Question 1

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 2

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)  None of these. 
A)  veto executive or judicial decisions. 
B)  confirm appointments to the courts and agencies. 
C)  appoint judges and cabinet officials. 
D)  None of these.

Question 3

The framers of the Constitution considered it unnecessary to include in the original document liberties that the people were to keep for themselves.

Accepted Answer

A) True 
 B)False

Question 4

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 5

Under the Due Process Clause, entitlements conferred by the government, such as social security payments, are property, which cannot be revoked without procedural due process.

Accepted Answer

A) True 
 B)False

Question 6

A lead singer of a nationally known band:

Accepted Answer

A)  is a "public figure" with respect to a defamation action against a newspaper. 
B)  is a "public official" with respect to a defamation action against a newspaper. 
C)  may win a defamation case against the media if she can prove the media acted negligently in reporting an untruth about her. 
D)  is not subject to the "actual malice" test in defamation actions against the press. 
A)  is a "public figure" with respect to a defamation action against a newspaper. 
B)  is a "public official" with respect to a defamation action against a newspaper. 
C)  may win a defamation case against the media if she can prove the media acted negligently in reporting an untruth about her. 
D)  is not subject to the "actual malice" test in defamation actions against the press.

Question 7

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 8

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 9

Under the federalist system, the states retain significant powers; however, the Supremacy Clause of the Constitution provides that within the areas of regulation that are federal in nature, federal law is supreme.

Accepted Answer

A) True 
 B)False

Question 10

The U.S.Supreme Court held that the Due Process Clause of the Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed in another state.

Accepted Answer

A) True 
 B)False

Question 11

A state regulation that does not conflict with a federal regulation may still be preempted by federal action.

Accepted Answer

A) True 
 B)False

Question 12

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 13

How does the due process clause of the Fourteenth Amendment differ from the due process clause of the Fifth Amendment?

Accepted Answer

A)  The Fourteenth Amendment clause protects individuals from violations of their rights by state governments; the Fifth Amendment protects individuals from violations of their rights by the federal government. 
B)  The Fourteenth Amendment clause guarantees both substantive and procedural due process but the Fifth Amendment clause does not. 
C)  The Fourteenth Amendment clause protects individuals against violation of their rights by private individuals as well as the government. 
D)  The Fourteenth Amendment clause requires the application of strict scrutiny in all cases. 
A)  The Fourteenth Amendment clause protects individuals from violations of their rights by state governments; the Fifth Amendment protects individuals from violations of their rights by the federal government. 
B)  The Fourteenth Amendment clause guarantees both substantive and procedural due process but the Fifth Amendment clause does not. 
C)  The Fourteenth Amendment clause protects individuals against violation of their rights by private individuals as well as the government. 
D)  The Fourteenth Amendment clause requires the application of strict scrutiny in all cases.

Question 14

Under the Commerce Clause, any state statute that affects interstate commerce is unconstitutional.

Accepted Answer

A) True 
 B)False

Question 15

The states may enact legislation concerning a subject in which there is a federal statute if:

Accepted Answer

A)  Congress has not clearly indicated that it intends to control that subject matter. 
B)  the states petition the Supreme Court for permission. 
C)  the state legislation falls within the Necessary and Proper Clause. 
D)  the states reserve the right at the time the federal statute is enacted. 
A)  Congress has not clearly indicated that it intends to control that subject matter. 
B)  the states petition the Supreme Court for permission. 
C)  the state legislation falls within the Necessary and Proper Clause. 
D)  the states reserve the right at the time the federal statute is enacted.

Question 16

Judicial review extends to:

Accepted Answer

A)  legislation. 
B)  acts of the executive branch. 
C)  decisions of inferior courts. 
D)  All of these. 
A)  legislation. 
B)  acts of the executive branch. 
C)  decisions of inferior courts. 
D)  All of these.

Question 17

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)  All of these. 
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)  All of these.

Question 18

The Contract Clause prevents a state from:

Accepted Answer

A)  making contracts with private individuals. 
B)  affecting any agreements between two parties. 
C)  changing contracts after they have been made. 
D)  contracting with another state. 
A)  making contracts with private individuals. 
B)  affecting any agreements between two parties. 
C)  changing contracts after they have been made. 
D)  contracting with another state.

Question 19

The federal government's authority to govern economic matters flows from the Commerce Clause.

Accepted Answer

A) True 
 B)False

Question 20

Strict scrutiny is used by the U.S.Supreme Court to carefully scrutinize:

Accepted Answer

A)  the First Amendment right of freedom of religion. 
B)  the right to engage in interstate travel. 
C)  the right to vote. 
D)  All of these are situations where strict scrutiny would be applied. 
A)  the First Amendment right of freedom of religion. 
B)  the right to engage in interstate travel. 
C)  the right to vote. 
D)  All of these are situations where strict scrutiny would be applied.

Exam 4: Constitutional Law

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

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

The framers of the Constitution considered it unnecessary to include in the original document liberties that the people were to keep for themselves.

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

Under the Due Process Clause, entitlements conferred by the government, such as social security payments, are property, which cannot be revoked without procedural due process.

A lead singer of a nationally known band:

The main purpose of The Bill of Rights was to:

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.

Under the federalist system, the states retain significant powers; however, the Supremacy Clause of the Constitution provides that within the areas of regulation that are federal in nature, federal law is supreme.

The U.S.Supreme Court held that the Due Process Clause of the Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed in another state.

A state regulation that does not conflict with a federal regulation may still be preempted by federal action.

The Supreme Court interprets the Commerce Clause:

How does the due process clause of the Fourteenth Amendment differ from the due process clause of the Fifth Amendment?

Under the Commerce Clause, any state statute that affects interstate commerce is unconstitutional.

The states may enact legislation concerning a subject in which there is a federal statute if:

Judicial review extends to:

The U.S.Supreme Court has:

The Contract Clause prevents a state from:

The federal government's authority to govern economic matters flows from the Commerce Clause.

Strict scrutiny is used by the U.S.Supreme Court to carefully scrutinize:

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

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.