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BLR 325 Study Guide Question and answers rated A+ 2024/2025 BLR 325 Study Guide In the matter of Marshall Gardiner's Estate the Kansas Supreme Court held that J'Noel who had a gender reassignment from being a man to a woman was: - correct answer - J'Noel was considered male under Kansas law, ...

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  • October 7, 2024
  • 21
  • 2024/2025
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BLR 325 Study Guide
In the matter of Marshall Gardiner's Estate the Kansas Supreme Court held
that J'Noel who had a gender reassignment from being a man to a woman
was: - correct answer ✔- J'Noel was considered male under Kansas law, and
thus the state's prohibition on same-sex marriage precluded the legal validity
of the marriage


In Roe v. Wade the Supreme Court held that the State of Texas couldn't make
the act of having an abortion completely criminal because: - correct answer
✔- The right to privacy covers the right to an abortion.


In Roe v. Wade the Supreme Court established a so called Trimester
Framework for determining the right of the state to regulate abortion which
provided - correct answer ✔- The state could not regulate abortion during the
first trimester. The state can only regulate abortion as it pertains to the
mother's health in the second trimester. The state can outright ban abortion
during the third trimester.


In Planned Parenthood v. Casey, the Supreme Court held that the State could
regulate abortion at the point of "viability" because - correct answer ✔- The
fetus can live outside of the womb.


Prior to "viability" the State may be involved in the abortion decision as
follows: - correct answer ✔they may impose regulations as long as they do
not cause an undue burden


Crystal Ferguson used crack cocaine while pregnant. When tested by a public
hospital she tested positive for cocaine. The hospital turned that information
over to the police and Crystal was arrested and convicted of child neglect. On
appeal the Supreme Court said: - correct answer ✔unreasonable search and
seizure

,When New Jersey eliminated the standard increase for an ADC recipient
having another child such recipients sued claiming that such action violated
their rights to due process and equal protection. The Federal District Court
said: - correct answer ✔- The right to bear a child does not come with
entitlement to government aid. The "Family Cap" incentivizes ADC recipients
to work more, have more individual responsibility, and not have children out of
wedlock.


In The Matter of Baby M the New Jersey Supreme Court held that the
surrogacy contract between William Stern and Mary Beth Whitehead was
invalid because: - correct answer ✔- Paying for an adoption and a surrogacy
is illegal and possibly criminal. The surrogate mother cannot be forced to
surrender her child if she changes her mind.


In Michigan a surrogate parentage contract - correct answer ✔void and
therefore unenforceable


Concerning the Federal Government's Policy on Stem Cell Research - correct
answer ✔- Originally, stem cell research was only allowed if the stem cells
were obtained from previously existing stem cell lines. However, Obama
issued an executive order allowing for federally funded research on embryonic
stem cells.


When Mary Sue Davis and Junior Lewis Davis decided to divorce they
differed as to what was to happen to the seven frozen embryos that they had
created. Since the Tennessee Supreme Court had no precedent to guide it
the court relied upon: - correct answer ✔(a). The Public policy of Tennessee
concerning unborn life; (b). Scientific knowledge and Ethical considerations;
(c). The value of the embryos as property

, Under the Rape Shield Law: - correct answer ✔- Evidence of the victim's
past sexual conduct must be excluded from trial unless the judge finds it is
less prejudicial than probative.


Criticisms leveled at some of the old rape laws included - correct answer ✔-
A perpetrator could use all force imaginable and no crime was committed if
the state could not prove non consent. The law forced women to disclose the
act immediately, cry for help, suffer signs of injury, and deal with distrust of
testimony. The law put rape victims on trial.


In determining whether a claimed rape was consensual sex: - correct answer
✔- To prove consent the defendant does not have to get it in writing.
Permission may be inferred by acts or statements which a reasonable person
would view as consent.


In California when a victim attempted to stop the act of intercourse after it had
started and the defendant didn't stop he was charged with rape. The Court
held: - correct answer ✔- The court said it is rape if the victim withdraws
consent and defendant doesn't stop. The amount of outrage is not an element
of the crime.


The Rape Shield Statute: - correct answer ✔- A statute that prevents prior
sexual acts of the victim from being brought up in court unless approved by
the Judge after a hearing.


Degrees of Criminal Sexual Conduct in Michigan which mandate that the
Judge send the Defendant to prison include: - correct answer ✔LOOK UP


Conviction of the following offenses requires that the defendant register as a
sex offender in the State of Michigan: - correct answer ✔- First, second,
third, and fourth degree criminal sexual conduct.

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