1. Law in American Society Test Review: Chapters 17, 18, 19, 23, 30, & 36
Mr. Novak
Periods 1 & 5
3/2/10
Uplift Community High School

2. Sneak and peek searches are…
Searches without warrants and with delayed notice to the person whose property has been searched.

3. What is the purpose of the USA Patriot Act?
To intercept communications among terrorist groups
To trace the sources of money funding terrorists
To find and detain terrorists who enter the U.S. as immigrants

4. Plaintiffs in tort suits are seeking what?
A remedy

5. What is a historical example of the government taking away the rights of citizens during times of crisis?
Removal of people, including citizens, of Japanese heritage to internment camps.

6. The saying that, “For every interference with a recognized legal right, the law will provide a remedy,” which means what?
Occasionally a person may be able to recover damages without fitting their case into an existing category of torts.

7. Military tribunals can…
Use hearsay as evidence.
Meet in secret
Authorize the death penalty with a two-thirds vote of the judges.

8. The Foreign Intelligence Surveillance Court…
Was not created by the USA Patriot Act
Did not have open hearings
Did not have published rulings

9. Conversion, which is an intentional tort, is also the crime of…
Larceny

10. What is a feature of tort law that supports the fact that the government permits adults to purchase cigarettes rather than banning them altogether?
Preservation of individual choice

11. What is true about contracts?
For a contract to be valid there must be an exchange of consideration.

12. The burden of proof in a tort suit is…
Preponderance of the evidence

13. Money awarded to the plaintiff to punish the defendant for malicious, willful, or outrageous acts is…
Punitive damages

14. Symbolic damages that show the plaintiff was wronged even though there was not substantial injury or loss are called…
Nominal damages

15. What is a defense to intentional torts?
Consent

16. Burglary is a crime and is also what kind of tort?
Trespassing

17. Something of value that is exchanged in a contract for something else of value is…
Consideration

18. Copyrights protect…
Any expression that is somehow fixed (written down or stored on a computer disk).

19. Jorie slipped and spilled his hot coffee on Tim
Jorie slipped and spilled his hot coffee on Tim. Tim retaliated by throwing lemonade on Jorie. Jorie committed…
No tort

20. An invention that is in the public domain means that…
Anyone may sell and profit from the invention.

21. A minor, or person under the age of legal majority may…
Legally enter into contracts

22. What do military tribunals do?
Can meet in secret and can allow hearsay as evidence.

23. Is this true…the Constitution protects people from action by the government?
Yes

24. The statue of frauds requires that certain contracts be in writing to be enforceable, including contracts for the sale of…
Real estate

25. The federal Defense of Marriage Act of 1996 provides that…
States do not have to recognize same-sex unions created in other states.

26. Is this true…the Bill of Rights was designed to protect against the power of the federal government?
Yes

27. Foreign Intelligence Surveillance Courts can…
Authorize wiretaps to monitor communications, without probable cause.

28. A person can get a patent on an
Invention

29. Hao promises to pay Sydney $20 to give her a copy of the history test that is to be given on the next day. Sydney gives Hao the test but Hao refuses to pay the money. The contract between Hao and Sydney is…
Illegal

30. A person wishing to manufacture and sell a product that another holds the patent on…
Must wait 20 years from the time the other person got the patent.

31. What does the Department of Homeland Security do?
Coordinates federal antiterrorism activities.

32. What can unlawful combatants do?
They can likely to be tried in military tribunals.

33. U.S. Trial Courts…
Can delay notification of people whose premises have been searched.
Must provide defendants with attorneys if they are too poor to hire one.
Can use evidence authorized secretly in criminal trials.

34. What is a minor?
A person under the age of legal majority.

35. What is false imprisonment?
Being wrongfully confined against one’s will.

36. Class action is…
A lawsuit brought by one or more persons on behalf of a larger group.

37. What is intentional tort?
The action taken that deliberately harms another person or his or her property.

38. Premiums are…
Payments made for insurance coverage.

39. Safety and security is…
Balanced against restrictions on civil liberties during times of crisis.

40. Foreign Intelligence Surveillance Act Court…
Established to gather foreign intelligence.
Keeps all records and rulings secret.
Can approve wiretaps without probably cause.

41. Contingency is a…
Type of fee arrangement in tort suits in which plaintiff’s attorney is paid from the damages awarded.

42. What is conversion?
An unlawful control of another’s personal property.

43. Liability is the…
Responsibility for injuries caused.

44. What is slander?
Oral statements that harm another person’s reputation.

45. What is standard of proof?
The amount of evidence the prosecutor must present in order to win the case.

46. What is unconscionable?
An excessively unfair contract.

47. What does breach mean?
To violate the agreements of a contract.

48. What was the Family and Medical Leave Act?
Grants employees unpaid leave to care for sick relatives and new children.

49. What is consideration?
The things of value which are exchanged in a contract.

50. What is a cosigner?
A person who promises to be responsible along with another person for that person’s contract.

51. What is infringement?
Unauthorized use of another’s patent or copyright.

52. What is the Defense of Marriage Act?
Law establishing the right of states not to have to recognize same-sex unions.

53. What was Loving v. Virginia about?
It determined that laws prohibiting interracial marriages violated the Constitution.

54. What is an estate?
Property distributed after one’s death.

55. What are social and economic rights?
A type of rights not included in U.S. Constitution.

56. What is an amendment?
An addition to the U.S. Constitution

57. What is the age of majority?
Requirement for a person to make a valid will.

58. What are government actions?
U.S. Constitution protects against this type of violation.

59. What is a test?
It refers to a standard by which cases are decided in the courts.

60. What does absolute mean?
Unrestricted exercise of rights