Question 1

Federalism is the division of governing power between the federal government and the states.

Accepted Answer

A) True 
 B)False

Question 2

Judicial review:

Accepted Answer

A)  scrutinizes actions of federal, but not state, governments. 
B)  is a check by the judicial branch on legislative action. 
C)  is a check by the judicial branch on executive action. 
D)  is a check by the judicial branch on both  legislative and executive action. 
A)  scrutinizes actions of federal, but not state, governments. 
B)  is a check by the judicial branch on legislative action. 
C)  is a check by the judicial branch on executive action. 
D)  is a check by the judicial branch on both  legislative and executive action.

Question 3

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 4

The Contract Clause of the Constitution applies only to the actions of state governments and not to the federal government.

Accepted Answer

A) True 
 B)False

Question 5

An article appeared in the local newspaper of Midville falsely stating that the policy chief, Wilson, was facilitating the operations of a multi-state drug ring.Explain whether Wilson has any recourse against the paper or whether its statements are protected under the First Amendment.

Accepted Answer

Wilson may bring a defamation action aga

Question 6

If private entities engage in public functions, constitutional guarantees such as free speech and due process may apply to their actions under the __________ doctrine.

Accepted Answer

A)  state action 
B)  federal preemption 
C)  interstate commerce 
D)  supremacy 
A)  state action 
B)  federal preemption 
C)  interstate commerce 
D)  supremacy

Question 7

For the purposes of procedural due process, __________ includes certain entitlements conferred by government such as social security payments and food stamps.

Accepted Answer

A)  the right of free speech 
B)  equal protection 
C)  property 
D)  liberty 
A)  the right of free speech 
B)  equal protection 
C)  property 
D)  liberty

Question 8

Three different tests are used by the Supreme Court as standards in reviewing cases which raise issues of equal protection.What are the three tests? When is each applied? In your opinion, why have different tests been developed?

Accepted Answer

The rational relationship test applies t

Question 9

Most constitutional protections apply only to governmental, or state, action.

Accepted Answer

A) True 
 B)False

Question 10

State legislation is conflicting with federal law if (1) compliance with both state and federal law is impossible or (2) the state law "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress."

Accepted Answer

A) True 
 B)False

Question 11

Like the federal government's power to tax, its power to spend will be upheld so long as it does not:

Accepted Answer

A)  violate a specific constitutional limitation on federal power. 
B)  restrict the states' constitutional limitations. 
C)  cause undue hardship to the states. 
D)  interfere with commercial trade. 
A)  violate a specific constitutional limitation on federal power. 
B)  restrict the states' constitutional limitations. 
C)  cause undue hardship to the states. 
D)  interfere with commercial trade.

Question 12

The state of residence of the Jacobsen family passes a statute which requires that male heirs be preferred over female heirs in selecting an executor of an estate.Laura Jacobsen, a lawyer, would like to be the executor of her father's estate, but so would her eighteen-year-old brother who just flunked out of college.She challenges the provision as being a violation of the Equal Protection Clause of the Fourteenth Amendment.The case is now under consideration by the state's highest court.In deciding the constitutionality of the provision, the court will:

Accepted Answer

A)  apply the rational relationship test. 
B)  apply the strict scrutiny test. 
C)  apply the intermediate standard test. 
D)  create a new test 
A)  apply the rational relationship test. 
B)  apply the strict scrutiny test. 
C)  apply the intermediate standard test. 
D)  create a new test

Question 13

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 14

Under the Equal Protection Clause, all governmental action that treats two classes of citizens differently will be invalid.

Accepted Answer

A) True 
 B)False

Question 15

The U.S.Constitution created a federal government of enumerated powers, and legislation enacted by Congress must be based on a specific power the Constitution grants to the federal government or be reasonably necessary for carrying out an enumerated power.

Accepted Answer

A) True 
 B)False

Question 16

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 17

Briefly discuss the Contract Clause of the Constitution.

Accepted Answer

Article I, Section 10 of the Constitutio

Question 18

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 19

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)  All of these. 
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)  All of these.

Question 20

Which amendment prohibits the government from depriving any person of life, liberty, or property without due process of law?

Accepted Answer

A)  First. 
B)  Fifth. 
C)  Fourteenth. 
D)  Both (b) and (c). 
E)  All of these. 
A)  First. 
B)  Fifth. 
C)  Fourteenth. 
D)  Both (b) and (c). 
E)  All of these.

Exam 4: Constitutional Law

Federalism is the division of governing power between the federal government and the states.

Judicial review:

The Contract Clause of the Constitution applies only to the actions of state governments and not to the federal government.

An article appeared in the local newspaper of Midville falsely stating that the policy chief, Wilson, was facilitating the operations of a multi-state drug ring.Explain whether Wilson has any recourse against the paper or whether its statements are protected under the First Amendment.

If private entities engage in public functions, constitutional guarantees such as free speech and due process may apply to their actions under the __________ doctrine.

For the purposes of procedural due process, __________ includes certain entitlements conferred by government such as social security payments and food stamps.

Three different tests are used by the Supreme Court as standards in reviewing cases which raise issues of equal protection.What are the three tests? When is each applied? In your opinion, why have different tests been developed?

Most constitutional protections apply only to governmental, or state, action.

State legislation is conflicting with federal law if (1) compliance with both state and federal law is impossible or (2) the state law "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress."

Like the federal government's power to tax, its power to spend will be upheld so long as it does not:

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

Under the Equal Protection Clause, all governmental action that treats two classes of citizens differently will be invalid.

The U.S.Constitution created a federal government of enumerated powers, and legislation enacted by Congress must be based on a specific power the Constitution grants to the federal government or be reasonably necessary for carrying out an enumerated power.

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.

Briefly discuss the Contract Clause of the Constitution.

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

Commercial speech:

Which amendment prohibits the government from depriving any person of life, liberty, or property without due process of law?

Introduction to Law

Business Ethicspart Ii: the Legal Environment of Business

Civil Dispute Resolution

Administrative Law

Criminal Law

Negligence and Strict Liabilitypart Iii: Contracts

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 Remediespart Iv: Sales

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remediespart V: Negotiable Instruments

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transferspart Vi: Agency

Relationship of Principal and Agent

Relationship With Third Partiespart Vii: Business Associations

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 Corporationspart Viii: Debtor and Creditor Relations

Secured Transactions and Suretyship

Bankruptcypart Ix: Regulation of Business

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

International Business Lawpart X: Property

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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