Question 1

Substantive due process addresses the fairness of the process by which a legal rule is applied.

Accepted Answer

A) True 
 B)False

Question 2

A classification based on gender or "legitimacy" for a governmental action:

Accepted Answer

A) does not need to bear a substantial relationship to an important governmental objective. 
B) eliminates the strong presumption of the constitutionality of legislation that is allowed under the rational relationship test. 
C) does not allow taking into legislative consideration the natural physical differences of gender. 
D) requires that men and women be treated exactly the same with regard to governmental action. 
A) does not need to bear a substantial relationship to an important governmental objective. 
B) eliminates the strong presumption of the constitutionality of legislation that is allowed under the rational relationship test. 
C) does not allow taking into legislative consideration the natural physical differences of gender. 
D) requires that men and women be treated exactly the same with regard to governmental action.

Question 3

According to the U.S.Constitution, the federal government is a government of enumerated, or limited, powers, and a specified power must authorize each of its acts.

Accepted Answer

A) True 
 B)False

Question 4

A government action that treats two classes of similarly situated citizens the same is valid under the Equal Protection
Clause.

Accepted Answer

A) True 
 B)False

Question 5

The Contract Clause of the Constitution applies only to the actions of state governments and not to the federal government.

Accepted Answer

A) True 
 B)False

Question 6

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 7

In addition to acting as a broad source of federal power, the Commerce Clause also restricts the power of the states to regulate activities if the result obstructs or unduly burdens interstate commerce.

Accepted Answer

A) True 
 B)False

Question 8

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 9

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 10

An official action by an agency of the city of Oakwood against one of its citizens would be considered "state action."

Accepted Answer

A) True 
 B)False

Question 11

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 12

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

Accepted Answer

A) True 
 B)False

Question 13

Since the Supreme Court's abandonment of substantive due process as a critical check on legislation involving individual rights, the Clause is now the most important clause in this regard.

Accepted Answer

A) Procedural Due Process 
B) State Action 
C) Equal Protection 
D) Fundamental Rights 
A) Procedural Due Process 
B) State Action 
C) Equal Protection 
D) Fundamental Rights

Question 14

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 15

Powers given exclusively to the federal government under the U.S.Constitution include the power to establish laws governing bankruptcy and to coin money.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

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 18

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 19

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.

Question 20

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

Exam 4: Constitutional Law

Substantive due process addresses the fairness of the process by which a legal rule is applied.

A classification based on gender or "legitimacy" for a governmental action:

According to the U.S.Constitution, the federal government is a government of enumerated, or limited, powers, and a specified power must authorize each of its acts.

A government action that treats two classes of similarly situated citizens the same is valid under the Equal Protection Clause.

The Contract Clause of the Constitution applies only to the actions of state governments and not to the federal government.

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

In addition to acting as a broad source of federal power, the Commerce Clause also restricts the power of the states to regulate activities if the result obstructs or unduly burdens interstate commerce.

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

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

An official action by an agency of the city of Oakwood against one of its citizens would be considered "state action."

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

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

Since the Supreme Court's abandonment of substantive due process as a critical check on legislation involving individual rights, the Clause is now the most important clause in this regard.

Powers given exclusively to the federal government under the U.S.Constitution include the power to establish laws governing bankruptcy and to coin money.

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

The Supreme Court interprets the Commerce Clause:

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?

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

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

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

51: The Legal Environment Of Business

52: Contracts.

53: Agency.

54: Sales

55: Negotiable Instruments

56: Unincorporated Business Association

57: Corporations

58: Debtor and Creditor Relation

59: Regulation of Business

60: Property.

Filters