Question 1

The ______ constitutional provision forbids trying a person twice for the same crime.

Accepted Answer

A)  Ex post facto 
B)  Bill of attainder 
C)  Double jeopardy 
D)  Privileges and immunities 
A)  Ex post facto 
B)  Bill of attainder 
C)  Double jeopardy 
D)  Privileges and immunities

Question 2

Congress can override a President's veto by a _________ vote of both the House of Representatives and the Senate.

Accepted Answer

A)  majority 
B)  two-thirds 
C)  three-quarters 
D)  unanimous 
A)  majority 
B)  two-thirds 
C)  three-quarters 
D)  unanimous

Question 3

In what year did the U.S.Constitution become effective?

Accepted Answer

A)  1776 
B)  1789 
C)  1774 
D)  1790 
A)  1776 
B)  1789 
C)  1774 
D)  1790

Question 4

The President has a type of immunity known as _________,which protects against the forced disclosure of Presidential communications made in the exercise of executive power.

Accepted Answer

A)  immunity privilege 
B)  federal privilege 
C)  executive privilege 
D)  mandated privilege 
A)  immunity privilege 
B)  federal privilege 
C)  executive privilege 
D)  mandated privilege

Question 5

When equal protection is concerned,classifications based on race are subject to a[n] ____________ test.

Accepted Answer

A)  rational basis 
B)  strict scrutiny 
C)  substantially related 
D)  race-based 
A)  rational basis 
B)  strict scrutiny 
C)  substantially related 
D)  race-based

Question 6

When equal protection is concerned,classifications based on gender are subject to a[n] ____________ test.

Accepted Answer

A)  rational basis 
B)  strict scrutiny 
C)  substantially related 
D)  gender-based 
A)  rational basis 
B)  strict scrutiny 
C)  substantially related 
D)  gender-based

Question 7

Fact Pattern 4-3
Polly owns a restaurant seating 150 people. She just learns of a newly enacted regulation in her city requiring that larger restaurants seating over 100 people be inspected by the health department on a monthly basis whereas smaller restaurants would only be inspected twice per year. She also learned that Frank, the local mayor, who recently went through a nasty divorce, was able to get passed a law requiring that restaurants owned by women pay a higher fee to receive a business license than those owned by men. Polly is angry about both laws and wants to take action to have them struck down.
-Refer to fact pattern 4-3. Which of the following is the city's best argument that the law imposing a higher fee on female restaurant owners should be upheld?

Accepted Answer

A)  That under the rational basis test, females should pay higher taxes so long as it can be shown that they have a higher rate of business failure. 
B)  That under the intermediate level test, distinctions involving gender are examined in the same way as distinctions based on guarantees in the Bill of Rights, and that the Bill of Rights allows gender-based classifications. 
C)  That under the strict scrutiny test, gender is a legitimate method by which to delineate differences between categories of citizens. 
D)  The city does not have a good argument because there is no justification for the distinction under the substantially related test.
Answer: D 
A)  That under the rational basis test, females should pay higher taxes so long as it can be shown that they have a higher rate of business failure. 
B)  That under the intermediate level test, distinctions involving gender are examined in the same way as distinctions based on guarantees in the Bill of Rights, and that the Bill of Rights allows gender-based classifications. 
C)  That under the strict scrutiny test, gender is a legitimate method by which to delineate differences between categories of citizens. 
D)  The city does not have a good argument because there is no justification for the distinction under the substantially related test.
Answer: D

Question 8

Which of the following was the result at the U.S.Supreme Court level in the case of Board of Education of Independent School District No.92 of Pottawatomie County v.Earls,the case in the text involving whether a school system requiring student-athletes to take a drug test without any suspicion of drug use violates the Fourth Amendment?

Accepted Answer

A)  That individualized suspicion is not a consideration in determining whether a search is reasonable and that the searches at issue were, therefore, constitutional. 
B)  That the searches were unconstitutional because no individual suspicion was present. 
C)  That the searches were unconstitutional because minors were involved regardless of whether or not individual suspicion was present. 
D)  That individualized suspicion is not always required and that the searches in the case were constitutional. 
A)  That individualized suspicion is not a consideration in determining whether a search is reasonable and that the searches at issue were, therefore, constitutional. 
B)  That the searches were unconstitutional because no individual suspicion was present. 
C)  That the searches were unconstitutional because minors were involved regardless of whether or not individual suspicion was present. 
D)  That individualized suspicion is not always required and that the searches in the case were constitutional.

Question 9

Even when Congress has taken no action in regard to a matter,the _____ or ______Commerce Clause may impose restrictions on state action.

Accepted Answer

A)  Dormant or negative 
B)  Dormant or positive 
C)  Relative or positive 
D)  Relative or negative 
A)  Dormant or negative 
B)  Dormant or positive 
C)  Relative or positive 
D)  Relative or negative

Question 10

The _____________ Clause of Article VI of the U.S.Constitution states that the Constitution,laws,and treaties of the United States take precedence over state laws and that the judges of the state courts must follow federal law.

Accepted Answer

A)  Supremacy 
B)  Federalization 
C)  Legalism 
D)  Preemption 
A)  Supremacy 
B)  Federalization 
C)  Legalism 
D)  Preemption

Question 11

Bruce is in charge of the library for a local public school and asks you if he is required to take any action to prevent students from viewing obscene material. What would you tell him?

Accepted Answer

The Children's Internet Protection Act r

Question 12

The _____test is applied to determine if laws impacting speech violate the U.S.Constitution.

Accepted Answer

A)  incitement of violence 
B)  Brandenburg v. Ohio 
C)  espionage and sedition 
D)  clear and present danger 
A)  incitement of violence 
B)  Brandenburg v. Ohio 
C)  espionage and sedition 
D)  clear and present danger

Question 13

In order to hold a media defendant liable for statements made about a public figure,_____ must be established on the part of the media defendant.

Accepted Answer

A)  actual malice 
B)  negligence 
C)  only inaccuracy 
D)  intent to inflict monetary harm 
A)  actual malice 
B)  negligence 
C)  only inaccuracy 
D)  intent to inflict monetary harm

Question 14

Fact Pattern 4-3
Polly owns a restaurant seating 150 people. She just learns of a newly enacted regulation in her city requiring that larger restaurants seating over 100 people be inspected by the health department on a monthly basis whereas smaller restaurants would only be inspected twice per year. She also learned that Frank, the local mayor, who recently went through a nasty divorce, was able to get passed a law requiring that restaurants owned by women pay a higher fee to receive a business license than those owned by men. Polly is angry about both laws and wants to take action to have them struck down.
-Refer to fact pattern 4-3. Which of the following would be the city's best argument that the law pertaining to more frequent inspections of larger restaurants should be upheld?

Accepted Answer

A)  That under the rational basis test, inspections by the health department are needed in order to guard against food-borne illnesses. 
B)  That under the strict scrutiny test, larger restaurants are important to the tax basis of the community and should, therefore, be inspected more often to guard against illness and resulting lawsuits that could impact the ability of the restaurants to remain in business. 
C)  That under the substantially related test, owners of larger restaurants should expect to be inspected more often because products used in interstate commerce are invariably involved. 
D)  That under the common good test, large restaurants should be inspected more often in order to protect the community's tax base.
Answer: A 
A)  That under the rational basis test, inspections by the health department are needed in order to guard against food-borne illnesses. 
B)  That under the strict scrutiny test, larger restaurants are important to the tax basis of the community and should, therefore, be inspected more often to guard against illness and resulting lawsuits that could impact the ability of the restaurants to remain in business. 
C)  That under the substantially related test, owners of larger restaurants should expect to be inspected more often because products used in interstate commerce are invariably involved. 
D)  That under the common good test, large restaurants should be inspected more often in order to protect the community's tax base.
Answer: A

Question 15

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. What should Wally tell Rebecca regarding whether the U.S.Constitution requires that jury trials be held in federal civil court cases involving diversity jurisdiction and applying state law?

Accepted Answer

A)  That the U.S. Constitution requires that a jury trial be held only if the controversy exceeds the amount of $75,000, and the parties involved are all residents of the same state. 
B)  That the U.S. Constitution requires that a jury trial be held in all such trials. 
C)  That the U.S. Constitution does not provide the right to a jury in such situations. 
D)  That the U.S. Constitution provides that when a federal court has jurisdiction in a case based solely on diversity of citizenship, the federal court should require a jury trial only if a state court in that state would require a jury trial.
Answer: D 
A)  That the U.S. Constitution requires that a jury trial be held only if the controversy exceeds the amount of $75,000, and the parties involved are all residents of the same state. 
B)  That the U.S. Constitution requires that a jury trial be held in all such trials. 
C)  That the U.S. Constitution does not provide the right to a jury in such situations. 
D)  That the U.S. Constitution provides that when a federal court has jurisdiction in a case based solely on diversity of citizenship, the federal court should require a jury trial only if a state court in that state would require a jury trial.
Answer: D

Question 16

Preemption of state law when it directly conflicts with federal law is known as ______ preemption whereas preemption of state law when Congress has manifested intent to regulate an entire area without state participation is known as ______ preemption.

Accepted Answer

A)  absolute, implied 
B)  express, absolute 
C)  express, field 
D)  absolute, field 
A)  absolute, implied 
B)  express, absolute 
C)  express, field 
D)  absolute, field

Question 17

What did the U.S.Supreme Court decide regarding whether the Violent Crimes Against Women Act was validly enacted by Congress?

Accepted Answer

A)  That the law was validly enacted under the authority of the due process clause of the U.S. Constitution. 
B)  That the law was validly enacted under the authority of the equal protection clause of the U.S. Constitution. 
C)  That the law was not valid because it discriminated against men. 
D)  That the law was not valid because Congress exceeded its authority under the Commerce Clause of the U.S. Constitution. 
A)  That the law was validly enacted under the authority of the due process clause of the U.S. Constitution. 
B)  That the law was validly enacted under the authority of the equal protection clause of the U.S. Constitution. 
C)  That the law was not valid because it discriminated against men. 
D)  That the law was not valid because Congress exceeded its authority under the Commerce Clause of the U.S. Constitution.

Question 18

The _________ Amendment provides that no state shall "deprive any person of life,liberty,or property,without due process of law."

Accepted Answer

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

Question 19

The general power retained by the states to protect the health,safety,welfare,and morals of state residents is often referred to as ______ power.

Accepted Answer

A)  police 
B)  regulatory 
C)  protective 
D)  community 
A)  police 
B)  regulatory 
C)  protective 
D)  community

Question 20

Under some circumstances a law passed by Congress may be valid even if it violates the U.S.Constitution.

Accepted Answer

A) True 
 B)False

The ______ constitutional provision forbids trying a person twice for the same crime.

Congress can override a President's veto by a _________ vote of both the House of Representatives and the Senate.

In what year did the U.S.Constitution become effective?

The President has a type of immunity known as _________,which protects against the forced disclosure of Presidential communications made in the exercise of executive power.

When equal protection is concerned,classifications based on race are subject to a[n] ____________ test.

When equal protection is concerned,classifications based on gender are subject to a[n] ____________ test.

Even when Congress has taken no action in regard to a matter,the _ or __Commerce Clause may impose restrictions on state action.

The _____________ Clause of Article VI of the U.S.Constitution states that the Constitution,laws,and treaties of the United States take precedence over state laws and that the judges of the state courts must follow federal law.

Bruce is in charge of the library for a local public school and asks you if he is required to take any action to prevent students from viewing obscene material. What would you tell him?

The _____test is applied to determine if laws impacting speech violate the U.S.Constitution.

In order to hold a media defendant liable for statements made about a public figure,_____ must be established on the part of the media defendant.

Preemption of state law when it directly conflicts with federal law is known as preemption whereas preemption of state law when Congress has manifested intent to regulate an entire area without state participation is known as preemption.

What did the U.S.Supreme Court decide regarding whether the Violent Crimes Against Women Act was validly enacted by Congress?

The _________ Amendment provides that no state shall "deprive any person of life,liberty,or property,without due process of law."

The general power retained by the states to protect the health,safety,welfare,and morals of state residents is often referred to as ______ power.

Under some circumstances a law passed by Congress may be valid even if it violates the U.S.Constitution.

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

Exam 4: Constitutional bases for business regulation

The ______ constitutional provision forbids trying a person twice for the same crime.

Congress can override a President's veto by a _________ vote of both the House of Representatives and the Senate.

In what year did the U.S.Constitution become effective?

The President has a type of immunity known as _________,which protects against the forced disclosure of Presidential communications made in the exercise of executive power.

When equal protection is concerned,classifications based on race are subject to a[n] ____________ test.

When equal protection is concerned,classifications based on gender are subject to a[n] ____________ test.

Even when Congress has taken no action in regard to a matter,the _____ or ______Commerce Clause may impose restrictions on state action.

The _____________ Clause of Article VI of the U.S.Constitution states that the Constitution,laws,and treaties of the United States take precedence over state laws and that the judges of the state courts must follow federal law.

Bruce is in charge of the library for a local public school and asks you if he is required to take any action to prevent students from viewing obscene material. What would you tell him?

The _____test is applied to determine if laws impacting speech violate the U.S.Constitution.

In order to hold a media defendant liable for statements made about a public figure,_____ must be established on the part of the media defendant.

Preemption of state law when it directly conflicts with federal law is known as ______ preemption whereas preemption of state law when Congress has manifested intent to regulate an entire area without state participation is known as ______ preemption.

What did the U.S.Supreme Court decide regarding whether the Violent Crimes Against Women Act was validly enacted by Congress?

The _________ Amendment provides that no state shall "deprive any person of life,liberty,or property,without due process of law."

The general power retained by the states to protect the health,safety,welfare,and morals of state residents is often referred to as ______ power.

Under some circumstances a law passed by Congress may be valid even if it violates the U.S.Constitution.

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

Even when Congress has taken no action in regard to a matter,the _ or __Commerce Clause may impose restrictions on state action.

Preemption of state law when it directly conflicts with federal law is known as preemption whereas preemption of state law when Congress has manifested intent to regulate an entire area without state participation is known as preemption.