Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

Only the __________ Amendment to the Constitution, which abolishes slavery or involuntary servitude, applies to the actions of private individuals.

Accepted Answer

A)  First 
B)  Ninth 
C)  Thirteenth 
D)  Fourteenth 
A)  First 
B)  Ninth 
C)  Thirteenth 
D)  Fourteenth

Question 3

The U.S. Constitution vests power in the branches of government that form a "checks and balances" system. Those branches of government include:

Accepted Answer

A)  executive. 
B)  legislative 
C)  judicial. 
D)  All of these. 
A)  executive. 
B)  legislative 
C)  judicial. 
D)  All of these.

Question 4

The term "eminent domain" refers to a governmental taking of private property for public use.

Accepted Answer

A) True 
 B)False

Question 5

Procedural due process would require the government to establish a set of fair procedures in all but which of the following cases?

Accepted Answer

A)  Where Social Security benefits are denied. 
B)  Where a juvenile criminal is sent to a detention home. 
C)  Where a professor is fired from his tenured position. 
D)  Where a college student is denied a private scholarship. 
A)  Where Social Security benefits are denied. 
B)  Where a juvenile criminal is sent to a detention home. 
C)  Where a professor is fired from his tenured position. 
D)  Where a college student is denied a private scholarship.

Question 6

In relation to the Takings Clause, public use has been held to be synonymous with public purpose.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is correct with regard to the powers of government in the United States?

Accepted Answer

A)  The federal government is a government of enumerated powers. 
B)  The federal government is all-powerful except in cases of state criminal law. 
C)  Legislation enacted by Congress does not need to be based on a specific power granted to the federal government by the Constitution. 
D)  Congress may not enact legislation that affects the states. 
A)  The federal government is a government of enumerated powers. 
B)  The federal government is all-powerful except in cases of state criminal law. 
C)  Legislation enacted by Congress does not need to be based on a specific power granted to the federal government by the Constitution. 
D)  Congress may not enact legislation that affects the states.

Question 8

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 9

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 10

The power of the state to tax is limited by:

Accepted Answer

A)  the Commerce Clause. 
B)  the Import-Export Clause. 
C)  the Due Process Clause of the Fourteenth Amendment. 
D)  All of these. 
A)  the Commerce Clause. 
B)  the Import-Export Clause. 
C)  the Due Process Clause of the Fourteenth Amendment. 
D)  All of these.

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

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.

Question 13

John is a Haitian who has obtained U.S. citizenship. State X 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 14

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 15

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 16

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

Accepted Answer

A) True 
 B)False

Question 17

The __________ case involved the issue of the validity of a government restriction on commercial speech under the First Amendment.

Accepted Answer

A)  Williamson v. Mazda Motor of America, Inc. 
B)  Thompson v. Western States Medical Center 
C)  First National Bank v. Bellotti 
D)  Austin v. Michigan Chamber of Commerce 
A)  Williamson v. Mazda Motor of America, Inc. 
B)  Thompson v. Western States Medical Center 
C)  First National Bank v. Bellotti 
D)  Austin v. Michigan Chamber of Commerce

Question 18

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)  All of these. 
E)  None of these. 
A)  Commercial speech. 
B)  Civil rights in employment. 
C)  Shoplifting. 
D)  All of these. 
E)  None of these.

Question 19

The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has restricted the powers of the federal government to regulate business.

Accepted Answer

A) True 
 B)False

Question 20

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

Exam 4: Constitutional Law

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

Only the __________ Amendment to the Constitution, which abolishes slavery or involuntary servitude, applies to the actions of private individuals.

The U.S. Constitution vests power in the branches of government that form a "checks and balances" system. Those branches of government include:

The term "eminent domain" refers to a governmental taking of private property for public use.

Procedural due process would require the government to establish a set of fair procedures in all but which of the following cases?

In relation to the Takings Clause, public use has been held to be synonymous with public purpose.

Which of the following is correct with regard to the powers of government in the United States?

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

The power of the state to tax is limited by:

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

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

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

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

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.

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

The __________ case involved the issue of the validity of a government restriction on commercial speech under the First Amendment.

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

The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has restricted the powers of the federal government to regulate business.

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.

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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