BUL 3310 ACTUAL EXAM QUESTIONS WITH ALL CORRECT ANSWERS
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BUL 3310
Institution
BUL 3310
BUL 3310 ACTUAL EXAM QUESTIONS WITH ALL CORRECT ANSWERS
When it is unclear whether a piece of federal legislation intends to preclude all state regulation of the same activity, it is the responsibility of ___________ to determine Congress's intent. - Answer-The courts
The standard for issu...
BUL 3310 ACTUAL EXAM QUESTIONS
WITH ALL CORRECT ANSWERS
When it is unclear whether a piece of federal legislation intends to preclude all state
regulation of the same activity, it is the responsibility of ___________ to determine
Congress's intent. - Answer-The courts
The standard for issuing a search warrant is probable cause. - Answer-True
Which of the following statements about criminal intent is false? - Answer-The intent to
commit a crime is the same thing as the motive for committing a crime.
Conspiracy is the crime of attempting to overthrow the government. - Answer-False
The building code of River City requires that elevators in public buildings be inspected
every nine months. Hal did not have the elevators in his seven story office building
inspected for two years. He was brought before a city magistrate and fined $10,000. His
offense would be classified as a ________________. - Answer-Public tort
The power of the courts to declare legislation invalid because it violates the Constitution
is the power of Judicial review. This power of the courts originated in - Answer-The
Supreme Court decision in Marbury. v Madison
Assume that Connecticut took 600 acres of private property to build an overpass over a
major state road. This is an exercise of the state's power of _________. - Answer-
`Eminent domain
Huge public construction projects, such as the building of the Hoover and Norris dams,
required that the government take land belonging to individuals and businesses,
whether the owners wanted to sell or not. This power of the government to take
personal property for the good of the public is__________________. - Answer-Eminent
domain
For purposes of the takings clause of the Constitution, "property "includes personal
property and intangible property rights as well as real property. - Answer-True
The unjustified taking of a human life, which is wrongful in almost all civilizations, is an
example of a (n)_________________crime. - Answer-Malum in se
The Durham Rule is the test for determining whether a police officer was acting in good
faith during a warrantless search. - Answer-False
,Crimes are classified as strict liability crimes when specific intent is required. - Answer-
False
Contraceptive use, marriage and abortion are rights granted in the Eighth Amendment. -
Answer-False
Assume that Iowa passes a law requiring that all beverages sold in the state in plastic
containers must be bottled in 1 plastic. Assume also that it is the practice in the bottling
industry to put beverages in 2 containers. Special bottles will have to be bought for
distribution in Iowa and special procedures developed for their handling. If out- of- state
bottlers bring suit challenging the constitutionality of Iowa's law, which test will the court
apply? - Answer-Does the law impose an undue burden on interstate commerce without
conferring a substantial benefit on Iowa?
Which of the following statements about procedural due process is false? - Answer-
Procedural due process applies only to the taking of private property, not to the
curtailment of privileges or benefits.
The Executive branch of government has the power to negotiate treaties with foreign
nations, but treaties must be approved by __________before they become law. -
Answer-The Senate
When both the states and the federal government can regulate an activity they are said
to exercise __________________. - Answer-Concurrent powers
One defense to the crime of theft is return of the stolen goods. - Answer-False
Which of the following crimes can be used in RICO charges? - Answer-A. Mail fraud
B. Securities fraud
C. Accounting fraud
Answer (All of the above have been prosecuted under RICO)
A victim of has an incentive to sue under the civil provision of the RICO Act because he
will get four times the amount of damages he actually suffered. - Answer-True
The powers of the states are enumerated in Article I, Section 8 of the Constitution. -
Answer-False
The provision in the Constitution that requires that the courts in each state recognize the
validity of contracts and court decisions from other states is the _________Clause. -
Answer-Full Faith and Credit
Federalism is the doctrine that the powers of government are shared between the states
and the federal government. - Answer-True
, The Constitutional basis for the right of privacy is - Answer-The Supreme Court's finding
that the right of privacy, although not expressly stated, is inherent in a number of
Amendments.
If a private employer denied an employee the right to speak freely about political issues
in the workplace, the employee could not claim a First Amendment violation because
the element of _____________is missing. - Answer-State action
Which of the following is a provision of the USA Patriot Act designed to protect the right
of privacy? - Answer-Establishment of a special court to issue warrants for certain types
of searches
Sam, a sales clerk in a local store, falsified return receipts and pocketed the cash.
Because he was acting in a fiduciary capacity (that is, acting for another in a position of
trust and confidence) he committed the crime of _____________________. - Answer-
Embezzlement
All states have juvenile courts with special procedures for crimes involving minors. -
Answer-True
The dormant commerce clause refers to which of the following? - Answer-The
unconstitutionality of state laws that unreasonably burden interstate commerce
The government's right to seize private property for public use extends only to real
property and not to personal property. - Answer-False
The dormant commerce refers to - Answer-Restrictions on state regulations that burden
interstate commerce
Which of the following Articles of the United States Constitution established the
judiciary? - Answer-Article Three
The insanity defense that allows someone to avoid criminal liability if the criminal act
was the "product of a mental disease or defect" is the _____________rule. - Answer-
Durham
Embezzlement is an example of a white collar crime. - Answer-True
When there is a conflict between federal and sate law, federal law prevails because of
the Supremacy Clause. - Answer-True
The U.S. Senate is composed of _______________representatives from each state. -
Answer-Two
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