Question 1

Commercial speech:

Accepted Answer

A)  would not include an advertisement for a service. 
B)  must concern lawful activity and not be misleading in order to receive First Amendment protection. 
C)  is more valuable than other varieties of speech. 
D)  is protected at the same level as personal speech. 
A)  would not include an advertisement for a service. 
B)  must concern lawful activity and not be misleading in order to receive First Amendment protection. 
C)  is more valuable than other varieties of speech. 
D)  is protected at the same level as personal speech.

Question 2

A public figure who brings a defamation suit against a newspaper which prints a false story about her must prove actual malice to win the suit.

Accepted Answer

A) True 
 B)False

Question 3

The Bill of Rights was adopted by the fourth U.S. Congress.

Accepted Answer

A) True 
 B)False

Question 4

The intermediate equal protection test:

Accepted Answer

A)  does not require governmental classification to bear a substantial relationship to an important governmental objective. 
B)  eliminates the strong presumption of constitutionality that exists 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 require governmental classification to bear a substantial relationship to an important governmental objective. 
B)  eliminates the strong presumption of constitutionality that exists 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 5

Most of the protections provided by the U.S. Constitution and its amendments apply only to governmental action, which is referred to as:

Accepted Answer

A)  due process. 
B)  state action. 
C)  equal protection. 
D)  separation of power. 
A)  due process. 
B)  state action. 
C)  equal protection. 
D)  separation of power.

Question 6

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

Accepted Answer

The First Amendment prohibits Congress f

Question 7

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 and Tenth 
B)  Fifth and Fourteenth 
C)  Fourth and Fourteenth 
D)  Fourteenth and Fifth 
A)  First and Tenth 
B)  Fifth and Fourteenth 
C)  Fourth and Fourteenth 
D)  Fourteenth and Fifth

Question 8

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

Accepted Answer

A)  Fifth and Fourteenth Amendments 
B)  Equal Protection Clause of the Fourteenth Amendment 
C)  Takings Clause 
D)  Import-Export Clause 
A)  Fifth and Fourteenth Amendments 
B)  Equal Protection Clause of the Fourteenth Amendment 
C)  Takings Clause 
D)  Import-Export Clause

Question 9

According to the __________ Amendment, "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Accepted Answer

A)  First 
B)  Fourth 
C)  Fifth 
D)  Tenth 
A)  First 
B)  Fourth 
C)  Fifth 
D)  Tenth

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

Most forms of speech are protected by the strict or exacting scrutiny standard.

Accepted Answer

A) True 
 B)False

Question 12

Dr. David Doright is a professor at Towers 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 because 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 because 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 13

Which of the following activities is/are regulated by the federal government through its exercise of the commerce power?

Accepted Answer

A)  Commercial speech. 
B)  Civil rights in employment. 
C)  Shoplifting. 
D)  Taxation of personal property like automobiles. 
A)  Commercial speech. 
B)  Civil rights in employment. 
C)  Shoplifting. 
D)  Taxation of personal property like automobiles.

Question 14

John is a Haitian who has obtained U.S. citizenship. The state he lives in passes a law that all Haitian-born citizens must submit to AIDS testing. The courts will review this law based on:

Accepted Answer

A)  deferring to the legislature to determine whether such a classification of persons is constitutionally permissible. 
B)  clear and convincing evidence that there is no reasonable basis for the legislation. 
C)  the rational relationship test. 
D)  the strict scrutiny test. 
A)  deferring to the legislature to determine whether such a classification of persons is constitutionally permissible. 
B)  clear and convincing evidence that there is no reasonable basis for the legislation. 
C)  the rational relationship test. 
D)  the strict scrutiny test.

Question 15

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

Question 16

Commercial speech is expression related to the economic interests of the speaker and his audience.

Accepted Answer

A) True 
 B)False

Question 17

In determining whether a state law unduly burdens interstate commerce, the Court considers:

Accepted Answer

A)  the extent to which the law discriminates against interstate commerce in favor of local concerns. 
B)  only the blanket consideration of whether Congress has already legislated in the affected subject area. 
C)  whether the Constitution specifically allows states to regulate that subject matter. 
D)  only the necessity of the law to the proper functioning of the state. 
A)  the extent to which the law discriminates against interstate commerce in favor of local concerns. 
B)  only the blanket consideration of whether Congress has already legislated in the affected subject area. 
C)  whether the Constitution specifically allows states to regulate that subject matter. 
D)  only the necessity of the law to the proper functioning of the state.

Question 18

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)  to mean that the Court may invalidate legislation enacted by Congress when the activity affects the individual states' regulation of their own role in interstate commerce. 
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)  to mean that the Court may invalidate legislation enacted by Congress when the activity affects the individual states' regulation of their own role in interstate commerce.

Question 19

The U.S. Supreme Court is the final authority as to the constitutionality of any federal or state law.

Accepted Answer

A) True 
 B)False

Question 20

Eminent domain is a recognized inherent power of government.

Accepted Answer

A) True 
 B)False

Exam 4: Constitutional Law

Commercial speech:

A public figure who brings a defamation suit against a newspaper which prints a false story about her must prove actual malice to win the suit.

The Bill of Rights was adopted by the fourth U.S. Congress.

The intermediate equal protection test:

Most of the protections provided by the U.S. Constitution and its amendments apply only to governmental action, which is referred to as:

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

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

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

According to the __________ Amendment, "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

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

Most forms of speech are protected by the strict or exacting scrutiny standard.

Which of the following activities is/are regulated by the federal government through its exercise of the commerce power?

John is a Haitian who has obtained U.S. citizenship. The state he lives in passes a law that all Haitian-born citizens must submit to AIDS testing. The courts will review this law based on:

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

Commercial speech is expression related to the economic interests of the speaker and his audience.

In determining whether a state law unduly burdens interstate commerce, the Court considers:

The Supreme Court interprets the Commerce Clause:

The U.S. Supreme Court is the final authority as to the constitutionality of any federal or state law.

Eminent domain is a recognized inherent power of government.

Introduction to Law

Business Ethics

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

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits Collections and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Employment Law

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Accountants Legal Liability

Consumer Protection

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 Wills

Filters

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