Question 1

Which of the following limitations does not apply to the government in civil proceedings to take a person's liberty or property?

Accepted Answer

A)  Procedural Due Process. 
B)  The Takings Clause. 
C)  Substantive Due Process. 
D)  The Equal Protection Clause. 
A)  Procedural Due Process. 
B)  The Takings Clause. 
C)  Substantive Due Process. 
D)  The Equal Protection Clause.

Question 2

Government is permitted to regulate commercial speech more closely than other forms of speech under the First Amendment to the U.S.Constitution.

Accepted Answer

A) True 
 B)False

Question 3

Every year the U.S.Supreme Court receives about 8,000 requests to review cases.Of this number,the Court will hear about:

Accepted Answer

A)  10. 
B)  100. 
C)  200. 
D)  1,000. 
A)  10. 
B)  100. 
C)  200. 
D)  1,000.

Question 4

The Fifth Amendment to the Constitution provides Robert,an employee of Mattax Paper Co.,due process protection from being fired without a hearing in front of a neutral fact finder.

Accepted Answer

A) True 
 B)False

Question 5

Assume that the state of Ohio passed a hazardous waste statute,seeking to protect the general public and workers.The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce.Both the state statute and the federal Occupational Safety and Health Act established job safety standards and specified worker training and employer licensing,but the requirements differed.Discuss which statute(s)Ohio corporations had to obey,and identify the source of the ans.

Accepted Answer

Article VI of the Constitution provides

Question 6

The U.S.Constitution is a great legal document because of its:

Accepted Answer

A)  longevity. 
B)  clarity. 
C)  brevity and versatility. 
D)  All of the above. 
E)  Both (a) and (c). 
A)  longevity. 
B)  clarity. 
C)  brevity and versatility. 
D)  All of the above. 
E)  Both (a) and (c).

Question 7

Constitutional Framer Patrick Henry:

Accepted Answer

A)  was a federalist. 
B)  agreed with Alexander Hamilton on the role of a central government. 
C)  was an antifederalist. 
D)  urged a strong central government. 
E)  Both (a) and (d). 
A)  was a federalist. 
B)  agreed with Alexander Hamilton on the role of a central government. 
C)  was an antifederalist. 
D)  urged a strong central government. 
E)  Both (a) and (d).

Question 8

Ikerd was entering the United States from a trip abroad when the Customs Service confiscated some goods she had purchased and brought back with her.The determination of whether the government is attempting to take property and what type of hearing the Customs Service must offer Ikerd,is an analysis of:

Accepted Answer

A)  substantive due process. 
B)  procedural due process. 
C)  the Takings Clause. 
D)  eminent domain. 
A)  substantive due process. 
B)  procedural due process. 
C)  the Takings Clause. 
D)  eminent domain.

Question 9

The doctrine of preemption is based on the Constitution's:

Accepted Answer

A)  Commerce Clause. 
B)  Due Process Clause. 
C)  Equal Protection Clause. 
D)  Supremacy Clause. 
A)  Commerce Clause. 
B)  Due Process Clause. 
C)  Equal Protection Clause. 
D)  Supremacy Clause.

Question 10

By creating four independent and equal branches of the federal government,the U.S.Constitution limited the federal government's power.

Accepted Answer

A) True 
 B)False

Question 11

A governmental classification based on gender would be subject to strict scrutiny.

Accepted Answer

A) True 
 B)False

Question 12

The "dormant" aspect of the Commerce Clause:

Accepted Answer

A)  is also known as the "negative" aspect. 
B)  means that there are many unused powers still available to the government to regulate trade between the states. 
C)  guarantees that Congress has the power to regulate trade with foreign countries that have not yet developed trade practices with the United States. 
D)  guarantees that the states have the power, even if unused, to impose regulations affecting interstate commerce. 
A)  is also known as the "negative" aspect. 
B)  means that there are many unused powers still available to the government to regulate trade between the states. 
C)  guarantees that Congress has the power to regulate trade with foreign countries that have not yet developed trade practices with the United States. 
D)  guarantees that the states have the power, even if unused, to impose regulations affecting interstate commerce.

Question 13

Congress passed the federal OSHA establishing job safety standards.Illinois passed its own statute,seeking to protect the general public and workers from hazardous wastes.The Illinois statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce.Local workers were obligated to obey both the federal and the state regulations.

Accepted Answer

A) True 
 B)False

Question 14

Fundamental rights include all EXCEPT the right to:

Accepted Answer

A)  drive. 
B)  vote. 
C)  exercise free speech. 
D)  travel. 
A)  drive. 
B)  vote. 
C)  exercise free speech. 
D)  travel.

Question 15

Professor Jones accuses Rachel,a senior at a large state university,of cheating on an exam.The Professor claims that Rachel must prove to him that she did not cheat.If she fails to convince him,she will be expelled from college.Rachel is being denied her due process rights.

Accepted Answer

A) True 
 B)False

Question 16

Gadberry lives in a "common interest development" (CID)and has parked his new pickup truck in his driveway.The Neighborhood Association informs him that,according to their regulations,he may not have a truck in the sight of passersby.The Association has made an unconstitutional restriction of the property rights of residents of the CID.

Accepted Answer

A) True 
 B)False

Question 17

Tim received a letter from his state college stating he had been expelled from the school.The letter stated his finance professor reported him to the Dean's office for cheating and that a committee had decided to expel him.He was reminded in the letter he had been disciplined earlier that same year for plagiarizing a term paper.Tim believes his due process rights have been violated by the college.Discuss what factors should be considered to determine the validity of Tim's claim.

Accepted Answer

The Constitution's Fifth Amendment addre

Question 18

The Supreme Court's approach during the period from the 1950s through the 1970s in deciding cases on constitutional grounds is described as:

Accepted Answer

A)  judicial restraint. 
B)  judicial activism. 
C)  judicial review. 
D)  the dormant aspect of its judicial power. 
A)  judicial restraint. 
B)  judicial activism. 
C)  judicial review. 
D)  the dormant aspect of its judicial power.

Question 19

The process of extending virtually all of the important constitutional protections to all levels of national,state,and local government is called:

Accepted Answer

A)  extension. 
B)  incorporation. 
C)  the substantial effect rule. 
D)  preemption. 
A)  extension. 
B)  incorporation. 
C)  the substantial effect rule. 
D)  preemption.

Question 20

If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising,that statute would be:

Accepted Answer

A)  valid as an exercise of police power. 
B)  valid, as alcohol is illegal for minors. 
C)  invalid as a violation of the Commerce Clause. 
D)  invalid as an unreasonable restriction of free speech. 
A)  valid as an exercise of police power. 
B)  valid, as alcohol is illegal for minors. 
C)  invalid as a violation of the Commerce Clause. 
D)  invalid as an unreasonable restriction of free speech.

Exam 5: Constitutional Law

Which of the following limitations does not apply to the government in civil proceedings to take a person's liberty or property?

Government is permitted to regulate commercial speech more closely than other forms of speech under the First Amendment to the U.S.Constitution.

Every year the U.S.Supreme Court receives about 8,000 requests to review cases.Of this number,the Court will hear about:

The Fifth Amendment to the Constitution provides Robert,an employee of Mattax Paper Co.,due process protection from being fired without a hearing in front of a neutral fact finder.

The U.S.Constitution is a great legal document because of its:

Constitutional Framer Patrick Henry:

The doctrine of preemption is based on the Constitution's:

By creating four independent and equal branches of the federal government,the U.S.Constitution limited the federal government's power.

A governmental classification based on gender would be subject to strict scrutiny.

The "dormant" aspect of the Commerce Clause:

Fundamental rights include all EXCEPT the right to:

Professor Jones accuses Rachel,a senior at a large state university,of cheating on an exam.The Professor claims that Rachel must prove to him that she did not cheat.If she fails to convince him,she will be expelled from college.Rachel is being denied her due process rights.

The Supreme Court's approach during the period from the 1950s through the 1970s in deciding cases on constitutional grounds is described as:

The process of extending virtually all of the important constitutional protections to all levels of national,state,and local government is called:

If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising,that statute would be:

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