Question 1

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

Question 2

Generally, the executive branch of government has the power to enforce the law.

Accepted Answer

A) True 
 B)False  True

Question 3

The First Amendment allows free speech in any and all circumstances.

Accepted Answer

A) True 
 B)False  False

Question 4

The Commerce Clause in combination with the __________ limits the power of the state to tax.

Accepted Answer

A) Fifth and Fourteenth Amendments 
B) Fourteenth Amendment 
C) separation of powers 
D) Import-Export Clause 
A) Fifth and Fourteenth Amendments 
B) Fourteenth Amendment 
C) separation of powers 
D) Import-Export Clause

Question 5

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 6

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

Accepted Answer

A) True 
 B)False

Question 7

John is a white 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 8

Most forms of speech are protected by the strict or exacting scrutiny standard.

Accepted Answer

A) True 
 B)False

Question 9

The State of Alabama passes a statute which requires that male heirs be preferred over female heirs in selecting an executor of an estate.Laura, 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 United States Supreme 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 10

The First Amendment's guarantee of free speech applies to:

Accepted Answer

A) corporate political speech. 
B) obscenity. 
C) commercial speech. 
D) defamation. 
E) (a), (c), and (d) are correct. 
A) corporate political speech. 
B) obscenity. 
C) commercial speech. 
D) defamation. 
E) (a), (c), and (d) are correct.

Question 11

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) the Association is an organization of natural persons acting on their own. 
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) the Association is an organization of natural persons acting on their own. 
D) the Association had a majority of private school memberships which prevented the action of the Association from being considered state action.

Question 12

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 13

The federal government's power to tax is subject to three major limitations.

Accepted Answer

A) True 
 B)False

Question 14

The U.S.Supreme Court can invalidate a law if it conflicts with the U.S.Constitution.

Accepted Answer

A) True 
 B)False

Question 15

A constitution is the fundamental law of a particular level of government, establishing the structure of government and defining the political relationships within it.

Accepted Answer

A) True 
 B)False

Question 16

The principle of __________ concerns a court's determination of the compatibility of a law or governmental action with individual liberties.

Accepted Answer

A) procedural due process 
B) substantive due process 
C) the rational relationship test 
D) equal protection 
A) procedural due process 
B) substantive due process 
C) the rational relationship test 
D) equal protection

Question 17

"Actual malice" in defamation cases against the press requires a showing that a reporter intentionally lied or recklessly disregarded the truth.

Accepted Answer

A) True 
 B)False

Question 18

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 19

Both the Fifth and Fourteenth Amendments contain due process clauses.

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 4: Constitutional Law

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

Generally, the executive branch of government has the power to enforce the law.

The First Amendment allows free speech in any and all circumstances.

The Commerce Clause in combination with the __________ limits the power of the state to tax.

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

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

John is a white 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:

Most forms of speech are protected by the strict or exacting scrutiny standard.

The First Amendment's guarantee of free speech applies to:

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

The Contract Clause prevents a state from:

The federal government's power to tax is subject to three major limitations.

The U.S.Supreme Court can invalidate a law if it conflicts with the U.S.Constitution.

A constitution is the fundamental law of a particular level of government, establishing the structure of government and defining the political relationships within it.

The principle of __________ concerns a court's determination of the compatibility of a law or governmental action with individual liberties.

"Actual malice" in defamation cases against the press requires a showing that a reporter intentionally lied or recklessly disregarded the truth.

The Supreme Court interprets the Commerce Clause:

Both the Fifth and Fourteenth Amendments contain due process clauses.

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

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

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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