Question 1

John 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 2

Procedural due process would require the government to establish a set of fair procedures in all but which of the following cases?

Accepted Answer

A) Where social security benefits are denied. 
B) Where a juvenile criminal is sent to a detention home. 
C) Where a professor is fired from his tenured position. 
D) Where a college student is denied a private scholarship. 
A) Where social security benefits are denied. 
B) Where a juvenile criminal is sent to a detention home. 
C) Where a professor is fired from his tenured position. 
D) Where a college student is denied a private scholarship.

Question 3

The federal government has no restrictions under the Constitution on its power to impair contracts since the Contract
Clause restricts only actions of the states.

Accepted Answer

A) True 
 B)False

Question 4

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 5

Define defamation.

Accepted Answer

Defamation is a civil wrong or tort that

Question 6

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 7

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 8

The Bill of Rights applies directly to the states.

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

The requirement that a classification have a substantial relationship to an important governmental objective is known as the:

Accepted Answer

A) rational relationship test. 
B) strict scrutiny test. 
C) intermediate test. 
D) Contract Clause. 
A) rational relationship test. 
B) strict scrutiny test. 
C) intermediate test. 
D) Contract Clause.

Question 11

Both the Fifth and Fourteenth Amendments contain due process clauses.

Accepted Answer

A) True 
 B)False

Question 12

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 13

The U.S.Supreme Court can invalidate a law if it conflicts with the U.S.Constitution.

Accepted Answer

A) True 
 B)False

Question 14

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 15

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 16

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

Accepted Answer

A) True 
 B)False

Question 17

The U.S.Constitution vests power in the branches of government that form a "check and balance" system.Those branches of government are:

Accepted Answer

A) executive, administrative, legislative 
B) legislative, administrative, judicial 
C) judicial, legislative, executive 
D) administrative, executive, judicial 
A) executive, administrative, legislative 
B) legislative, administrative, judicial 
C) judicial, legislative, executive 
D) administrative, executive, judicial

Question 18

Generally, the legislative branch of government has the power to enforce the law.

Accepted Answer

A) True 
 B)False

Question 19

"Actual malice" in defamation cases against the press requires a showing that a reporter intentionally lied or recklessly disregarded the truth.

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 4: Constitutional Law

John 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:

Procedural due process would require the government to establish a set of fair procedures in all but which of the following cases?

The federal government has no restrictions under the Constitution on its power to impair contracts since the Contract Clause restricts only actions of the states.

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

Define defamation.

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.

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 Bill of Rights applies directly to the states.

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

The requirement that a classification have a substantial relationship to an important governmental objective is known as the:

Both the Fifth and Fourteenth Amendments contain due process clauses.

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:

The U.S.Supreme Court can invalidate a law if it conflicts with the U.S.Constitution.

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

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

The U.S.Constitution vests power in the branches of government that form a "check and balance" system.Those branches of government are:

Generally, the legislative branch of government has the power to enforce the law.

"Actual malice" in defamation cases against the press requires a showing that a reporter intentionally lied or recklessly disregarded the truth.

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

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.

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