LES 305 Exam 1 Review ASU, Clark Questions And Answers Verified 100% Correct

LES 305 Exam 1 Review ASU, Clark Questions And Answers Verified 100% Correct The Commerce Clause is found in: A. federal statutes B. Administrative regulations C. the U.S. Constitution D. Restatement 2d Torts - ANSWER -C. The U.S. Constitution Article 1, Section 8 in the enumerated powers clause Once a plaintiff has examined a witness at trial, the defendant has the right to ___. A. direct examination of the witness B. re-direct examination of the witness C. cross examination of the witness D. call the defendant's own witnesses - ANSWER -C. Cross examination of the witness When the founders wrote the Constitution, they limited Congress' power to regulate commerce through the: A) supremacy clause B) commerce clause C) due process clause D) direct and immediate effect test - ANSWER -B. Commerce Clause Article III of the U.S. Constitution creates this branch of the federal government: A) the legislative branch B) the judicial branch C) the executive branch D) the administrative agencies - ANSWER -B. Judicial Branch Legislative-article 1 Executive- article 2 Judicial-article 3 The ________ is responsible for making federal law. A) President B) executive branch C) legislative branch D) Supreme Court - ANSWER -C. Legislative Branch The ________ provides that federal law takes precedence over state or local law when the laws are in conflict. A) supremacy clause B) commerce clause C) due process clause D) free exercise clause - ANSWER -A. Supremacy Clause Which of the following statements is true about states' police power? A) Police power restricts states from regulating inter-state commerce B) Police power allows states to regulate any activity within their borders C) The states are given the authority to enact laws that regulate inter-state commerce D) The police force of a state is jointly controlled by the federal and state governments - ANSWER -C) The states are given the authority to enact laws that regulate inter-state commerce The first ten amendments to the U.S. Constitution are collectively known as the ________. A) Due Process Clause B) Free Exercise Clause C) Bill of Rights D) Articles - ANSWER -C. Bill of Rights Who is the plaintiff in a criminal lawsuit? A) the respondent B) the government C) a private party D) the victim - ANSWER -B. The government Which of the following types of protection does the Fourth Amendment provide to U.S. citizens? A) protection against self-incrimination B) protection against being tried for the same case twice C) protection from unreasonable search and seizure by the government D) freedom of religion - ANSWER -C. Protection from unreasonable search and seizure by the government In which of the following circumstances is a warrantless search permitted? A) if evidence is not in plain view B) if evidence is likely to be destroyed C) if the suspect has been previously convicted D) if there is no probable cause - ANSWER -B. If evidence is likely to be destroyed. Actress Shirley Jones, a resident of California, filed a defamation case in California against a Florida corporation that published the National Enquirer magazine. Minimum contacts ___ because the defendant had no physical presence or other contacts in California. However, the U.S. Supreme Court ruled that under what is now known as the effects test, jurisdiction was proper because it was foreseeable that the defendant's actions would lead to injuries in the plaintiff's state. A) did exist B) did not exist C) once existed D) ceased to - ANSWER -B. did not exist Judges do not always follow case precedent. Case precedent is: A. followed if the parties in the both case are the same B. always followed if the precedent comes form within the state C. examined in each case and always followed if the facts are similar D. part of the doctrine of stare decisis - ANSWER -D. part of the doctrine stare