LENB Test 1- Questions & Answers
establishment clause Correct Ans-Part of the First Amendment stating that "Congress shall
make no law respecting an establishment of religion."
free-exercise clause Correct Ans-A First Amendment provision that prohibits government
from interfering with the practice of religion.
search warrant Correct Ans-A court order allowing law enforcement officers to search a
suspect's home or business and take specific items as evidence
due process clause Correct Ans-Clause in the Fifth Amendment limiting the power of the
national government; similar clause in the Fourteenth Amendment prohibiting state
governments from depriving any person of life, liberty, or property without due process of law.
procedural due process Correct Ans-the requirement that government follow certain
procedures before punishing a person of his or her life, liberty, or property
substantive due process Correct Ans-the requirement for laws depriving an individual of life,
liberty, or property to be fair and not arbitrary
takings clause Correct Ans-a clause in the Fifth Amendment that prohibits the government
from taking private property for public use "without just compensation"
equal protection clause Correct Ans-a clause in the 14th amendment that prevents states
from denying "the equal protection of the laws" to any citizen
strict scrutiny Correct Ans-The most exacting standard of review used by the courts in
determining the constitutionality of a statute; requires a compelling government interest and
the least restrictive means of attaining that objective.
, intermediate scrutiny Correct Ans-A standard of review under which a law must be necessary
to achieve a substantial, or important, government interest and it must be narrowly tailored to
that interest.
rational-basis test Correct Ans-The lowest standard of review; requires that a law be
designed to protect a legitimate state interest and be rationally related to that interest.
actus reas Correct Ans-the physical part of the crime; the guilty act
mens rea Correct Ans-the mental state accompanying a wrongful behavior; guilty mind
liability without fault Correct Ans-A legal term that imposes responsibility for damages
regardless of the existence of negligence. Also called strict liability.
strict liability Correct Ans-a legal term that imposes responsibility for damages regardless of
the existence of negligence
felony Correct Ans-a serious crime, such as murder, rape, or robbery, that is punishable by
imprisonment for more than one year or by death
misdemeanor Correct Ans-A crime that is less serious than a felony and is punishable by a
fine and/or imprisonment for less than one year.
petty offense Correct Ans-A minor crime that is punishable by a small fine and/or
imprisonment for less than six months in a jail.
white-collar crime Correct Ans-a variety of nonviolent illegal acts against society that occur
most frequently in the business context
establishment clause Correct Ans-Part of the First Amendment stating that "Congress shall
make no law respecting an establishment of religion."
free-exercise clause Correct Ans-A First Amendment provision that prohibits government
from interfering with the practice of religion.
search warrant Correct Ans-A court order allowing law enforcement officers to search a
suspect's home or business and take specific items as evidence
due process clause Correct Ans-Clause in the Fifth Amendment limiting the power of the
national government; similar clause in the Fourteenth Amendment prohibiting state
governments from depriving any person of life, liberty, or property without due process of law.
procedural due process Correct Ans-the requirement that government follow certain
procedures before punishing a person of his or her life, liberty, or property
substantive due process Correct Ans-the requirement for laws depriving an individual of life,
liberty, or property to be fair and not arbitrary
takings clause Correct Ans-a clause in the Fifth Amendment that prohibits the government
from taking private property for public use "without just compensation"
equal protection clause Correct Ans-a clause in the 14th amendment that prevents states
from denying "the equal protection of the laws" to any citizen
strict scrutiny Correct Ans-The most exacting standard of review used by the courts in
determining the constitutionality of a statute; requires a compelling government interest and
the least restrictive means of attaining that objective.
, intermediate scrutiny Correct Ans-A standard of review under which a law must be necessary
to achieve a substantial, or important, government interest and it must be narrowly tailored to
that interest.
rational-basis test Correct Ans-The lowest standard of review; requires that a law be
designed to protect a legitimate state interest and be rationally related to that interest.
actus reas Correct Ans-the physical part of the crime; the guilty act
mens rea Correct Ans-the mental state accompanying a wrongful behavior; guilty mind
liability without fault Correct Ans-A legal term that imposes responsibility for damages
regardless of the existence of negligence. Also called strict liability.
strict liability Correct Ans-a legal term that imposes responsibility for damages regardless of
the existence of negligence
felony Correct Ans-a serious crime, such as murder, rape, or robbery, that is punishable by
imprisonment for more than one year or by death
misdemeanor Correct Ans-A crime that is less serious than a felony and is punishable by a
fine and/or imprisonment for less than one year.
petty offense Correct Ans-A minor crime that is punishable by a small fine and/or
imprisonment for less than six months in a jail.
white-collar crime Correct Ans-a variety of nonviolent illegal acts against society that occur
most frequently in the business context
