Question 1

The Constitution gives the federal and state governments concurrent powers over patents and copyrights.

Accepted Answer

A) True 
 B)False

Question 2

Because defamation involves a communication,the protection extended to speech by the ____ Amendment applies.

Accepted Answer

A)  Fourth 
B)  Fifth 
C)  First 
D)  Fourteenth 
A)  Fourth 
B)  Fifth 
C)  First 
D)  Fourteenth

Question 3

The State of Hawaii enacts a piece of legislation that taxes all airplanes that land in the state.Several airlines challenge the legislation as unconstitutional.What is the likely result of the court case? Explain.

Accepted Answer

The concept of federalism means that the

Question 4

Defamation is a form of speech wholly outside the protection of the First Amendment.

Accepted Answer

A) True 
 B)False

Question 5

The U.S.Supreme Court interprets the Commerce Clause as granting Congress the power to regulate:

Accepted Answer

A)  only the channels of interstate commerce. 
B)  the channels and instrumentalities of interstate commerce,as well as those activities having a substantial relation to interstate commerce. 
C)  only the instrumentalities of interstate commerce. 
D)  only the channels and instrumentalities of interstate commerce. 
A)  only the channels of interstate commerce. 
B)  the channels and instrumentalities of interstate commerce,as well as those activities having a substantial relation to interstate commerce. 
C)  only the instrumentalities of interstate commerce. 
D)  only the channels and instrumentalities of interstate commerce.

Question 6

The Bill of Rights restricts the power and authority of the federal government.

Accepted Answer

A) True 
 B)False

Question 7

Carrie,a prominent local attorney,was the subject of a newspaper article concerning a trial in which she was involved as counsel.In that article,Carrie was reported to have been disbarred in another state ten years before.It is not true of Carrie,but of her cousin,Frances.Carrie will win a suit for defamation against the newspaper:

Accepted Answer

A)  simply by proving the falsity of the statement. 
B)  only if Frances was not disbarred. 
C)  only if she can prove that the paper acted with actual malice. 
D)  only if she can show harm to her character resulted from the statement. 
A)  simply by proving the falsity of the statement. 
B)  only if Frances was not disbarred. 
C)  only if she can prove that the paper acted with actual malice. 
D)  only if she can show harm to her character resulted from the statement.

Question 8

The First Amendment allows free speech in all circumstances,as long as no one is killed.

Accepted Answer

A) True 
 B)False

Question 9

The rational relationship test,used by the courts to determine whether a certain governmental power exercised impermissibly encroaches upon an interest the Constitution protects,is the most exacting of the three possible levels of scrutiny used.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is included in the Fourteenth Amendment?

Accepted Answer

A)  Free speech clause. 
B)  Equal protection. 
C)  Freedom from self-incrimination. 
D)  Right to bear arms. 
A)  Free speech clause. 
B)  Equal protection. 
C)  Freedom from self-incrimination. 
D)  Right to bear arms.

Question 11

The First Amendment guarantee of free speech applies not only to individuals but also to corporations.

Accepted Answer

A) True 
 B)False

Question 12

In the Supreme Court's view,the "Necessary and Proper" Clause:

Accepted Answer

A)  authorizes Congress to legislate only in areas mentioned in the list of enumerated powers. 
B)  enables Congress to legislate in areas not mentioned in the list of enumerated powers as long as such legislation reasonably relates to some enumerated power. 
C)  extends "state action" to action taken by private citizens whenever such interpretation is necessary to protect a fundamental right. 
D)  restricts state regulations that obstruct interstate commerce. 
A)  authorizes Congress to legislate only in areas mentioned in the list of enumerated powers. 
B)  enables Congress to legislate in areas not mentioned in the list of enumerated powers as long as such legislation reasonably relates to some enumerated power. 
C)  extends "state action" to action taken by private citizens whenever such interpretation is necessary to protect a fundamental right. 
D)  restricts state regulations that obstruct interstate commerce.

Question 13

In equal protection cases involving economic regulation,the courts use the rational relationship test.

Accepted Answer

A) True 
 B)False

Question 14

The principle of ____ concerns the compatibility of a law or governmental action with fundamental constitutional rights,such as free speech.

Accepted Answer

A)  procedural due process 
B)  substantive due process 
C)  the rational relationship test 
D)  equal protection 
A)  procedural due process 
B)  substantive due process 
C)  the rational relationship test 
D)  equal protection

Question 15

"Eminent domain" refers to a governmental taking of private property for public use.

Accepted Answer

A) True 
 B)False

Question 16

Three different tests are used by the Supreme Court as standards in reviewing cases which raise issues of equal protection.What are the three tests? When is each applied? In your opinion,why have different tests been developed?

Accepted Answer

The rational relationship test applies t

Question 17

The Bill of Rights was approved by the first Congress to guarantee that the federal government would not abuse its powers.

Accepted Answer

A) True 
 B)False

Question 18

Roger is a Haitian who has obtained U.S.citizenship.State X passes a law that all Haitian-born citizens must submit to AIDS testing.The courts will review this law based on:

Accepted Answer

A)  deference to the legislature as to whether such a classification of persons is constitutionally permissible. 
B)  whether there is clear and convincing evidence that there is no reasonable basis for the legislation. 
C)  the rational relationship test. 
D)  the strict scrutiny test. 
A)  deference to the legislature as to whether such a classification of persons is constitutionally permissible. 
B)  whether there is clear and convincing evidence that there is no reasonable basis for the legislation. 
C)  the rational relationship test. 
D)  the strict scrutiny test.

Question 19

Judicial review is defined as an appeal of a lower court's judgment.

Accepted Answer

A) True 
 B)False

Question 20

A star basketball player in the NBA:

Accepted Answer

A)  is a "public figure" with respect to a defamation action against a newspaper. 
B)  is a "public official" with respect to a defamation action against a newspaper. 
C)  may win a defamation case against the media if he can prove the media acted negligently in reporting an untruth about him. 
D)  is not subject to the "actual malice" test in defamation actions against the press. 
A)  is a "public figure" with respect to a defamation action against a newspaper. 
B)  is a "public official" with respect to a defamation action against a newspaper. 
C)  may win a defamation case against the media if he can prove the media acted negligently in reporting an untruth about him. 
D)  is not subject to the "actual malice" test in defamation actions against the press.

Exam 4: Constitutional Law

The Constitution gives the federal and state governments concurrent powers over patents and copyrights.

Because defamation involves a communication,the protection extended to speech by the ____ Amendment applies.

The State of Hawaii enacts a piece of legislation that taxes all airplanes that land in the state.Several airlines challenge the legislation as unconstitutional.What is the likely result of the court case? Explain.

Defamation is a form of speech wholly outside the protection of the First Amendment.

The U.S.Supreme Court interprets the Commerce Clause as granting Congress the power to regulate:

The Bill of Rights restricts the power and authority of the federal government.

The First Amendment allows free speech in all circumstances,as long as no one is killed.

The rational relationship test,used by the courts to determine whether a certain governmental power exercised impermissibly encroaches upon an interest the Constitution protects,is the most exacting of the three possible levels of scrutiny used.

Which of the following is included in the Fourteenth Amendment?

The First Amendment guarantee of free speech applies not only to individuals but also to corporations.

In the Supreme Court's view,the "Necessary and Proper" Clause:

In equal protection cases involving economic regulation,the courts use the rational relationship test.

The principle of ____ concerns the compatibility of a law or governmental action with fundamental constitutional rights,such as free speech.

"Eminent domain" refers to a governmental taking of private property for public use.

Three different tests are used by the Supreme Court as standards in reviewing cases which raise issues of equal protection.What are the three tests? When is each applied? In your opinion,why have different tests been developed?

The Bill of Rights was approved by the first Congress to guarantee that the federal government would not abuse its powers.

Roger is a Haitian who has obtained U.S.citizenship.State X passes a law that all Haitian-born citizens must submit to AIDS testing.The courts will review this law based on:

Judicial review is defined as an appeal of a lower court's judgment.

A star basketball player in the NBA:

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