Question 1

The Second Amendment to the U.S.Constitution grants persons the right to bear arms.

Accepted Answer

A) True 
 B)False  True

Question 2

In an effort to promote family time,State X passes a law prohibiting the advertisement in the state of movies rated "restricted." The law is challenged by a coalition of state newspapers on the basis that it violates the First Amendment of the U.S.Constitution. Set forth the test the court should apply in order to determine whether the law is constitutional and how the court would likely rule.

Accepted Answer

To determine whether content-based regulation of commercial speech violates the First Amendment,it must first be found that the speech concerns lawful activity and is not misleading. If that requirement is satisfied,the First Amendment still allows the government to restrict the speech as long as (1)the asserted governmental interest in regulating the speech is substantial,(2)the regulation directly advances the governmental interest asserted,and (3)the restriction is no more extensive than necessary to serve that interest. Determining whether the regulation is no more extensive than necessary does not require the least restrictive means; it requires only a "reasonable fit" between the government's purpose and the means chosen to achieve it. While there may be differences of opinion,it is likely that the law at issue would be struck down as unconstitutional. The restriction does not seem narrowly tailored to meet the asserted governmental objective.

Question 3

Which of the following was the result at the U.S.Supreme Court level in Brown v.Entertainment Merchants Association,the case in the text involving the issue of whether the state of California could prohibit the sale or rental of graphically violent video games to minors?

Accepted Answer

A)  That the law was valid because the video games did not qualify for First Amendment protection. 
B)  That the law was valid because minors are not entitled to First Amendment protection. 
C)  That the law was invalid because the state could not establish a rational basis for it. 
D)  That the law was invalid because the state could not satisfy the strict scrutiny test applied. 
A)  That the law was valid because the video games did not qualify for First Amendment protection. 
B)  That the law was valid because minors are not entitled to First Amendment protection. 
C)  That the law was invalid because the state could not establish a rational basis for it. 
D)  That the law was invalid because the state could not satisfy the strict scrutiny test applied. D

Question 4

Executive agreements made by the President require the advice and consent of the U.S.Senate.

Accepted Answer

A) True 
 B)False

Question 5

The Bill of Rights consists of which of the following?

Accepted Answer

A)  The first ten amendments to the U.S. Constitution. 
B)  The first five amendments to the U.S. Constitution. 
C)  All amendments to the U.S. Constitution. 
D)  All amendments to the U.S. Constitution after the first ten amendments were passed. 
A)  The first ten amendments to the U.S. Constitution. 
B)  The first five amendments to the U.S. Constitution. 
C)  All amendments to the U.S. Constitution. 
D)  All amendments to the U.S. Constitution after the first ten amendments were passed.

Question 6

The President has the power to make treaties

Accepted Answer

A)  with the advice and consent of the House of Representatives. 
B)  with the advice and consent of the Senate. 
C)  with the advice and consent of both the House of Representatives and the Senate. 
D)  without the advice and consent of either the House of Representatives or the Senate. 
A)  with the advice and consent of the House of Representatives. 
B)  with the advice and consent of the Senate. 
C)  with the advice and consent of both the House of Representatives and the Senate. 
D)  without the advice and consent of either the House of Representatives or the Senate.

Question 7

The doctrine of federalism serves to allocate power between the federal government and government by the states.

Accepted Answer

A) True 
 B)False

Question 8

When a governmental action affects a person's life,liberty,or property,the due process requirement applies,and some form of notice and hearing is required.

Accepted Answer

A) True 
 B)False

Question 9

Laws that punish actions that were not illegal when performed are known as

Accepted Answer

A)  Bills of attainder 
B)  Proscriptive laws 
C)  Ex post facto laws 
D)  Criminal laws 
A)  Bills of attainder 
B)  Proscriptive laws 
C)  Ex post facto laws 
D)  Criminal laws

Question 10

The Fifth Amendment does not contain the

Accepted Answer

A)  Self incrimination provision 
B)  Grand jury requirement 
C)  Jury trial requirement 
D)  Double jeopardy prohibition 
A)  Self incrimination provision 
B)  Grand jury requirement 
C)  Jury trial requirement 
D)  Double jeopardy prohibition

Question 11

Obscene material does not enjoy any protection under the First Amendment.

Accepted Answer

A) True 
 B)False

Question 12

Over time the U.S.Supreme Court has changed its view of the scope of the Commerce Clause.

Accepted Answer

A) True 
 B)False

Question 13

The U.S.Supreme Court struck down as unconstitutional the line-item veto given to the President by Congress.

Accepted Answer

A) True 
 B)False

Question 14

The Equal Protection Clause of the Fourteenth Amendment limits the power of the federal government to regulate commerce.

Accepted Answer

A) True 
 B)False

Question 15

Without a constitutional grant of power,the federal government cannot act.

Accepted Answer

A) True 
 B)False

Question 16

The U.S.Supreme Court has original jurisdiction over cases affecting ambassadors and cases in which a state is a party.

Accepted Answer

A) True 
 B)False

Question 17

Members of the U.S.Supreme Court are appointed by Congress with the advice and consent of the President.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following was the result at the U.S.Supreme Court level in Citizens United v.Federal Election Commission regarding the constitutionality of the federal law providing that televised electioneering communications funded by anyone other than a candidate must include a disclaimer setting forth identifying information as to sponsorship?

Accepted Answer

A)  That the law was unconstitutional only if a corporate entity, not an individual, sponsored the communication. 
B)  That the law was unconstitutional only if an individual, not a corporate entity, sponsored the communication. 
C)  That the law was unconstitutional in that it involved small expenditures as well as larger ones. 
D)  That the law was constitutional. 
A)  That the law was unconstitutional only if a corporate entity, not an individual, sponsored the communication. 
B)  That the law was unconstitutional only if an individual, not a corporate entity, sponsored the communication. 
C)  That the law was unconstitutional in that it involved small expenditures as well as larger ones. 
D)  That the law was constitutional.

Question 19

Fact Pattern 4-2
Wally, a law school student, is an intern for Rebecca, an assistant professor who is attempting to get tenure at Imperial Law School in part by getting an article published on the right to a jury trial. Rebecca asks Wally to explain to her the right to a jury trial under the U. S. Constitution as applied to jury trials involving state law.
-Refer to fact pattern 4-2. Which of the following sections of the U.S.Constitution should Wally reference when discussing the matter of the right to a jury trial with Rebecca?

Accepted Answer

A)  The First Amendment 
B)  The Fifth Amendment 
C)  The Seventh Amendment 
D)  Article One, Section Eight
Answer: C 
A)  The First Amendment 
B)  The Fifth Amendment 
C)  The Seventh Amendment 
D)  Article One, Section Eight
Answer: C

Question 20

Under Supreme Court rulings,certain provisions granted in the Bill of Rights are applied to the States by the ________ Amendment.

Accepted Answer

A)  Tenth 
B)  Eleventh 
C)  Thirteenth 
D)  Fourteenth 
A)  Tenth 
B)  Eleventh 
C)  Thirteenth 
D)  Fourteenth

Exam 4: Constitutional bases for business regulation

The Second Amendment to the U.S.Constitution grants persons the right to bear arms.

Which of the following was the result at the U.S.Supreme Court level in Brown v.Entertainment Merchants Association,the case in the text involving the issue of whether the state of California could prohibit the sale or rental of graphically violent video games to minors?

Executive agreements made by the President require the advice and consent of the U.S.Senate.

The Bill of Rights consists of which of the following?

The President has the power to make treaties

The doctrine of federalism serves to allocate power between the federal government and government by the states.

When a governmental action affects a person's life,liberty,or property,the due process requirement applies,and some form of notice and hearing is required.

Laws that punish actions that were not illegal when performed are known as

The Fifth Amendment does not contain the

Obscene material does not enjoy any protection under the First Amendment.

Over time the U.S.Supreme Court has changed its view of the scope of the Commerce Clause.

The U.S.Supreme Court struck down as unconstitutional the line-item veto given to the President by Congress.

The Equal Protection Clause of the Fourteenth Amendment limits the power of the federal government to regulate commerce.

Without a constitutional grant of power,the federal government cannot act.

The U.S.Supreme Court has original jurisdiction over cases affecting ambassadors and cases in which a state is a party.

Members of the U.S.Supreme Court are appointed by Congress with the advice and consent of the President.

Under Supreme Court rulings,certain provisions granted in the Bill of Rights are applied to the States by the ________ Amendment.

law, value creation, and risk management

Ethics ant the law

Courts, sources of law, and dispute resolution

Agency

Administrative Law

Contracts

sales,licensing,and e-commerce

Torts and Privacy protection

product liability

Intellectual property

The employment agreement

civil rights and employment discrimination

Criminal law

Environmental law

Antitrust

Consumer Protection

real property and land use

Forms of business organizations

Directors, Officers, and Controlling Shareholders

Public and Private Offerings of Securities

Securities Fraud and insider trading

Debtor-Creditor Relations and Bankruptcy

International Business

Filters