Immigration Enforcement Agent Exam - Question List

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1. Often, crimes are characterized as either malum in se-inherently evil-or malum prohibitum- criminal because they are declared as offenses by a legislature. Murder is an example of the former. Failing to file a tax return illustrates the latter. Some jurisdictions no longer distinguish between crimes malum in se and malum prohibitum, although many still do.
  1. Many jurisdictions no longer distinguish between crimes malum in se and malum prohibitum
  2. Some jurisdictions still distinguish between crimes malum in se and malum prohibitum
  3. Some crimes characterized as malum in se are not inherently evil
  4. Some crimes characterized as malum prohibitum are not declared by a legislature to be an offense
  5. Sometimes failing to file a tax return is characterized as malum in se
2. A trucking company can act as a common carrier-for hire to the general public at published rates. As a common carrier, it is liable for any cargo damage, unless the company can show that it was not negligent. If the company can demonstrate that it was not negligent, then it is not liable for cargo damage. In contrast, a contract carrier (a trucking company hired by a shipper under a specific contract) is only responsible for cargo damage as spelled out in the contract. A Claus Inc. tractortrailer, acting under common carrier authority, was in a 5-vehicle accident that damaged its cargo. A Nichols Inc. tractor-trailer, acting under contract carrier authority, was involved in the same accident, and its cargo was also damaged.
  1. If Claus Inc. is liable, then it can show that it was not negligent
  2. If Claus Inc. cannot show that it was not negligent, then it is not liable
  3. If Claus Inc. can show that it was not negligent, then it is not liable
  4. If Nichols Inc. is liable, then it cannot show that it is negligent
  5. If Nichols Inc. can show that it is not negligent, then it is not liable
3. A rapidly changing technical environment in government is promoting greater reliance on electronic mail (e-mail) systems. As this usage grows, there are increasing chances of conflict between the users’ expectations of privacy and public access rights. In some investigations, accessto all e-mail, including those messages stored in archival files and messages outside the scope of the investigation, has been sought and granted. In spite of this, some people send messages through e-mail that would never be said face-to-face or written formally
  1. Some e-mail messages that have been requested as part of investigations have contained messages that would never be said face-to-face
  2. Some messages that people would never say face-to-face are sent in e-mail messages
  3. Some e-mail messages have been requested as part of investigations
  4. E-mail messages have not been exempted from investigations
  5. Some e-mail messages contain information that would be omitted from formal writing
4. Phyllis T. is a former Federal employee who was entitled to benefits under the Federal Employee Compensation Act because of a job-related, disabling injury. When an eligible Federal employee has such an injury, the benefit is determined by this test: If the beneficiary is married or has dependents, benefits are 3/4 of the person’s salary at the time of the injury; otherwise, benefits are set at 2/3 of the salary. Phyllis T.’s benefits were 2/3 of her salary when she was injured.
  1. Was married but without dependents
  2. Was not married and had no dependents
  3. Was not married but had dependents
  4. Was married and had dependents
  5. Had never been married
5. Some 480,000 immigrants were living in a certain country in 1999. Although most of these immigrants were not employed in professional occupations, many of them were. For instance, many of them were engineers and many of them were nurses. Very few of these immigrants were librarians, another professional occupation.
  1. Most immigrants were either engineers or nurses
  2. It is not the case that some of the nurses were immigrants
  3. None of the engineers were immigrants
  4. Most of those not employed in professional occupations were immigrants
  5. Some of the engineers were immigrants

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