Question 1

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 2

The Wyeth v.Levine 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 3

"Commercial speech" includes:

Accepted Answer

A) expressions related to the economic interests of the speaker and her audience. 
B) speech proposing commercial transactions. 
C) advertisements for a service. 
D) All of the above. 
A) expressions related to the economic interests of the speaker and her audience. 
B) speech proposing commercial transactions. 
C) advertisements for a service. 
D) All of the above.

Question 4

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. 
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. 
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 5

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 6

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

Accepted Answer

A) True 
 B)False

Question 7

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 8

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 the above. 
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 the above.

Question 9

A state constitutional provision conflicts with a federal statute.Under the Supremacy Clause the:

Accepted Answer

A) federal statute is supreme. 
B) state constitutional provision is supreme. 
C) federal statute is supreme if Congress has expressly so provided. 
D) state constitutional provision is supreme if it expressly so states. 
A) federal statute is supreme. 
B) state constitutional provision is supreme. 
C) federal statute is supreme if Congress has expressly so provided. 
D) state constitutional provision is supreme if it expressly so states.

Question 10

Which of the following is included within the term "property" for purposes of procedural due process?

Accepted Answer

A) Real property. 
B) Social security payments. 
C) Food stamps. 
D) All of the above. 
A) Real property. 
B) Social security payments. 
C) Food stamps. 
D) All of the above.

Question 11

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 12

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 13

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 14

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 15

Judicial review extends to:

Accepted Answer

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

Question 16

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) New York Times v.Sullivan. 
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) New York Times v.Sullivan. 
D) Brown v.Board of Education of Topeka.

Question 17

The U.S.Constitution provides that Congress has the power to regulate commerce with other nations and among the states.The Commerce Clause has what effect(s)?

Accepted Answer

A) It provides a broad source of power for the federal government to regulate the economy. 
B) It restricts state regulations that obstruct or unduly burden interstate commerce. 
C) Both (a) and (b). 
D) Neither (a) nor (b). 
A) It provides a broad source of power for the federal government to regulate the economy. 
B) It restricts state regulations that obstruct or unduly burden interstate commerce. 
C) Both (a) and (b). 
D) Neither (a) nor (b).

Question 18

The constitutional protection extended to commercial speech is based on the informational function of advertising.

Accepted Answer

A) True 
 B)False

Question 19

Most of the protections provided by the U.S.Constitution and its amendments apply only to governmental action, which is referred to as:

Accepted Answer

A) due process. 
B) state action. 
C) equal protection. 
D) separation of power. 
A) due process. 
B) state action. 
C) equal protection. 
D) separation of power.

Question 20

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.

Exam 4: Constitutional Law

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

The Wyeth v.Levine case illustrates the point that when Congress has not intended to displace all state legislation, nonconflicting state legislation is permitted.

"Commercial speech" includes:

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

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

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

The U.S.Supreme Court has:

A state constitutional provision conflicts with a federal statute.Under the Supremacy Clause the:

Which of the following is included within the term "property" for purposes of procedural due process?

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

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.

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.

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

Judicial review extends to:

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

The U.S.Constitution provides that Congress has the power to regulate commerce with other nations and among the states.The Commerce Clause has what effect(s)?

The constitutional protection extended to commercial speech is based on the informational function of advertising.

Most of the protections provided by the U.S.Constitution and its amendments apply only to governmental action, which is referred to as:

The main purpose of the Bill of Rights was to:

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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