MULTIPLE CHOICE QUESTIONS 1. Driving while intoxicated, Jana causes a car accident that results in the death of Kevin. Jana is arrested and charged with involuntary manslaughter, a third degree felony. This type of felony is punishable by a. death. b. life imprisonment. c. up to five years’ imprisonment. d. up to ten years’ imprisonment. 2. Desi reaches into Edna’s pocket and takes her money, without her consent and without her immediate awareness. Unlike robbery, picking pockets does not involve a. breaking and entering. b. force or fear. c. large amounts of money. d. weapons. 3. Mariah takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Nita picks up the ring, puts it on, and walks away. Nita has likely committed a. burglary. b. larceny. c. robbery. d. no crime. 4. On the orders of their corporate employer, Della and Efron, employees of Fabulous Fashionista, a clothing store, switch trademarks on clothing that comes into the store to be sold to consumers. This is most likely a. forgery. b. larceny. c. robbery. d. no crime. 5. In relation to Edie’s solicitation of investors in a nonexistent business, she is charged with “mail fraud.” This requires, among other things, a. claiming that an item is “in the mail” when it is not. b. deceiving postal authorities as to the content of an item of mail. c. depositing items in the postal system without proper postage. d. mailing or causing someone else to mail a writing. 6. Val, the owner of Wild Wheels, a bicycle store, trusts Xavier to manage the store’s daily cash flow. One night, without Val’s knowledge or consent, Xavier takes and keeps $500 from the receipts. This is most likely a. embezzlement. b. larceny. c. robbery. d. no crime. 7. Ann, an employee of Beta, Inc., pays Curt, an employee of Beta’s competitor Delta Company, for a secret Delta pricing schedule. This may be a. an effective marketing strategy. b. commercial bribery. c. creative legal bookkeeping. d. money laundering. 8. Dina, a businessperson, is charged with RICO offenses. Dina may be subject to penalties under RICO only if she a. committed two or more certain federal or state crimes. b. has never been convicted of a crime. c. intends to commit future RICO offenses. d. was previously convicted of a crime. 9. Sandy, a businessperson, is convicted of RICO offenses. Sandy’s penalties may include a. closing her business but not forfeiting its assets or selling it. b. forfeiting business assets but not closing or selling the business. c. selling her business but not closing it or forfeiting its assets. d. closing her business, forfeiting its assets, or selling it. 10. Becky is thirteen years old and is charged with a misdemeanor. In most states, Becky will be treated as a. a minor and tried in a juvenile court. b. an adult and tried in a regular court. c. an infant and punished without a trial. d. incapable of criminal conduct and tried after he turns eighteen. 11. Toby commits a criminal act while intoxicated. Involuntary intoxication may be a defense a. if it makes a person incapable of understanding an act is wrong. b. if it removes a person’s normal social inhibitions. c. under any circumstances. d. under no circumstances. 12. Yvon is charged with the crime of theft for taking Zack’s briefcase, which Yvon mistakenly thought was hers. A mistake of fact is a defense a. if the fact was not reasonably made known to the public. b. if the mistake negates the mental state necessary to commit a crime. c. if the perpetrator was intoxicated. d. under any circumstances. 13. Ethan, the president of Financial Investments, Inc. (FII), and Gina, FII’s accountant, are charged with a crime, after the police search FII’s offices. Under the exclusionary rule a. certain FII records are excluded from subpoena by the government. b. certain parties to a criminal action may be excluded from a trial. c. illegally obtained evidence must be excluded from a trial. d. persons who have biases that would prevent them from fairly deciding the case may be excluded from the jury. 14. Jim is indicted. Before he is arrested, he confesses to the crime in a conversation with Kelly, the arresting officer. Kelly then arrests Jim and advises him of the right to counsel. Jim waives the right and repeats his confession. Later, Jim claims that his initial statement should be excluded as evidence from his trial. Under the ruling in Fellers v. United States, the statement will most likely be a. admitted because Jim knew he did the crime and confessed. b. admitted because Jim repeated it after being advised of his rights. c. excluded because a confession is not admissible in a criminal trial. d. excluded because it was elicited before Jim was advised of his rights. 15. Lara is indicted. Mac, the arresting officer, advises Lara of her right to counsel. Lara waives the right and confesses to the crime. Later, Lara claims that her confession should be excluded as evidence from her trial. Under the ruling in Fellers v. United States, the statement will most likely be a. admitted because Lara knew she did the crime and confessed. b. admitted because Lara made it after being advised of her rights. c. excluded because a confession is not admissible in a criminal trial. d. excluded because it was elicited before Lara was advised of her rights. 16. According to the United States Supreme Court in Miranda v. Arizona, an individual must be apprised of certain of his or her rights whenever the individual is a. arraigned in a court. b. imprisoned in a jail. c. sentenced for a crime. d. taken into custody. 17. According to the United States Supreme Court in Miranda v. Arizona, an individual must be apprised of certain of his or her rights a. after any questioning. b. at any time during questioning. c. only in the absence of questioning. d. prior to any questioning. 18. Roy owns Roy’s Cafe. A fire destroys the cafe, and Roy is arrested on suspicion of setting it to collect the insurance. At the time of the arrest, Roy is not informed of his rights. Any statement Roy makes will be admissible a. in all circumstances. b. in some circumstances. c. in no circumstances. d. regardless of the circumstances. 19. Mike is arrested at a warehouse in North Industrial Park. A government prosecutor issues a formal charge against Mike for receiving stolen property. This charge is a. an arraignment. b. an indictment. c. an information. d. an inquisition. 20. Ben is a computer technician with the skills to hack into any unprotected computer. The Counterfeit Access Device and Computer Fraud and Abuse Act of 1984 prohibits Ben from obtaining unauthorized access to a. any government information. b. no government information. c. restricted government information. d.unrestricted government information. MULTIPLE CHOICE QUESTIONS 1. Under the Constitution a. neither the national government nor the states have sovereign power. b. the national government and the states share sovereign power. c. the national government has all sovereign power. d. the states have all sovereign power. 2. Under the Constitution, the legislative branch of the government a. administers the laws. b. enforces the laws. c. interprets the laws. d. makes the laws. 3. Household Furnishings, Inc., distributes its merchandise on an inter- state basis. Under the commerce clause, Congress has the power to regulate a. any commercial activity in the United States. b. only activities that are in intrastate commerce. c. only activities that are in local commerce. d. only activities that are not in commerce. 4. The state legislature of Michigan enacts a transportation statute that impinges on interstate commerce. This law will be a. balanced in terms of the burden on the state against the merit and purpose of interstate commerce. b. balanced in terms of the state’s interest in its merit and purpose against the burden placed on interstate commerce. c. struck down. d. upheld. 5. Congress enacts a law prohibiting toys made in China from being sold in the United States. The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii’s law will most likely be a. rendered invalid under the supremacy clause. b. rendered valid the equal protection clause. c. struck down under the taxing and spending clause. d. upheld under the commerce clause. 6. A decision by the Environmental Protection Agency (EPA) on the amount of carbon that can be emitted from a car’s exhaust system conflicts with a California state law. In this situation a. both the decision and the law are invalid. b. both the decision and the law apply concurrently. c. California’s law takes precedence. d. the EPA’s decision takes precedence. 7. Congress enacts the Supplemental Income Tax Act (SITA) to exempt the citizens of Louisiana from their federal taxes until New Orleans is rebuilt from the ravages of Hurricane Katrina. SITA will most likely be a. rendered invalid under the supremacy clause. b. rendered valid the equal protection clause. c. struck down under the taxing and spending clause. d. upheld under the commerce clause. 8. Dru, a U.S. citizen, is the owner of Egret, Inc. Egret’s competitors include Feathered Friends Company (FFC), which is owned by Greg and Huey. The Bill of Rights embodies a series of protections for Dru against various types of interference by a. FFC and its other competitors only. b. FFC, Greg, Huey, others, and the government. c. Greg, Huey, and other private individuals only. d. the government only. 9. Ron, the chief executive officer of Standard Business Corporation, claims that certain actions by the state of Texas infringe on rights guaranteed by the Bill of Rights. Most of these rights are held to limit state government actions under a. the commerce clause. b. the due process clause of the Fourteenth Amendment. c. the equal protection clause of the Fourteenth Amendment. d. the Tenth Amendment. 10. Colorado enacts a statute that bans the distribution of anonymous politi- cal leaflets. A court would likely hold this to be a. an unconstitutional restriction of speech. b. constitutional under the First Amendment. c. justified by the need to protect individual rights. d. necessary to protect state interests. 11. Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is given a. little protection. b. no protection. c. significant protection. d. total protection. 12. Direct Mail Sales, Inc., regularly advertises its products. Under the First Amendment, with respect to noncommercial speech, these ads are given a. equal protection. b. less protection. c. more protection. d. no protection. 13. Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid a. if it directly advances a substantial government interest but goes no further than necessary. b. if it directly advances a substantial government interest regard- less of how “far” it goes. c. under any circumstances. d. under no circumstances. 14. Iowa enacts a law that restricts certain kinds of advertising to protect consumers from being misled. This law would likely be held by a court to be a. an unconstitutional restriction of speech. b. constitutional under the First Amendment. c. justified by the need to protect individual rights. d. necessary to protect state interests. 15. Mona publishes an article in Now Hear This! magazine that harms Owen’s good reputation. The First Amendment protects Mona and others who engage in such speech a. all of the time. b. none of the time. c. only if it is commercial. d. only if it is political. 16. Adult Shoppe in Beach City sells a variety of publications, including child pornography. Beach City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely a. an invalid restriction of individuals’ privacy. b. an unconstitutional restriction of speech. c. a violation of adults’ rights to enjoy certain privileges and immunities. d. constitutional under the First Amendment. 17. Kansas enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Lo-Price Stores files a suit to block the law’s enforcement. The court would likely hold that this law violates a. no clause in the U.S. Constitution. b. the establishment clause. c. the free exercise clause. d. the supremacy clause. 18. The requirement that no person be deprived of “life, liberty, or property without due process of law” is found in a. no provision in the U.S. Constitution. b. the First and Second Amendments. c. the Third and Fourth Amendments. d. the Fifth and Fourteenth Amendments. 19. The Federal Communications Commission imposes a regulation that prohibits all businesspersons from appearing in their own television commercials. A court is most likely to hold this regulation a. constitutional under the due process clause. b. constitutional under the equal protection clause. c. unconstitutional under the due process clause. d. unconstitutional under the equal protection clause. 20. Orin claims that a Pennsylvania state statute infringes on his “substan- tive due process” rights. This claim focuses on a. procedures used in making decisions to take life, liberty, or property. b. the similarity of the treatment of similarly situated individuals. c. the content, or substance, of the statute. d.the steps to be taken to protect Orin’s privacy. MULTIPLE CHOICE QUESTIONS 1. Congress leaves it to the Bureau of Prisons to oversee the promulgation of detailed regulations in areas under the agency’s jurisdiction. This is a. divine right. b. the delegation of legislative powers. c. gap-filling power. d. unconstitutional conduct. 2. Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by a. Congress, through enabling legislation. b. the courts, through the adjudicatory process. c. the U.S. Constitution, through the _ Amendment. d. the U.S. Department of the Treasury, through a final order. 3. Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should con- centrate their lobbying efforts on a. Congress. b. federal administrative agencies that oversee agricultural products. c. the United States Supreme Court. d. the president of the United States. 4. Truck Transport Company is subject to a decision by the National Labor Relations Board. Truck Transport appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision a. followed a consideration of legally appropriate factors. b. justifiably changed the agency’s prior policy. c. was accompanied by a rational explanation. d. was plainly contrary to the evidence. 5. The Office of Postsecondary Education, like other federal administrative agencies, is part of the government’s a. administrative branch. b. executive branch. c. judicial branch. d. legislative branch. 6. The Federal Highway Administration uses notice-and-comment rulemaking. This process begins with a. a request to Congress to enact enabling legislation. b. the filing of a complaint against a charged party. c. the publication of a notice of proposed rulemaking. d. the solicitation of public comments. 7. The U.S. Citizenship and Immigration Service issues a rule. Like the rules of other federal administrative agencies, this rule is compiled in a. the Administrative Register of the Federal Government. b. the Code of Federal Regulations. c. the Federal Rules of Civil Procedure. d. the United States Code. 8. In reviewing the actions of the U.S. Office of Nuclear Energy and other agencies, the courts a. are usually reluctant to review questions of fact. b. rarely defer to the technical expertise of administrative agencies. c. often rule on the merits of policy determinations. d. all of the choices. 9. The Equal Employment Opportunity Commission (EEOC) orders First Financial Company to reveal certain information. First Financial complains to a court, arguing that the order is an abuse of the EEOC’s discretion. Like other agencies, the EEOC can use a subpoena to a. obtain any information, without limits. b. obtain assurances that the law is not being violated. c. obtain documents, but not to compel a party to testify. d. pressure a party to settle an unrelated matter. 10. The U.S. Patent and Trademark Office (USPTO) wants to review certain records of Verity Corporation. The USPTO can gain access to the records through a. a subpoena only. b. neither Verity’s consent nor a subpoena. c. Verity’s consent only. d. Verity’s consent or a subpoena. 11. Caleb is a witness in a controversy involving the U.S. Drug Enforcement Administration. Caleb can be compelled to appear before an adminis- trative law judge if he is served with a. an order for specific performance. b. a rule for parol evidence. c. a subpoena ad testificandum. d. a subpoena duces tecum. 12. Nursing Home Care Company is charged with violating a rule of the Social Security Administration. Most likely, Nursing Home Care will be required to appear at a hearing presided over by a. a federal appellate court judge. b. a federal district court judge. c. an administrative law judge. d. a U.S Marshal. 13. The functions of the Social Security Administration, like those of other administrative agencies, include a. adjudication. c. declaration. b. enunciation. d. pronunciation. 14. The U.S. Mine Safety Administration conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in a. all industries. b. highly regulated industries. c. no industries. d. newly regulated industries only. 15. The Federal Emergency Management Agency (FEMA) discovers that Goodnuff Trailers, Inc., is violating a FEMA regulation. If this situation is resolved like most such disputes, the outcome will be a. a negotiated settlement. b. a trial and a fine. c. a trial and an appeal to a higher authority. d. a trial and the dissolution of the business. 16. Labor Recruiters, Inc., has been ordered to appear at a hearing before an administrative law judge of the National Labor Relations Board. A significant difference between a trial and an administrative hearing is that a. attorneys are not allowed to attend administrative hearings. b. clients are not allowed to communicate with their attorneys dur- ing administrative hearings. c. hearsay can be introduced as evidence in an administrative hearing. d. the burden of proof is on the charged party to prove innocence. 17. Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Plastix Produx wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is a. an actual controversy at issue. b. standing to sue. c. the exhaustion doctrine. d. the ripeness doctrine. 18. Jay seeks information about Kim and other well-known businesspersons under the Freedom of Information Act. To obtain the information, Jay must a. agree not to reveal any trade secrets. b. describe the information. c. get a court order. d. have Kim’s and the others’ permission. 19. A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in a. a federal district court. b. a hearing before the U.S. Freedom of Information Agency. c. a meeting with Congress’s FOIA subcommittee. d. a special conference with the president of the United States. 20. Closed meetings of the Office of Community Planning and Development and other federal administrative agencies are permitted when a. the subject of the meeting concerns accusing a person of a crime. b. open meetings would frustrate the implementation of future agency actions. c. the subject of the meeting involves matters relating to future liti- gation or rulemaking. d. all of the choices.