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Part I. Latin Words and Phrases (10 Points: 1 point each)

1. malum in se: ___________________________________________________________

2. malum prohibitum: ______________________________________________________

3. ex post facto: __________________________________________________________

4. res ipsa loquitor: ________________________________________________________

5. non sequitor: ___________________________________________________________

6. habeas corpus: _________________________________________________________

7. ad infinitum: __________________________________________________________

8. quid pro quo: __________________________________________________________

9. mens rea: _____________________________________________________________

10. stare decisis: __________________________________________________________

Part II. Name That Amendment (1 point each)

11. Which amendment guarantees the right of a citizen to bear arms? ________________

12. Which amendment guarantees the right of a citizen to free speech? _______________

13. Which amendment guarantees the right of a citizen against self-incrimination? _____

14. The 19^th amendment did what? ___________________________________________

15. The 26^th amendment did what? ___________________________________________

Part III. Short Answer (20 Points: 4 points each)

16. What is the significance of the holding of McCulloch v. Maryland? What are implied powers?

17. What is “Liberty of Contract”? Cite a relevant case.

18. When was the power first asserted in Marbury v. Madison next used again? What was the result?

19. What is the significance of the holding of Miranda v. Arizona? What was the result?

20. What is the significance of the holding of Griswold v. Connecticut? What was the result?

Part III. Analysis (50 Points: 10 points each)

21. The Supreme Court of the U.S. has the power to determine the constitutionality of acts by the other branches of government. From where did that power originate? What is it called? How was it first asserted?

22. What is a “long arm” statute? How does purposeful availment affect the evaluation of minimum contacts? Upon what is it based?

23. Why is the concept of intent important in law?

24. From where does the right of privacy originate? When was it first asserted?

25. How would you compare the William H. Rehnquist court to that of John Marshall?

Part V. Hypothetical – Argument (15 Points)

26. You have a friend, Charley, who considers himself an avant-guarde artist. Charley is constantly coming up with new ideas. This is a source of amusement for you as Charley often fails to think things through and is usually shocked when you point out the obvious flaws in his latest, greatest, idea. Recently, Charley heard of a college professor who was given a distinguished research award for playing a clarinet with birds, and was inspired, as Charley describes, to “new creative heights.”

Charley’s latest idea is to use recent advances in computer processing power and applications to make photo-realistic child pornography without actual children. He argues, “The pedophiles can get their jollies while no children are harmed.”

In a more structured way than you would try to explain to Charley, outline the legal and ethical arguments for and against his proposal.

Then I have these questions below also:

Part I. Latin Words and Phrases (1 point each)

1. malum in se:

2. malum prohibitum:

3. ex post facto:

4. res ipsa loquitor:

5. non sequitor:

6. caveat emptor:

7. datum:

8. quid pro quo:

9. mens rea:

10. stare decisis:

Part II. Analysis (8 points each)

11. The Supreme Court of the U.S. has the power to determine the constitutionality of acts by the other branches of government. From where did that power originate? What is it called? How was it first asserted?

12. What is a “long arm” statute? How does purposeful availment affect the evaluation of minimum contacts? Upon what is it based?

13. Why is jurisdiction a threshold issue regarding any legal matter?

14. From where does the right of privacy originate? When was it first asserted?

15. To what does the phrase: “the fruit of the poisonous tree,” refer? To which cases is the idea relevant?

Part III. Short Answer (5 points each)

16. When was the power first asserted in Marbury v. Madison next used again used again?

17. What is the significance of the holding of McCulloch v. Maryland? What are implied powers?

18. What is “Liberty of Contract”? Cite a relevant case.

19. What is a “Strict Constructionist”?

20. How would you compare the Earl Warren court to that of Stephen Field?

17. How would you compare the William H. Rehnquist court to that of John Marshall?

Part IV. Hypotheticals (10 points each)

18. You are in a computer lab that allows you root privileges and to install additional hardware. Taking advantage of this opportunity you decide to install a new graphics card. When you do so, something goes wrong and a small fire is started. Property is damaged and the person at the station next to you is injured. Are you guilty of any crime? Are you liable for the resulting damage? What are the considerations?

19. You are in a computer lab that allows you root privileges and to install additional hardware. Taking advantage of this opportunity you decide to install some shareware software you downloaded from the Internet. When you do so, a virus is spread throughout the various computer systems of the university causing private information to be exposed and causing multiple crashes costing thousands of dollars to repair. Are you guilty of any crime? Are you liable for the resulting damages? What are the considerations?