Question 1

What rights are protected by the First Amendment? What sorts of speech are constitutionally protected? Is defamation protected by the First Amendment? Explain.

Accepted Answer

The First Amendment contains a prohibition against the establishment of religion by Congress;guarantees the free exercise of religion;protects freedom of speech,freedom of the press,and the right of the people to peaceably assemble and to petition the government for redress of grievances.The First Amendment protects commercial speech,artistic speech,literary speech,and political speech,but it is not absolute and does not cover obscenity.Because defamation involves a communication,the protection extended to speech by the First Amendment applies.However,the Supreme Court has ruled that a public figure who has been defamed must prove actual malice in order to recover damages.

Question 2

How does the Due Process Clause of the Fourteenth Amendment differ from the Due Process Clause of the Fifth Amendment?

Accepted Answer

A)  The Fourteenth Amendment clause protects individuals from violations of their rights by state governments. 
B)  The Fourteenth Amendment clause guarantees both substantive and procedural due process but the Fifth Amendment clause does not. 
C)  The Fourteenth Amendment clause protects individuals against violation of their rights by private individuals as well as the government. 
D)  The Fourteenth Amendment clause requires the application of strict scrutiny in all cases. 
A)  The Fourteenth Amendment clause protects individuals from violations of their rights by state governments. 
B)  The Fourteenth Amendment clause guarantees both substantive and procedural due process but the Fifth Amendment clause does not. 
C)  The Fourteenth Amendment clause protects individuals against violation of their rights by private individuals as well as the government. 
D)  The Fourteenth Amendment clause requires the application of strict scrutiny in all cases. A

Question 3

Under the Commerce Clause,any state statute that affects interstate commerce is unconstitutional.

Accepted Answer

A) True 
 B)False  False

Question 4

Generally,the legislative branch of government has the power to enforce the law.

Accepted Answer

A) True 
 B)False

Question 5

Action taken by private citizens may constitute state action if the state has significantly encouraged the challenged private action.

Accepted Answer

A) True 
 B)False

Question 6

The Supreme Court has held that,under the Due Process Clause,a driver's license is property which cannot be revoked without procedural due process.

Accepted Answer

A) True 
 B)False

Question 7

The U.S.Constitution vests power in the branches of government that form a "check and balance" system.Those branches of government are:

Accepted Answer

A)  executive,administrative,legislative 
B)  legislative,administrative,judicial 
C)  judicial,legislative,executive 
D)  administrative,executive,judicial 
A)  executive,administrative,legislative 
B)  legislative,administrative,judicial 
C)  judicial,legislative,executive 
D)  administrative,executive,judicial

Question 8

The main purpose of the Bill of Rights was to:

Accepted Answer

A)  enumerate all of the rights of U.S.citizens. 
B)  list the powers of the federal government. 
C)  provide for restrictions on the power of the federal government. 
D)  provide limitations on the powers of individuals. 
A)  enumerate all of the rights of U.S.citizens. 
B)  list the powers of the federal government. 
C)  provide for restrictions on the power of the federal government. 
D)  provide limitations on the powers of individuals.

Question 9

Whatever powers are not specifically assigned to the United States by the Constitution are reserved to:

Accepted Answer

A)  the federal government. 
B)  the state governments or the people. 
C)  the Supreme Court. 
D)  the Congress. 
A)  the federal government. 
B)  the state governments or the people. 
C)  the Supreme Court. 
D)  the Congress.

Question 10

Dr.David Doright is a professor at a state university.One day he has an argument with the president of the university over which team should win the next Super Bowl.The next day,Dr.Doright is fired for incompetence.He sues,claiming the firing is arbitrary and that he was denied an opportunity to respond to the charges.In this case:

Accepted Answer

A)  Dr.Doright has no right to a hearing since this is not a criminal case.. 
B)  Dr.Doright appears to have been denied the equal protection of the law. 
C)  the firing by a state university is state action involving a property right that would entitle Dr.Doright to a hearing and an opportunity to respond to the allegations against him. 
D)  the U.S.Constitution does not apply. 
A)  Dr.Doright has no right to a hearing since this is not a criminal case.. 
B)  Dr.Doright appears to have been denied the equal protection of the law. 
C)  the firing by a state university is state action involving a property right that would entitle Dr.Doright to a hearing and an opportunity to respond to the allegations against him. 
D)  the U.S.Constitution does not apply.

Question 11

The ____ Clause protects against impairing the charter of a corporation formed under a state incorporation statute.

Accepted Answer

A)  Supremacy 
B)  Commerce 
C)  Contract 
D)  Takings 
A)  Supremacy 
B)  Commerce 
C)  Contract 
D)  Takings

Question 12

The federal government's authority to govern economic matters flows from the Commerce Clause.

Accepted Answer

A) True 
 B)False

Question 13

The Fourteenth Amendment restricts the power of states to levy taxes.

Accepted Answer

A) True 
 B)False

Question 14

The Supreme Court interprets the Commerce Clause:

Accepted Answer

A)  narrowly. 
B)  as granting virtually complete power to Congress to regulate the economy. 
C)  as restricting Congress to the coining of money and taxation. 
D)  as granting Congress the power to take property under eminent domain. 
A)  narrowly. 
B)  as granting virtually complete power to Congress to regulate the economy. 
C)  as restricting Congress to the coining of money and taxation. 
D)  as granting Congress the power to take property under eminent domain.

Question 15

The federal government has been enabled to establish a national banking system and the Federal Reserve System because of:

Accepted Answer

A)  the Article I,Section 8,constitutional grants to Congress of the power to borrow money on the credit of the United States and the power to coin money. 
B)  powers derived from the Commerce Clause. 
C)  delegation by the state governments of some of their enumerated powers. 
D)  the Contract Clause contained in Article I,Section 10 of the Constitution. 
E)  Both (a)and (b). 
A)  the Article I,Section 8,constitutional grants to Congress of the power to borrow money on the credit of the United States and the power to coin money. 
B)  powers derived from the Commerce Clause. 
C)  delegation by the state governments of some of their enumerated powers. 
D)  the Contract Clause contained in Article I,Section 10 of the Constitution. 
E)  Both (a)and (b).

Question 16

Which of the following would NOT be included in the powers of the federal government?

Accepted Answer

A)  Power to tax a product produced and consumed exclusively in Alaska. 
B)  Power to grant government contracts to minority corporations. 
C)  Power to condemn a building to make way for an interstate highway. 
D)  Power to tax only incomes above $6,000. 
A)  Power to tax a product produced and consumed exclusively in Alaska. 
B)  Power to grant government contracts to minority corporations. 
C)  Power to condemn a building to make way for an interstate highway. 
D)  Power to tax only incomes above $6,000.

Question 17

Which of the following is a major limitation on the federal government's power to tax?

Accepted Answer

A)  Indirect taxes must be apportioned among the states. 
B)  All custom duties and excise taxes must be uniform throughout the United States. 
C)  Progressive tax rates are prohibited. 
D)  There are loopholes in the tax code which allows many people to avoid paying taxes. 
A)  Indirect taxes must be apportioned among the states. 
B)  All custom duties and excise taxes must be uniform throughout the United States. 
C)  Progressive tax rates are prohibited. 
D)  There are loopholes in the tax code which allows many people to avoid paying taxes.

Question 18

Most forms of speech are protected by the strict or exacting scrutiny standard.

Accepted Answer

A) True 
 B)False

Question 19

The Commerce Clause in connection with the ____ limits the power of the states to tax.

Accepted Answer

A)  Fifth and Fourteenth Amendments 
B)  Fifth Amendment 
C)  principle of separation of powers 
D)  Import-Export Clause 
A)  Fifth and Fourteenth Amendments 
B)  Fifth Amendment 
C)  principle of separation of powers 
D)  Import-Export Clause

Question 20

"Actual malice" in defamation cases against the press requires a showing that a reporter intentionally lied or recklessly disregarded the truth.

Accepted Answer

A) True 
 B)False

Exam 4: Constitutional Law

What rights are protected by the First Amendment? What sorts of speech are constitutionally protected? Is defamation protected by the First Amendment? Explain.

How does the Due Process Clause of the Fourteenth Amendment differ from the Due Process Clause of the Fifth Amendment?

Under the Commerce Clause,any state statute that affects interstate commerce is unconstitutional.

Generally,the legislative branch of government has the power to enforce the law.

Action taken by private citizens may constitute state action if the state has significantly encouraged the challenged private action.

The Supreme Court has held that,under the Due Process Clause,a driver's license is property which cannot be revoked without procedural due process.

The U.S.Constitution vests power in the branches of government that form a "check and balance" system.Those branches of government are:

The main purpose of the Bill of Rights was to:

Whatever powers are not specifically assigned to the United States by the Constitution are reserved to:

The ____ Clause protects against impairing the charter of a corporation formed under a state incorporation statute.

The federal government's authority to govern economic matters flows from the Commerce Clause.

The Fourteenth Amendment restricts the power of states to levy taxes.

The Supreme Court interprets the Commerce Clause:

The federal government has been enabled to establish a national banking system and the Federal Reserve System because of:

Which of the following would NOT be included in the powers of the federal government?

Which of the following is a major limitation on the federal government's power to tax?

Most forms of speech are protected by the strict or exacting scrutiny standard.

The Commerce Clause in connection with the ____ limits the power of the states to tax.

"Actual malice" in defamation cases against the press requires a showing that a reporter intentionally lied or recklessly disregarded the truth.

Introduction to Law

Business Ethics and the Social Responsibility of Business

Civil Dispute Resolution

Administrative Law

A: Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance,breach,and Discharge

Contract Remedies

Relationship of Principal and Agent

Relationship With Third Parties

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Products Liability: Warranties and Strict Liability in Tort

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits,collections,and Funds Transfers

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature,formation,and Powers

Financial Structure

Management Structure

Fundamental Changes

Secured Transactions and Suretyship

Bankruptcy

Protection of Intellectual Property

Antitrust

Consumer Protection Double

Employment Law

Securities Regulation

Accountants Legal Liability

Environmental Law

International Business Law

Introduction to Property,property Insurance,bailments,and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Decedents Estates

Legal Terminology: Understanding Criminal and Civil Law Systems

Contract Law Terminology

Exploring the Legal Concepts of Agency and Fiduciary Duty

Understanding Key Legal Concepts in Sales and Contracts

Understanding the Terminology of Banking and Finance: Key Concepts and Definitions

Exploring Legal Concepts and Processes in Business Partnerships

Understanding Corporate Law: A Guide to Ultra Vires Acts, Subscribers, Debt Securities, and More

Understanding Key Terms in Secured Transactions and Bankruptcy Law

Legal Topics and Terms

Legal Topics in Property Ownership and Management