Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

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.

Question 3

State X passes legislation that requires that unless a mother of children under the age of 7 is found to be unfit, custody in divorce proceedings should be awarded to the mother and not the father. If this statute is challenged, the court will:

Accepted Answer

A)  not defer to the legislature and will independently determine whether such a classification of persons is constitutionally permissible. 
B)  determine that fundamental rights and a suspect classification are involved in this legislation. 
C)  only require that the legislation conceivably bear some rational relationship to a legitimate governmental interest. 
D)  review the legislation to see if it bears a substantial relationship to an important governmental objective. 
A)  not defer to the legislature and will independently determine whether such a classification of persons is constitutionally permissible. 
B)  determine that fundamental rights and a suspect classification are involved in this legislation. 
C)  only require that the legislation conceivably bear some rational relationship to a legitimate governmental interest. 
D)  review the legislation to see if it bears a substantial relationship to an important governmental objective.

Question 4

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

Accepted Answer

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

Question 5

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 6

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

Accepted Answer

A) True 
 B)False

Question 7

What constitutional principle requires that similarly situated people be treated similarly by government?

Accepted Answer

A)  Free speech 
B)  Equal protection 
C)  Due process 
D)  Eminent domain 
A)  Free speech 
B)  Equal protection 
C)  Due process 
D)  Eminent domain

Question 8

The Bill of Rights was included in the original U.S. Constitution.

Accepted Answer

A) True 
 B)False

Question 9

In a sex discrimination case under the equal protection clause, the courts apply the strict scrutiny standard of review.

Accepted Answer

A) True 
 B)False

Question 10

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 prohibiti

Question 11

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 12

A woman claiming sex discrimination because she was passed over for a promotion by her employer, would have her case reviewed under the test of the Equal Protection Clause.

Accepted Answer

A)  rational relationship 
B)  intermediate 
C)  strict scrutiny 
D)  basic 
A)  rational relationship 
B)  intermediate 
C)  strict scrutiny 
D)  basic

Question 13

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 14

Which of the following is NOT correct with regard to the Bill of Rights?

Accepted Answer

A)  It serves as a major restriction on the powers and authority of the federal government. 
B)  It does not apply directly to the states, but the Supreme Court has held that the Fourteenth Amendment makes many of its principles applicable to the states. 
C)  It consists of ten amendments to the U.S. Constitution that were adopted in 1791. 
D)  It was added to the U.S. Constitution about 3 weeks after the Constitution was first ratified. 
A)  It serves as a major restriction on the powers and authority of the federal government. 
B)  It does not apply directly to the states, but the Supreme Court has held that the Fourteenth Amendment makes many of its principles applicable to the states. 
C)  It consists of ten amendments to the U.S. Constitution that were adopted in 1791. 
D)  It was added to the U.S. Constitution about 3 weeks after the Constitution was first ratified.

Question 15

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 16

54. The and
Amendments respectively prohibit the federal and state governments from depriving any person
Of life, liberty, or property without due process of law.

Accepted Answer

A)  First, Tenth 
B)  Fifth, Fourteenth 
C)  Fourth, Fourteenth 
D)  Fifth, Ninth 
A)  First, Tenth 
B)  Fifth, Fourteenth 
C)  Fourth, Fourteenth 
D)  Fifth, Ninth

Question 17

Which of the following is correct with regard to the powers of government in the United States?

Accepted Answer

A)  The federal government is a government of enumerated powers. 
B)  The federal government is all-powerful except in cases of state criminal law. 
C)  Legislation enacted by Congress does not need to be based on a specific power granted to the federal government by the Constitution or be reasonably necessary to carry out a specified power.. 
D)  Congress may not enact legislation that affects the states. 
A)  The federal government is a government of enumerated powers. 
B)  The federal government is all-powerful except in cases of state criminal law. 
C)  Legislation enacted by Congress does not need to be based on a specific power granted to the federal government by the Constitution or be reasonably necessary to carry out a specified power.. 
D)  Congress may not enact legislation that affects the states.

Question 18

Identify the purpose of the U.S. Constitution as stated in its preamble.

Accepted Answer

The preamble of the Constitution states:

Question 19

Judicial review is:

Accepted Answer

A)  a power of federal, but not state, courts. 
B)  a check by the judicial branch on legislative or executive action. 
C)  a check by the executive branch on judicial action. 
D)  a check by the legislative branch on judicial action. 
A)  a power of federal, but not state, courts. 
B)  a check by the judicial branch on legislative or executive action. 
C)  a check by the executive branch on judicial action. 
D)  a check by the legislative branch on judicial action.

Question 20

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.

Exam 4: Constitutional Law

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

A star basketball player in the NBA:

State X passes legislation that requires that unless a mother of children under the age of 7 is found to be unfit, custody in divorce proceedings should be awarded to the mother and not the father. If this statute is challenged, the court will:

Which of the following is included in the Fourteenth Amendment?

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

What constitutional principle requires that similarly situated people be treated similarly by government?

The Bill of Rights was included in the original U.S. Constitution.

In a sex discrimination case under the equal protection clause, the courts apply the strict scrutiny standard of review.

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

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.

A woman claiming sex discrimination because she was passed over for a promotion by her employer, would have her case reviewed under the test of the Equal Protection Clause.

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

Which of the following is NOT correct with regard to the Bill of Rights?

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

54. The and Amendments respectively prohibit the federal and state governments from depriving any person Of life, liberty, or property without due process of law.

Which of the following is correct with regard to the powers of government in the United States?

Identify the purpose of the U.S. Constitution as stated in its preamble.

Judicial review is:

Introduction to Law

Business Ethics and the Social Responsibility of Business

Civil Dispute Resolution

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

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

the Legal Environment of Business

Contracts

Agency

Sales

Negotiable Instruments

Unincorporated Business Associations

Corporations

Debtor and Creditor Relations

Regulation of Business

Property

Filters

₅₄_._The _and _Amendment_s_respectivel_y_prohibi_t_th_e_federa_l_an_d_stat_e_government_s_fro_m_deprivin_g_an_y_person Of life, liberty, or property without due process of law.