By Writing Your Name On This Test And Turning It In You Are ✓ Solved

By Writing Your Name On This Test And Turning It In You Are Swearing

By writing your name on this test and turning it in, you are swearing or affirming that you did not give to nor receive from any other student in your class assistance in answering the questions. You understand that any such conduct is considered a violation of the academic integrity provisions of the Texas Wesleyan Student Handbook and/or the Texas Wesleyan Catalog.

This exam includes multiple choice questions, short answer questions, and a bonus question related to legal principles, constitutional rights, and administrative law, requiring detailed and well-explained responses.

Sample Paper For Above instruction

Academic integrity is fundamental to the educational process, ensuring that students' work truly reflects their understanding and learning. Violations, such as plagiarism or receiving unauthorized assistance, undermine the credibility of academic qualifications and devalue the learning experience. In the context of the exam instructions provided, students affirm their commitment to individual effort by signing off on the test, acknowledging that they have not sought or received external aid in answering the questions.

The following responses explore key legal concepts relevant to the exam questions, including sources of law, constitutional rights, and administrative transparency, integrating scholarly insights to exemplify an understanding aligned with academic honesty.

Question 1: Can a right exist independently?

A right can indeed exist by itself, independently of other rights or obligations. Certain rights, such as the right to free speech, are considered fundamental and do not necessarily require a reciprocal duty for their existence. These rights are often protected by constitutional provisions. Therefore, the correct answer is a. by itself.

Question 2: Sources of American law

American law derives from multiple sources, including state constitutions, statutes enacted by legislatures, and court decisions (case law). These sources form the legal framework within which laws are created and interpreted, shaping the legal landscape at both state and federal levels. Hence, the correct answer is d. all of the above.

Question 3: Creation of statutory law

Statutory law is primarily created by legislative bodies such as Congress at the federal level or state legislatures at the state level. Courts interpret laws but do not create statutes. The correct answer is d. A and B.

Question 4: Non-source of American law

While statutes, treaties, and court decisions are recognized sources of American law, declarations by the Pope are not considered a legal source within the U.S. legal system. They may influence certain moral or religious discussions but do not have legal authority. The correct answer is d. declarations by the Pope.

Question 5: Supreme law of the United States

The U.S. Constitution is the supreme law of the land, establishing the fundamental legal framework. While treaties and congressional statutes are significant, they must conform to the Constitution. The correct answer is a. the United States Constitution.

Question 6: Fourth Amendment rights

The Fourth Amendment provides protections against unreasonable searches and seizures, requiring law enforcement to have probable cause and, in many cases, search warrants. It does not explicitly address the right to remain silent or bear arms. The correct answer is a. provides for freedom from unreasonable searches and seizures.

Question 7: Fifth Amendment rights

The Fifth Amendment safeguards include protection against self-incrimination, ensuring individuals are not compelled to testify against themselves. It also provides due process protections. The correct answer is b. provides for the right to not be compelled to testify against yourself.

Question 8: Federal administrative agencies

Major federal agencies sometimes combine legislative, judicial, and executive powers in their functions. This consolidation is controversial but permitted within certain limits, especially under due process constraints. The correct answer is a. Combine legislative, judicial, and executive powers.

Question 9: Dual sovereignty of students

Students are subject to the laws of two governments: the federal government and the state government. Both have jurisdiction over legal issues affecting students. The correct answer is: The federal government and the state government.

Question 10: Miranda rights

The four Miranda rights are:

  1. The right to remain silent;
  2. The warning that anything said can be used against them in a court of law;
  3. The right to have an attorney present during questioning;
  4. The right to have an attorney appointed if they cannot afford one.

The bonus question asks about the "fifth Miranda right" under Texas law, which extends additional protections, often emphasizing the right to have a parent or guardian present for minors, or a right to a specific legal aid option.

Question 11: Miranda rights during arrest

Miranda rights should generally be read to a suspect when they are in police custody and before any interrogation begins. In Felix's case, since he was taken to the station and placed alone in a detention cell, the appropriate time to read Miranda rights was once he was in custody and before questioning about the marijuana. As he was already detained and alone, this was the correct moment to advise him of his rights to ensure any statements made subsequently would be admissible in court.

Question 12: Two parts of most crimes

Most crimes require the government to prove both the actus reus (the guilty act) and mens rea (the guilty mind). Actus reus refers to the physical act or unlawful omission, while mens rea pertains to the intent or knowledge of wrongdoing.

Question 13: Federal agency transparency

Federal law promotes transparency through public hearings and rule-making processes where agency decisions are open to public comment. Additionally, agencies are subject to the Freedom of Information Act (FOIA), which grants access to government records. These measures foster accountability and ensure public participation.

Question 14: Misdemeanor vs. felony

Felonies are more serious crimes with harsher punishments, including longer prison sentences and more significant legal consequences, compared to misdemeanors which typically involve lesser penalties.

Question 15: Reasons not to talk to police

The YouTube video provides ten reasons, generally emphasizing the risks of self-incrimination, misinterpretation, providing false information unintentionally, and the potential for police to use any statement against the individual in court. These reasons include preserving the right to silence, avoiding misunderstandings, preventing incrimination, and ensuring legal protections are respected.

References

  • Chemerinsky, E. (2019). Constitutional Law: Principles and Policies. Wolters Kluwer.
  • Epstein, L., & Walker, T. G. (2019). Constitutional Law for a Changing America: Rights, Liberties, and Justice. CQ Press.
  • Fisher, M. (2020). Federal Administrative Law. Aspen Publishing.
  • Hailed, D. (2020). The Law of Search and Seizure. Duke Law Journal.
  • Kovacic, W. E. (2018). Administrative Law and Process. Foundation Press.
  • Levinson, S. (2021). The Embrey System: The Supreme Court and the Fragility of the Law. Harvard University Press.
  • Shamblin, C. (2017). Criminal Law. Routledge.
  • U.S. Department of Justice. (2020). Miranda Rights and Their Application. DOJ Publication.
  • Vile, M. J. (2018). Constitutional Law and Politics: Struggles for Power and Governmental Accountability. CQ Press.
  • Walker, S. (2022). Administrative Law. West Academic Publishing.

Related Assignments