BLAW Exam 1 questions 2023 with complete solutions

Emma was texting while driving when she crashed into Olivia's car. Olivia's car was totaled and Olivia suffered a broken leg. Olivia filed a civil suit against Emma to recover damages. Also, Emma is a defendant in a criminal prosecution for violating state law prohibiting texting while driving. Which trial will have the highest burden of proof? A. Civil trial, because Olivia must prove Emma liable beyond a reasonable doubt B. Civil trial, because Olivia must prove Emma liable by a preponderance of the evidence. C. Criminal trial, because the prosecutor must prove Emma guilty beyond a reasonable doubt D. Criminal trial, because the prosecutor must prove Emma guilty by clear and convincing evidence E. The criminal and the civil trial will have the same burden of proof as required by the U.S. Constitution C 2. The Texas Supreme Court has rendered a decision on a unique negligence issue. No Texas statute or other law addresses this topic. Will Texas trial courts be required to follow the Texas Supreme Court if they try a case with similar facts? A. No, because this contradicts the common law system B. No, because this contradicts the civil law system C. Yes, as this is an example of how the civil law system in Texas works D. Yes, as this is an example of how the common law system in Texas works E. Yes, as required by the famous case of Marbury v. Madison D 3. California Police Officer Smith allegedly used unreasonable force when arresting Mia for possession of marijuana. Officer Smith has been charged with assault in a state criminal case and with civil rights violations in a federal case. Officer Smith requests dismissal of the state case, citing the Fifth Amendment's double jeopardy clause. The judge will likely: A. Grant Officer Smith's request because double jeopardy prohibits anyone being prosecuted twice for the same crime B. Grant Officer Smith's request because double jeopardy requires federal cases to supersede state cases C. Deny Officer Smith's request because the state and federal governments are separate sovereigns D. Deny Officer Smith's request because double jeopardy does not apply to state governments E. Certify the question to the appropriate appellate court, since this is an issue of law, not fact C 4. The Massachusetts legislature passes a statute making it a criminal offense to disparage Tom Brady or Bill Belichick (both famous employees of the New England Patriots football team). Which part of government may decide the constitutionality of this statute? A. No part of government may determine that a state statute is unconstitutional B. The U.S. Department of Justice because the agency's enabling statute grants judicial review powers C. The U.S. President because the executive has power to enforce or deny laws under the constitution D. The U.S. Congress because the supremacy clause gives the federal legislature power over state legislatures E. The judiciary because of the power of judicial review as stated in Marbury v. Madison E