BUL 5810 MIDTERM EXAM TEST
QUESTIONS WITH UPDATED AND
REVISED ANSWERS
Brown vs. Board of Education (1954) - Answer-Supreme Court declared it
unconstitutional for states to make laws separating public schools for black and white
students
Marbury vs. Madison - Answer-Established judicial review - the power of the federal
courts to declare legislative and executive acts unconstitutional
FOIA (Freedom of Information Act) of 1966 - Answer-Requires federal agencies to
release files to the public, unless the material falls into certain exceptions for national
security or other confidential information
White Collar Crime - Answer-Nonviolent crime committed by individuals or corporations
to obtain a personal or business advantage.
Elements of a Crime - Answer-Two main elements: The wrongful act (actus reus) and
the criminal intent (mens rea)
Actus reus: refers to the physical elements of the crime itself, including the act and its
consequences
Mens rea: the mental element, intentionally engaging in prohibited conduct
Shopkeeper's Privilege - Answer-Right of a store owner to detain a suspected shoplifter
based on reasonable cause and for a reasonable time without resulting liability for false
imprisonment
False Imprisonment - Answer-The intentional confinement or restraint of another
person's activities without justification
Respondeat Superior - Answer-"Let the master answer" ... An employer is vicariously
liable for the behavior of an employee working within his or her scope of employment
Courts of Equity - Answer-A court that decides controversies and administers justice
according to the rules, principles, and precedents of equity.
Courts of equity have remedies such as injuction (ordering a party to do or refrain from
a specific act); reformation (upon mutual mistake, contracting parties could rewrite
contract); and rescission (parties can invalidate a contract).
Courts of equity essentially rule over anything not black/white and written down.
Sarbanes-Oxley Act of 2002 - Answer-Established requirements for proper financial
record keeping for public companies and penalties of as much as 25 years in prison for
, noncompliance
Privileges - Answer-In terms of evidence, certain information is considered privileged
and not subject to disclosure or discovery. E.g. Attorney-client privilege.
Business Visitor - Answer-A person invited to enter or remain on premises for a purpose
directly or indirectly concerning business dealings with the possessor of the land, such
as one who enters a store or a worker who enters a residence to make repairs.
Checks and Balances - Answer-A system that allows each branch of government to limit
the powers of the other branches in order to prevent abuse of power
Federal Register - Answer-A publication of the U.S. government that prints executive
orders, rules, and new/proposed regulations.
Powers of Administrative Agencies - Answer-Adopt legislative rules and regulations,
conduct investigations to see if rules have been violated, and hold hearings like courts -
but only with administrative law judge, no trial by jury.
Powers are limited (checked) by judicial review, legislative control (Congress controls
their budget), and exec. branch control (Pres. can appoint members of the agency)
Duty of Care - Answer-The duty of all persons, as established by tort law, to exercise a
reasonable amount of care in their dealings with others. Failure to exercise due care,
which is normally determined by the reasonable person standard, constitutes the tort of
negligence.
Unreasonable Searches and Seizures - Answer-Obtaining evidence in a haphazard or
random manner, a practice prohibited by the Fourth Amendment. Probable cause
and/or a search warrant are required for a legal and proper search for/seizure of
incriminating evidence.
Criminal Defenses - Answer-Legally recognized justification for illegal actions, or
acceptance that individuals were not legally responsible for their actions.
Duress: Coercion by threat.
Mistake of Fact: Honest belief that an act is not criminal.
Entrapment: Inducement by a law enforcement official to commit a crime.
Assault and Battery - Answer-Assault includes a threat or attempt to injure, and battery
includes the unlawful touching of another person without consent
Crimes Against Business - Answer-Larceny (stealing property), embezzlement, robbery
(larceny with force), burglary (larceny while victim is absent), extortion, bribery, forgery,
etc.
QUESTIONS WITH UPDATED AND
REVISED ANSWERS
Brown vs. Board of Education (1954) - Answer-Supreme Court declared it
unconstitutional for states to make laws separating public schools for black and white
students
Marbury vs. Madison - Answer-Established judicial review - the power of the federal
courts to declare legislative and executive acts unconstitutional
FOIA (Freedom of Information Act) of 1966 - Answer-Requires federal agencies to
release files to the public, unless the material falls into certain exceptions for national
security or other confidential information
White Collar Crime - Answer-Nonviolent crime committed by individuals or corporations
to obtain a personal or business advantage.
Elements of a Crime - Answer-Two main elements: The wrongful act (actus reus) and
the criminal intent (mens rea)
Actus reus: refers to the physical elements of the crime itself, including the act and its
consequences
Mens rea: the mental element, intentionally engaging in prohibited conduct
Shopkeeper's Privilege - Answer-Right of a store owner to detain a suspected shoplifter
based on reasonable cause and for a reasonable time without resulting liability for false
imprisonment
False Imprisonment - Answer-The intentional confinement or restraint of another
person's activities without justification
Respondeat Superior - Answer-"Let the master answer" ... An employer is vicariously
liable for the behavior of an employee working within his or her scope of employment
Courts of Equity - Answer-A court that decides controversies and administers justice
according to the rules, principles, and precedents of equity.
Courts of equity have remedies such as injuction (ordering a party to do or refrain from
a specific act); reformation (upon mutual mistake, contracting parties could rewrite
contract); and rescission (parties can invalidate a contract).
Courts of equity essentially rule over anything not black/white and written down.
Sarbanes-Oxley Act of 2002 - Answer-Established requirements for proper financial
record keeping for public companies and penalties of as much as 25 years in prison for
, noncompliance
Privileges - Answer-In terms of evidence, certain information is considered privileged
and not subject to disclosure or discovery. E.g. Attorney-client privilege.
Business Visitor - Answer-A person invited to enter or remain on premises for a purpose
directly or indirectly concerning business dealings with the possessor of the land, such
as one who enters a store or a worker who enters a residence to make repairs.
Checks and Balances - Answer-A system that allows each branch of government to limit
the powers of the other branches in order to prevent abuse of power
Federal Register - Answer-A publication of the U.S. government that prints executive
orders, rules, and new/proposed regulations.
Powers of Administrative Agencies - Answer-Adopt legislative rules and regulations,
conduct investigations to see if rules have been violated, and hold hearings like courts -
but only with administrative law judge, no trial by jury.
Powers are limited (checked) by judicial review, legislative control (Congress controls
their budget), and exec. branch control (Pres. can appoint members of the agency)
Duty of Care - Answer-The duty of all persons, as established by tort law, to exercise a
reasonable amount of care in their dealings with others. Failure to exercise due care,
which is normally determined by the reasonable person standard, constitutes the tort of
negligence.
Unreasonable Searches and Seizures - Answer-Obtaining evidence in a haphazard or
random manner, a practice prohibited by the Fourth Amendment. Probable cause
and/or a search warrant are required for a legal and proper search for/seizure of
incriminating evidence.
Criminal Defenses - Answer-Legally recognized justification for illegal actions, or
acceptance that individuals were not legally responsible for their actions.
Duress: Coercion by threat.
Mistake of Fact: Honest belief that an act is not criminal.
Entrapment: Inducement by a law enforcement official to commit a crime.
Assault and Battery - Answer-Assault includes a threat or attempt to injure, and battery
includes the unlawful touching of another person without consent
Crimes Against Business - Answer-Larceny (stealing property), embezzlement, robbery
(larceny with force), burglary (larceny while victim is absent), extortion, bribery, forgery,
etc.
