantive due process focuses on

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the content of legislation.

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Procedural due process focuses on

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fair procedures

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Which of the following is not a federal statute protecting privacy rights

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The Protection of Personal Privacy Act

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eminent domain

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pwr of gov to take land for public use from private citizens for just compensation

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preemption

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doctrine which certain fed laws take precedence over conflicting state or local laws

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Supremacy Clause

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consitiution, laws, adn treeties of US are the "supreme law of the land"

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Equal Protection- what is and where found

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14th amnd- guarentees no state will "deny ppl w/in jurisdiction equal protection of laws"

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res ipsa loquitur

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facts speak for themselves

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actual malice

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deliberate lie to cause harm

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Appropriation

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to use someones image name... w/out permission

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comparative negligence

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rule in tort law that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely; used in the majority of states.

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contributory negligence

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rule in tort law that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own fault

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conversion

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Wrongfully taking or retaining possession of an individual's personal property and placing it in the service of another

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defamation

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Anything published or publicly spoken that causes injury to another's good name, reputation, or character.

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disparagement of property

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think opera and meat industry

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dram shop act

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makes bars and bartenders liable for drunk fools as well as those who serve alcohol

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The basic purpose of tort law is to:

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provide remedies for the invasion of protected interests.

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If Sal sends Max a high-priority e-mail message telling Max that his wife has just died, when in fact Sal knows this is untrue, Max may be able to sue Sal for:

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infliction of emotional distress

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Which of the following is not an element of the tort of fraudulent misrepresentation

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A lack of intent to cause reliance on the misrepresentation.

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Slander of quality is also known as:

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trade libel.

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Which of the following is a defense to a negligence claim?

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Assumption of risk

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Truth is a defense to

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defamation

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Bob left his friend Mark in charge of his bicycle store. One Saturday evening, after Mark had left for the week, Bob discovered that he was missing $9,000 in cash. Mark may be guilty of:

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embezzlement.

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The Fourth Amendment protects you from:

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unreasonable searches and seizures.

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The case of Miranda v. Arizona was primarily concerned with:

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the rights of criminal defendants.

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Perhaps the most significant federal statute specifically addressing cyber crime is the

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Counterfeit Access Device and Computer Fraud and Abuse Act

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The major difference between independent regulatory agencies and executive agencies is that:

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executive agencies are subject to the authority of the president to a greater degree than independent regulatory agencies are.

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The basis for all administrative law is

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Article I of the Constitution.

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The Government in the Sunshine Act requires:

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d. meetings of administrative agencies to be open to public observation.

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CFR

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code of federal regulations

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APA

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Administrative Procedure Act-law under which the U.S. federal agencies create the regulations they enforce.

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Ultra Vires

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if a corporation enters into a contract that is beyond the scope of its corporate powers, the contract is illegal.