LSTD302 Midterm

Topics: United States Constitution, Fourteenth Amendment to the United States Constitution, Strict scrutiny Pages: 8 (1218 words) Published: December 3, 2014
Comment: Overall very good job on the exam. Thanks for all your efforts in this course and please keep up the good work.

Part 1 of 2 -
63.0/ 70.0 Points

Question 1 of 12
7.0/ 7.0 Points
A statute that violates or inhibits fundamental constitutional protections is presumptively invalid.

True
False

Answer Key: True

Feedback: ch. 3

Question 2 of 12
7.0/ 7.0 Points
The defendant can be the initial aggressor and still raise a self-defense claim in some jurisdictions if the defendant withdraws from the attack and the attacked individual persists.

True
False

Answer Key: True

Feedback: ch. 5

Question 3 of 12
7.0/ 7.0 Points
The US Supreme Court has held that the Second Amendment does NOT apply only to the militia.

True
False

Answer Key: True

Feedback: ch. 3

Question 4 of 12
7.0/ 7.0 Points
If the defendant honestly but unreasonably believes self-defense is necessary under the circumstances, a claim of imperfect self-defense may reduce the severity of the offense.

True
False

Answer Key: True

Feedback: ch. 5

Question 5 of 12
7.0/ 7.0 Points
Which of the following is an example of criminal law?

A.Wills and trusts.

B.Assault.

C.Contracts.

D.Torts

Answer Key: B

Feedback: ch. 1

Question 6 of 12
7.0/ 7.0 Points
The victim’s opinion is one factor a court will consider when deciding whether or not to waive jurisdiction of a juvenile to adult court.

True
False

Answer Key: False

Feedback: ch. 6

Question 7 of 12
7.0/ 7.0 Points
A criminal defendant may not be prosecuted under both federal and state criminal laws for the same criminal act.

True
False

Answer Key: False

Feedback: ch. 2

Question 8 of 12
7.0/ 7.0 Points
With vicarious liability, the acting defendant is NOT criminally responsible for his or her conduct.

True
False

Answer Key: False

Feedback: ch. 7

Question 9 of 12
7.0/ 7.0 Points
A public defender will be appointed to a defendant who cannot afford an attorney and who:

A.is facing incarceration.

B.must pay a fine.is charged with an infraction.

C.none of the above.

Answer Key: A

Feedback: ch. 1

Question 10 of 12
0.0/ 7.0 Points
Ex post facto protection applies only to criminal laws.

True
False

Answer Key: True

Feedback: ch. 3

Part 2 of 2 - essay
26.0/ 30.0 Points

Question 11 of 12
12.0/ 15.0 Points
Please describe the test the court uses to analyze alleged discrimination under the Equal Protection Clause.

Please answer thoroughly and list your references in Bluebook format.

Please use a minimum of 250 words in your essay answer.

            Before we take a look at what measures the court takes to analyze alleged discrimination, we must first understand what protections are afforded to prevent discrimination.  The Cornell University Law Shool web site tells us that the Equal Protection Clause is part of the 14th Amendment to the U.S. Constitution and simply prohibits states from denying any person that falls under their jurisdiction any of the protections that are a part of that system’s laws (Cornell University Law School, 2014).  Now, most would recognize the fact that the United States’ legal system in regards to discrimination is not black and white and the American social construct is one of extreme complexity when it comes to diversity and discrimination.  The Supreme Court has had to aggressively adapt over the years and today has a series of tests that are performed in order to gauge allegations of discrimination.  The Legal Dictionary web site tells us that one of these tests is also known as the three tiered approach to examining this issue.  The first tier is referred to as strict scrutiny; which is when the government strikes down any legislation involving...

References: Cornell University Law School, Equal Protection. (2014)
http://www.law.cornell.edu/supct/html/03-1454.ZO.html
Farlex Inc., Legal-Dictionary; The Free Dictionary by Farlex. (2014)
http://legal-dictionary.thefreedictionary.com/Equal+Protection+Clause
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Midterm Essay
  • Essay on Midterm
  • midterm Research Paper
  • Midterm Essay
  • Midterm Essay
  • Midterm Essay
  • Essay on Midterm
  • Midterm Essay

Become a StudyMode Member

Sign Up - It's Free