Question 1

The fourth Congress approved ten amendments to the U.S. Constitution, now known as the Bill of Rights, which were adopted on December 15, 1799.

Accepted Answer

A) True 
 B)False

Question 2

The provision that private property shall not be taken for public use without just compensation is found in:

Accepted Answer

A)  the First Amendment. 
B)  the Ninth Amendment. 
C)  state constitutions. 
D)  the Eminent Domain Statute enacted by Congress. 
A)  the First Amendment. 
B)  the Ninth Amendment. 
C)  state constitutions. 
D)  the Eminent Domain Statute enacted by Congress.

Question 3

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 4

In the Brentwood Academy v. Tennessee Secondary School Athletic Association case, the U.S. Supreme Court held that:

Accepted Answer

A)  state action may be found only if there is such a close nexus between the state and the challenged action that seemingly private behavior may be fairly treated as that of the state itself. 
B)  as an express conclusion of law, public school officials do not necessarily act within the scope of their duties when they represent their institutions. 
C)  as an express conclusion of law, public school officials act within the scope of their duties when they represent their institutions. 
D)  the Association had a majority of private school memberships which prevented the action of the Association from being considered state action. 
A)  state action may be found only if there is such a close nexus between the state and the challenged action that seemingly private behavior may be fairly treated as that of the state itself. 
B)  as an express conclusion of law, public school officials do not necessarily act within the scope of their duties when they represent their institutions. 
C)  as an express conclusion of law, public school officials act within the scope of their duties when they represent their institutions. 
D)  the Association had a majority of private school memberships which prevented the action of the Association from being considered state action.

Question 5

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 6

The U.S. Constitution reserves to the states or to the people:

Accepted Answer

A)  powers also delegated to the federal government by the Constitution. 
B)  the powers the Constitution does not prohibit to the states. 
C)  police power. 
D)  employee safety matters. 
A)  powers also delegated to the federal government by the Constitution. 
B)  the powers the Constitution does not prohibit to the states. 
C)  police power. 
D)  employee safety matters.

Question 7

In a sex discrimination case under the Equal Protection Clause, the courts apply the strict scrutiny standard of review.

Accepted Answer

A) True 
 B)False

Question 8

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 9

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 10

The Brentwood Academy v. Tennessee Secondary School Athletic Association case illustrates the point that when Congress has not intended to displace all state legislation, nonconflicting state legislation is permitted.

Accepted Answer

A) True 
 B)False

Question 11

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 12

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 13

Because of the Bill of Rights, state legislation that conflicts with federal legislation will preempt the federal legislation and the courts will apply the state statute without modification.

Accepted Answer

A) True 
 B)False

Exam 4: Constitutional Law

The fourth Congress approved ten amendments to the U.S. Constitution, now known as the Bill of Rights, which were adopted on December 15, 1799.

The provision that private property shall not be taken for public use without just compensation is found in:

Judicial review:

In the Brentwood Academy v. Tennessee Secondary School Athletic Association case, the U.S. Supreme Court held that:

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

The U.S. Constitution reserves to the states or to the people:

In a sex discrimination case under the Equal Protection Clause, the courts apply the strict scrutiny standard of review.

Commercial speech:

The Brentwood Academy v. Tennessee Secondary School Athletic Association case illustrates the point that when Congress has not intended to displace all state legislation, nonconflicting state legislation is permitted.

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

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

Because of the Bill of Rights, state legislation that conflicts with federal legislation will preempt the federal legislation and the courts will apply the state statute without modification.

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

Filters