Question 1

Which of the following is true of state action?

Accepted Answer

A)  It includes any actions of the federal government, but not actions of state government. 
B)  It includes any actions of the federal or state government, but not actions of local government. 
C)  It includes only certain actions of state governments as set forth in the Constitution. 
D)  Protections that guard against state action may be extended by statute to apply to private activity. 
A)  It includes any actions of the federal government, but not actions of state government. 
B)  It includes any actions of the federal or state government, but not actions of local government. 
C)  It includes only certain actions of state governments as set forth in the Constitution. 
D)  Protections that guard against state action may be extended by statute to apply to private activity.

Question 2

The doctrine aimed at preventing any branch of government from gaining too much power is:

Accepted Answer

A)  judicial review. 
B)  federalism. 
C)  separation of powers. 
D)  preemption. 
A)  judicial review. 
B)  federalism. 
C)  separation of powers. 
D)  preemption.

Question 3

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 4

The Commerce Clause allows the federal government to invalidate state laws that burden interstate commerce.

Accepted Answer

A) True 
 B)False

Question 5

Because defamation involves a communication, the protection of the __________ Amendment applies.

Accepted Answer

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

Question 6

The U.S. Supreme Court has:

Accepted Answer

A)  used the Contract Clause to restrict states from retroactively modifying public charters and private contracts. 
B)  held that the Contract Clause precludes states from exercising their police powers. 
C)  held that the Contract Clause precludes states from exercising eminent domain. 
D)  used the Contract Clause to require Congress to ratify contracts entered into by way of international treaties. 
A)  used the Contract Clause to restrict states from retroactively modifying public charters and private contracts. 
B)  held that the Contract Clause precludes states from exercising their police powers. 
C)  held that the Contract Clause precludes states from exercising eminent domain. 
D)  used the Contract Clause to require Congress to ratify contracts entered into by way of international treaties.

Question 7

The legislative branch's primary check on both the judicial and executive branches is the power to:

Accepted Answer

A)  veto executive or judicial decisions. 
B)  confirm appointments to the courts and agencies. 
C)  appoint judges and cabinet officials. 
D)  pass laws that set term limits. 
A)  veto executive or judicial decisions. 
B)  confirm appointments to the courts and agencies. 
C)  appoint judges and cabinet officials. 
D)  pass laws that set term limits.

Question 8

In equal protection cases involving economic regulation, the courts use the rational relationship test.

Accepted Answer

A) True 
 B)False

Question 9

Identify the purpose of the U.S. Constitution as stated in its preamble.

Accepted Answer

The preamble of the Constitution states:

Question 10

When Congress has not intended to displace all state legislation, nonconflicting state legislation is permitted.

Accepted Answer

A) True 
 B)False

Question 11

Procedural due process pertains to governmental decisions depriving a person of all the following except :

Accepted Answer

A)  life. 
B)  equal protection. 
C)  liberty. 
D)  property. 
A)  life. 
B)  equal protection. 
C)  liberty. 
D)  property.

Question 12

The Minnesota Housing Authority plans to begin eminent domain proceedings to acquire 100 homes to rent to low-income persons. The Housing Authority wants to pay as little as possible for the homes so that it can acquire more homes in the future, but the homeowners insist they are entitled to the fair market value of the property. In a court hearing on the matter, the homeowners are likely to prevail.

Accepted Answer

A) True 
 B)False

Question 13

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 14

In commercial speech cases, the U.S. Supreme Court requires that any restriction on such speech must be the least restrictive possible to achieve a substantial governmental interest.

Accepted Answer

A) True 
 B)False

Question 15

A classic and important example of strict scrutiny of classifications based upon race is the 1954 school desegregation case of:

Accepted Answer

A)  Board of Curators of the University of Missouri v. Horowitz. 
B)  Brentwood Academy v. Tennessee Secondary School Athletic Association. 
C)  Parents Involved in Community Schools v. Seattle School District No. 1. 
D)  Brown v. Board of Education of Topeka. 
A)  Board of Curators of the University of Missouri v. Horowitz. 
B)  Brentwood Academy v. Tennessee Secondary School Athletic Association. 
C)  Parents Involved in Community Schools v. Seattle School District No. 1. 
D)  Brown v. Board of Education of Topeka.

Question 16

The main purpose of The Bill of Rights was to:

Accepted Answer

A)  enumerate all of the rights of U.S. citizens. 
B)  list the powers of the federal government. 
C)  provide for restrictions on the power of the federal government. 
D)  provide limitations on the powers of individuals. 
A)  enumerate all of the rights of U.S. citizens. 
B)  list the powers of the federal government. 
C)  provide for restrictions on the power of the federal government. 
D)  provide limitations on the powers of individuals.

Question 17

The power of the state to tax is limited by:

Accepted Answer

A)  the Commerce Clause. 
B)  legislative limits. 
C)  the Due Process Clause of the Fifth Amendment. 
D)  Internal Revenue Service regulations. 
A)  the Commerce Clause. 
B)  legislative limits. 
C)  the Due Process Clause of the Fifth Amendment. 
D)  Internal Revenue Service regulations.

Question 18

All but which of the following is an exclusive federal power?

Accepted Answer

A)  The power to establish laws regarding bankruptcy. 
B)  The power to grant copyrights. 
C)  The power to enter into treaties. 
D)  Police power. 
A)  The power to establish laws regarding bankruptcy. 
B)  The power to grant copyrights. 
C)  The power to enter into treaties. 
D)  Police power.

Question 19

What constitutional principle requires that similarly situated people be treated similarly by government?

Accepted Answer

A)  Free speech. 
B)  Equal protection. 
C)  Due process. 
D)  Eminent domain. 
A)  Free speech. 
B)  Equal protection. 
C)  Due process. 
D)  Eminent domain.

Question 20

The Citizens United decision holds that political spending is not a form of protected speech under the First Amendment and that the government may prevent corporations or unions from spending money to advocate the election or defeat of a candidate .

Accepted Answer

A) True 
 B)False

Exam 4: Constitutional Law

Which of the following is true of state action?

The doctrine aimed at preventing any branch of government from gaining too much power is:

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.

The Commerce Clause allows the federal government to invalidate state laws that burden interstate commerce.

Because defamation involves a communication, the protection of the __________ Amendment applies.

The U.S. Supreme Court has:

The legislative branch's primary check on both the judicial and executive branches is the power to:

In equal protection cases involving economic regulation, the courts use the rational relationship test.

Identify the purpose of the U.S. Constitution as stated in its preamble.

When Congress has not intended to displace all state legislation, nonconflicting state legislation is permitted.

Procedural due process pertains to governmental decisions depriving a person of all the following except :

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 commercial speech cases, the U.S. Supreme Court requires that any restriction on such speech must be the least restrictive possible to achieve a substantial governmental interest.

A classic and important example of strict scrutiny of classifications based upon race is the 1954 school desegregation case of:

The main purpose of The Bill of Rights was to:

The power of the state to tax is limited by:

All but which of the following is an exclusive federal power?

What constitutional principle requires that similarly situated people be treated similarly by government?

The Citizens United decision holds that political spending is not a form of protected speech under the First Amendment and that the government may prevent corporations or unions from spending money to advocate the election or defeat of a candidate .

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

Antitrust

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

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