A) The government may impose a double sentence on a repeat offender in order to protect the public.
B) The government must show that at least two people were injured by the defendant in order to justify trying the defendant twice for the same crime.
C) The government cannot try a person more than once for the same crime.
D) The government cannot try a person more than twice for the same crime.
E) The government must have double proof to prosecute a person twice for the same crime.
G) C) and D)
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If a law prevents individuals from exerc...View Answer
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B) False
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A) Search warrant
B) Subpoena warrant
C) Search authorization form
D) Review authorization
E) Seek warrant
G) A) and C)
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A) As long as the law is not objected to by any state affected within six months of its passage,it is constitutional.
B) As long as the law is approved by any state affected,it is constitutional.
C) The law will only be constitutional if it affects taxation in some way.
D) As long as the law involves in some way a right guaranteed by the Bill of Rights,it is constitutional.
E) As long as the law affects commerce among the states,or interstate commerce,in some way,the regulation is generally constitutional.
G) D) and E)
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A) When a person's compliance with Montana state regulation would not cause him or her to be in violation of a federal regulation.
B) Never.A state cannot regulate the same subject matter as the federal government.
C) Only if the Montana law serves a compelling government interest.
D) Only if there is no federal law regarding the subject matter in the Montana state law.
E) Only when federal law expressly provides Montana with permission.
G) None of the above
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A) While the term "political speech" has historical connections,the First Amendment is not referenced in relation to "political speech" today because today all speech is considered at the same level.
B) Speech by private citizens involving advertising that is regulated by state government.
C) Speech that occurs when corporations support political candidates.
D) Speech by any citizen in connection with an election campaign.
E) Speech by elected officials regarding other elected officials.
G) C) and E)
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A) The Supreme Court struck the "individual mandate" from the Affordable Care Act as a violation of the taxing clause but allowed the remainder of the law to remain.
B) The Supreme Court upheld the "individual mandate" of the Affordable Care Act on the basis that it was a valid exercise of congressional power under the taxing clause and also under the Commerce Clause.
C) The Supreme Court upheld the "individual mandate of the Affordable Care Act on the basis that it was a valid exercise of congressional power" under the commerce clause.
D) The Supreme Court upheld the "individual mandate" of the Affordable Care Act on the basis that it was a valid exercise of congressional power under the taxing clause.
E) The Supreme Court struck the "individual mandate" from the Affordable Care Act as a violation of the Commerce Clause but allowed the remainder of the law to remain.
G) B) and D)
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B) False
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A) The police violated Sam's Fourth Amendment rights in using the thermal imager.
B) The police acted within their rights so long as they can show that Sam had been in jail previously on a drug offense charge.
C) The police acted within their rights so long as they can show that they asked a judge for a warrant before using the thermal imager,but the judge refused.
D) The police acted legally so long as they can show that Sam had been in jail previously for any offense.
E) The police acted within their rights so long as they can show that the street was truly chosen at random for a search.
G) B) and C)
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A) Second
B) Fifth
C) Sixth
D) First
E) None
G) A) and D)
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A) Outside of normal working hours for a judge.
B) When they can show that they have heightened probable cause.
C) When they can show that the suspect who lives in the residence at issue has been in jail previously.
D) When they can show that a felony is involved.
E) When law enforcement officials believe it is likely that the items sought will be removed before they can obtain a warrant.
G) A) and D)
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A) Fourth
B) Tenth
C) Third
D) Sixth
E) First
G) A) and D)
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B) False
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A) Procedural,substantive,and independent
B) Substantive,independent,and full faith
C) Independent,full faith,and procedural
D) Independent,full faith,and substantive
E) Procedural and substantive
G) A) and B)
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A) Leona and Enoch.Even though the use of eminent domain for the purpose of economic development is constitutional,the government must pay the owner fair market value for the property.
B) Leona and Enoch.Under the theory of eminent domain,the land must be used for "public purposes" and the land cannot be taken for economic development.
C) Big City.The use of eminent domain is constitutional.
D) Leona and Enoch.They had owned the land for over thirty years.
E) Big City.Economic development is a compelling government interest.
G) A) and C)
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A) The Court upheld the statute only in the case of states that could provide matching funds;and if matching funds could not be provided,the Court ruled that Congress was overreaching its power in regard to partnership between state and federal government.
B) The Court upheld the statute.
C) The Court upheld the statute only in the case of states that could not provide matching funds;and if matching funds could be provided,the Court ruled that there was insufficient reason for the law.
D) The Court struck the statute on the basis that it violated the taxing and spending powers of the federal government under the U.S.Constitution.
E) The Court struck the statute on the basis that it violated the Commerce Clause under the U.S.Constitution.
G) C) and D)
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A) The government has an absolute right to business books and records so long as a subpoena is issued by a grand jury.
B) Obtaining books and records from a sole proprietor based only on a subpoena from a grand jury violates the owner's rights against self-incrimination,but seizing records from a sole shareholder of a corporation in that manner does not violate rights against self-incrimination.
C) Obtaining books and records from a sole shareholder of a corporation and also from a sole proprietor based only upon a subpoena issued by a grand jury violates the right against self-incrimination.
D) The government has no rights to such records without a search warrant,and a grand jury subpoena is insufficient regardless of whether a sole proprietor or a corporate shareholder is involved.
E) Obtaining books and records from a sole shareholder of a corporation based only on a subpoena from a grand jury violates the shareholder's rights against self-incrimination,but seizing records from a sole proprietor in that manner does not violate rights against self-incrimination.
G) A) and C)
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The Constitution establishes the system ...View Answer
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A) The prohibition against taking
B) The prohibition against pervasive regulation
C) Substantive due process
D) Procedural due process
E) Independent due process
G) A) and B)
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