Question 1

The __________ test is applied to determine whether or not speech is protected by the First Amendment to the U.S.Constitution.

Accepted Answer

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

Question 2

Over time the U.S.Supreme Court has changed its view of the scope of the Commerce Clause.

Accepted Answer

A) True 
 B)False

Question 3

In CASE 4.4,United States v.Windsor (2103),the U.S.Supreme Court addressed the question of:

Accepted Answer

A)  whether the case should be analyzed using a 'strict scrutiny' analysis. 
B)  the constitutionality of a state statute denying state benefits to same-sex couples who were married in states where same-sex marriage is legal. 
C)  the constitutionality of a federal statute denying federal benefits to same-sex couples who were married in states where same-sex marriage is legal. 
D)  whether the case should be analyzed using a 'rational basis' analysis. 
A)  whether the case should be analyzed using a 'strict scrutiny' analysis. 
B)  the constitutionality of a state statute denying state benefits to same-sex couples who were married in states where same-sex marriage is legal. 
C)  the constitutionality of a federal statute denying federal benefits to same-sex couples who were married in states where same-sex marriage is legal. 
D)  whether the case should be analyzed using a 'rational basis' analysis.

Question 4

State Y is planning a new superhighway.The traffic in state Y does not require any new roads.However,the state wishes to be the first in the U.S.to have a wild animal park running down the center of its highway.This will require 40% more land than ordinary superhighways.Claiming the power of eminent domain,the State has attempted to take Greg's house.Greg has filed suit to prevent this.How will the court decide this case and why?

Accepted Answer

The Fifth Amendment provides that privat

Question 5

Racist speech,no matter how disgusting or extreme,is unprotected by the First Amendment of the United States Constitution.

Accepted Answer

A) True 
 B)False

Question 6

In 2013,the Senate curtailed the power of the filibuster to delay votes on executive and judicial nominees.

Accepted Answer

A) True 
 B)False

Question 7

Under the Fifth Amendment,state and federal governments have the right to __________,which is the power to take private land for public use,in exchange for just compensation.

Accepted Answer

A)  subpoena a landowner 
B)  eminent domain 
C)  expropriate property 
D)  re-zone land 
A)  subpoena a landowner 
B)  eminent domain 
C)  expropriate property 
D)  re-zone land

Question 8

In CASE 4.2Brown v.Entertainment Merchants Association (2011),involving the issue of whether a California statute could prohibit the sale or rental of graphically violent video games to minors,what was the holding of of U.S.Supreme Court?

Accepted Answer

A)  That the law was valid because the video games did not qualify for First Amendment protection. 
B)  That the law was valid because minors are not entitled to First Amendment protection. 
C)  That the law was invalid because the state could not establish a rational basis for it. 
D)  That the law was invalid because the state could not satisfy the strict scrutiny test applied. 
A)  That the law was valid because the video games did not qualify for First Amendment protection. 
B)  That the law was valid because minors are not entitled to First Amendment protection. 
C)  That the law was invalid because the state could not establish a rational basis for it. 
D)  That the law was invalid because the state could not satisfy the strict scrutiny test applied.

Question 9

The __________ Clause 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 10

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 11

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 (GTFM,LLC v.TKN Sales,Inc)?

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. 
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.

Question 12

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.Under the Equal Protection clause,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. 
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.

Question 13

The Equal Protection Clause of the Fourteenth Amendment limits the power of the federal government to regulate commerce.

Accepted Answer

A) True 
 B)False

Question 14

The Seventh Amendment gives the right to a jury trial in civil cases when the value in dispute is greater than:

Accepted Answer

A)  $20. 
B)  $40. 
C)  $1,000. 
D)  $5,000. 
A)  $20. 
B)  $40. 
C)  $1,000. 
D)  $5,000.

Question 15

The division of power among the executive,legislative and judicial branches of government is typically referred to as:

Accepted Answer

A)  federalism. 
B)  judicial review. 
C)  separation of powers. 
D)  the Supremacy clause. 
A)  federalism. 
B)  judicial review. 
C)  separation of powers. 
D)  the Supremacy clause.

Question 16

Which of the following was the result at the U.S.Supreme Court level in Citizens United v.Federal Election Commission regarding the constitutionality of the federal law providing that televised electioneering communications funded by anyone other than a candidate must include a disclaimer setting forth identifying information as to sponsorship?

Accepted Answer

A)  That the law was unconstitutional only if a corporate entity, not an individual, sponsored the communication. 
B)  That the law was unconstitutional only if an individual, not a corporate entity, sponsored the communication. 
C)  That the law was unconstitutional in that it involved small expenditures as well as larger ones. 
D)  That the law was constitutional. 
A)  That the law was unconstitutional only if a corporate entity, not an individual, sponsored the communication. 
B)  That the law was unconstitutional only if an individual, not a corporate entity, sponsored the communication. 
C)  That the law was unconstitutional in that it involved small expenditures as well as larger ones. 
D)  That the law was constitutional.

Question 17

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.Under the Equal Protection clause,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. 
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.

Question 18

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.Which of the following sections of the U.S.Constitution should Wally reference when discussing the matter of the right to a jury trial with Rebecca?

Accepted Answer

A)  The First Amendment 
B)  The Fifth Amendment 
C)  The Seventh Amendment 
D)  Article One, Section Eight 
A)  The First Amendment 
B)  The Fifth Amendment 
C)  The Seventh Amendment 
D)  Article One, Section Eight

Question 19

The doctrine of federalism serves to allocate power between the federal government and government by the states.

Accepted Answer

A) True 
 B)False

Question 20

Without a constitutional grant of power,the federal government cannot act.

Accepted Answer

A) True 
 B)False

The __________ test is applied to determine whether or not speech is protected by the First Amendment to the U.S.Constitution.

Over time the U.S.Supreme Court has changed its view of the scope of the Commerce Clause.

In CASE 4.4,United States v.Windsor (2103),the U.S.Supreme Court addressed the question of:

Racist speech,no matter how disgusting or extreme,is unprotected by the First Amendment of the United States Constitution.

In 2013,the Senate curtailed the power of the filibuster to delay votes on executive and judicial nominees.

Under the Fifth Amendment,state and federal governments have the right to __________,which is the power to take private land for public use,in exchange for just compensation.

In CASE 4.2Brown v.Entertainment Merchants Association (2011),involving the issue of whether a California statute could prohibit the sale or rental of graphically violent video games to minors,what was the holding of of U.S.Supreme Court?

The __________ Clause 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.

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

The Equal Protection Clause of the Fourteenth Amendment limits the power of the federal government to regulate commerce.

The Seventh Amendment gives the right to a jury trial in civil cases when the value in dispute is greater than:

The division of power among the executive,legislative and judicial branches of government is typically referred to as:

The doctrine of federalism serves to allocate power between the federal government and government by the states.

Without a constitutional grant of power,the federal government cannot act.

Law, Value Creation, and Risk Management.

Ethics and the Law.

Sources of Law, Courts, 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 and Sustainability.

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 Law and Transactions.

Filters

Exam 4: Constitutional Bases for Business Regulation.

The __________ test is applied to determine whether or not speech is protected by the First Amendment to the U.S.Constitution.

Over time the U.S.Supreme Court has changed its view of the scope of the Commerce Clause.

In CASE 4.4,United States v.Windsor (2103),the U.S.Supreme Court addressed the question of:

Racist speech,no matter how disgusting or extreme,is unprotected by the First Amendment of the United States Constitution.

In 2013,the Senate curtailed the power of the filibuster to delay votes on executive and judicial nominees.

Under the Fifth Amendment,state and federal governments have the right to __________,which is the power to take private land for public use,in exchange for just compensation.

In CASE 4.2Brown v.Entertainment Merchants Association (2011),involving the issue of whether a California statute could prohibit the sale or rental of graphically violent video games to minors,what was the holding of of U.S.Supreme Court?

The __________ Clause 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.

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

The Equal Protection Clause of the Fourteenth Amendment limits the power of the federal government to regulate commerce.

The Seventh Amendment gives the right to a jury trial in civil cases when the value in dispute is greater than:

The division of power among the executive,legislative and judicial branches of government is typically referred to as:

The doctrine of federalism serves to allocate power between the federal government and government by the states.

Without a constitutional grant of power,the federal government cannot act.

Law, Value Creation, and Risk Management.

Ethics and the Law.

Sources of Law, Courts, 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 and Sustainability.

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 Law and Transactions.

Filters