BRIGHTSTARS EXAM STUDY SOLUTIONS 8/15/2024 2:05 PM
GBL 385 Final Exam Questions With
Correct Answers
Is free speech absolute? - answer✔✔No
What is the supreme law of the land in US? - answer✔✔U.S. Constitution
The constitution establishes what - answer✔✔The framework of the government
Article 1 - answer✔✔Legislative Branch
Article 2 - answer✔✔Executive Branch
Article 3 - answer✔✔Judicial Branch
The constitution was ratified - answer✔✔1789
Commerce Clause - answer✔✔Clause stating that Congress can regulate interstate and
international commerce.
Interstate commerce - answer✔✔commerce having a substantial impact on the market
States may regulate solely: - answer✔✔Intrastate commerce
Only the Federal Government has authority to regulate: - answer✔✔Commerce with indian
tribes and foreign nations
Supremacy Clause - answer✔✔Constitution is the supreme law of the land
Full Faith an Credit Clause - answer✔✔requires each state to recognize the laws, judicial
decisions, and public records of the other states
Privileges and Immunities Clause - answer✔✔prevents a state from treating citizens of other
states in a discriminatory manner.
1st Amendment - answer✔✔Freedom of Religion, Speech, Press, Assembly, and Petition
2nd Amendment - answer✔✔Right to bear arms
4th Amendment - answer✔✔Freedom from unreasonable searches and seizures
,BRIGHTSTARS EXAM STUDY SOLUTIONS 8/15/2024 2:05 PM
5th Amendment - answer✔✔The Right to Remain Silent/Double Jeopardy, right to due process
6th Amendment - answer✔✔The right to a Speedy Trial by jury, representation by an attorney
for an accused person
8th Amendment - answer✔✔No cruel or unusual punishment
9th Amendment - answer✔✔Citizens entitled to rights not listed in the Constitution
10th Amendment - answer✔✔Powers Reserved to the States
Bill of Rights ratified - answer✔✔1791
13th Amendment (reconstructed amendment) - answer✔✔abolished slavery
14th Amendment (reconstructed amendment) - answer✔✔Declares that all persons born in the
U.S. are citizens and are guaranteed equal protection of the laws
15th Amendment (reconstructed amendment) - answer✔✔Citizens cannot be denied the right to
vote because of race, color , or precious condition of servitude
Dred Scott Decision - answer✔✔A Missouri slave sued for his freedom, claiming that his four
year stay in the northern portion of the Louisiana Territory made free land by the Missouri
Compromise had made him a free man. The U.S, Supreme Court decided he couldn't sue in
federal court because he was property, not a citizen.
Plessy v. Ferguson - answer✔✔a 1896 Supreme Court decision which legalized state ordered
segregation so long as the facilities for blacks and whites were equal
Brown v. Board of Education - answer✔✔1954 - The Supreme Court overruled Plessy v.
Ferguson, declared that racially segregated facilities are inherently unequal and ordered all
public schools desegregated.
Loving v. Virginia - answer✔✔1867 court case that declared all laws against interracial marriage
unconstitutional
Civil Law - answer✔✔-Wrongful action against individuals or groups. Aggrieved parties may
have grounds for lawsuits
-Remedies are generally compensatory
-Standard of Proof: Preponderance of Evidence
Criminal Law - answer✔✔-Crimes are defined by legislatures and persons who commit a crime
are deemed as having committing a wrong against society, not just the individual victim. Only
the government may prosecute for crimes
-Focus of remedies are general punitive
, BRIGHTSTARS EXAM STUDY SOLUTIONS 8/15/2024 2:05 PM
-Standard of proof: beyond a reasonable doubt
Most crimes are defined by: - answer✔✔states
Federal crimes tend to be aimed at - answer✔✔Higher offenses examples: organized crime,
public corruption, espionage etc
Some crimes may be both - answer✔✔state and federal crimes
example: boston bomber
White collar crime - answer✔✔defined by FBI as "a crime committed by a person of
respectability and high social status in the course of his occupation"
-Generally non-violent financial crimes
To commit a crome one must have ________ and engage in _________ - answer✔✔Mens Rea,
Actus Rea
Mens Rea - answer✔✔"Guilty mind"
- is the mental element of a person's intention to commit a crime; or knowledge that one's action
or lack of action would cause a crime to be committed.
-*determines the level of culpability
Example of purpose - answer✔✔Allen sets fire to Ben's house to kill Ben
Example of knowingly - answer✔✔Ben sets fire to Ben's house to destroy some incriminating
documents. No desire to kill Allen, but Allen is home at the time and dies
Example of Recklessly - answer✔✔Ben twirls around shooting gun knowing others are wishing
gunshot range and could be shot
Example of Negligently - answer✔✔Ben is intree middle of the desert, no expectation anyone
else around and fires gun
Additional level of culpability: Strict Liability - answer✔✔the legal responsibility for damages
or injury, even if the person found strictly liable was not at fault. In order to prove strict liability
in tort, plaintiff needs to prove only that the tort happened and that the defendant was responsible
for the act or omission
Additional level of culpability: Conspiracy - answer✔✔Intent and act in furtherance
Actus Reas means: - answer✔✔guilty act
Mala in se - answer✔✔offenses that are wrong by their very nature
-are criminal acts that are wrong because they violate the moral, public, or natural principles of a
society.
GBL 385 Final Exam Questions With
Correct Answers
Is free speech absolute? - answer✔✔No
What is the supreme law of the land in US? - answer✔✔U.S. Constitution
The constitution establishes what - answer✔✔The framework of the government
Article 1 - answer✔✔Legislative Branch
Article 2 - answer✔✔Executive Branch
Article 3 - answer✔✔Judicial Branch
The constitution was ratified - answer✔✔1789
Commerce Clause - answer✔✔Clause stating that Congress can regulate interstate and
international commerce.
Interstate commerce - answer✔✔commerce having a substantial impact on the market
States may regulate solely: - answer✔✔Intrastate commerce
Only the Federal Government has authority to regulate: - answer✔✔Commerce with indian
tribes and foreign nations
Supremacy Clause - answer✔✔Constitution is the supreme law of the land
Full Faith an Credit Clause - answer✔✔requires each state to recognize the laws, judicial
decisions, and public records of the other states
Privileges and Immunities Clause - answer✔✔prevents a state from treating citizens of other
states in a discriminatory manner.
1st Amendment - answer✔✔Freedom of Religion, Speech, Press, Assembly, and Petition
2nd Amendment - answer✔✔Right to bear arms
4th Amendment - answer✔✔Freedom from unreasonable searches and seizures
,BRIGHTSTARS EXAM STUDY SOLUTIONS 8/15/2024 2:05 PM
5th Amendment - answer✔✔The Right to Remain Silent/Double Jeopardy, right to due process
6th Amendment - answer✔✔The right to a Speedy Trial by jury, representation by an attorney
for an accused person
8th Amendment - answer✔✔No cruel or unusual punishment
9th Amendment - answer✔✔Citizens entitled to rights not listed in the Constitution
10th Amendment - answer✔✔Powers Reserved to the States
Bill of Rights ratified - answer✔✔1791
13th Amendment (reconstructed amendment) - answer✔✔abolished slavery
14th Amendment (reconstructed amendment) - answer✔✔Declares that all persons born in the
U.S. are citizens and are guaranteed equal protection of the laws
15th Amendment (reconstructed amendment) - answer✔✔Citizens cannot be denied the right to
vote because of race, color , or precious condition of servitude
Dred Scott Decision - answer✔✔A Missouri slave sued for his freedom, claiming that his four
year stay in the northern portion of the Louisiana Territory made free land by the Missouri
Compromise had made him a free man. The U.S, Supreme Court decided he couldn't sue in
federal court because he was property, not a citizen.
Plessy v. Ferguson - answer✔✔a 1896 Supreme Court decision which legalized state ordered
segregation so long as the facilities for blacks and whites were equal
Brown v. Board of Education - answer✔✔1954 - The Supreme Court overruled Plessy v.
Ferguson, declared that racially segregated facilities are inherently unequal and ordered all
public schools desegregated.
Loving v. Virginia - answer✔✔1867 court case that declared all laws against interracial marriage
unconstitutional
Civil Law - answer✔✔-Wrongful action against individuals or groups. Aggrieved parties may
have grounds for lawsuits
-Remedies are generally compensatory
-Standard of Proof: Preponderance of Evidence
Criminal Law - answer✔✔-Crimes are defined by legislatures and persons who commit a crime
are deemed as having committing a wrong against society, not just the individual victim. Only
the government may prosecute for crimes
-Focus of remedies are general punitive
, BRIGHTSTARS EXAM STUDY SOLUTIONS 8/15/2024 2:05 PM
-Standard of proof: beyond a reasonable doubt
Most crimes are defined by: - answer✔✔states
Federal crimes tend to be aimed at - answer✔✔Higher offenses examples: organized crime,
public corruption, espionage etc
Some crimes may be both - answer✔✔state and federal crimes
example: boston bomber
White collar crime - answer✔✔defined by FBI as "a crime committed by a person of
respectability and high social status in the course of his occupation"
-Generally non-violent financial crimes
To commit a crome one must have ________ and engage in _________ - answer✔✔Mens Rea,
Actus Rea
Mens Rea - answer✔✔"Guilty mind"
- is the mental element of a person's intention to commit a crime; or knowledge that one's action
or lack of action would cause a crime to be committed.
-*determines the level of culpability
Example of purpose - answer✔✔Allen sets fire to Ben's house to kill Ben
Example of knowingly - answer✔✔Ben sets fire to Ben's house to destroy some incriminating
documents. No desire to kill Allen, but Allen is home at the time and dies
Example of Recklessly - answer✔✔Ben twirls around shooting gun knowing others are wishing
gunshot range and could be shot
Example of Negligently - answer✔✔Ben is intree middle of the desert, no expectation anyone
else around and fires gun
Additional level of culpability: Strict Liability - answer✔✔the legal responsibility for damages
or injury, even if the person found strictly liable was not at fault. In order to prove strict liability
in tort, plaintiff needs to prove only that the tort happened and that the defendant was responsible
for the act or omission
Additional level of culpability: Conspiracy - answer✔✔Intent and act in furtherance
Actus Reas means: - answer✔✔guilty act
Mala in se - answer✔✔offenses that are wrong by their very nature
-are criminal acts that are wrong because they violate the moral, public, or natural principles of a
society.
