Question 1

The federal government's power to tax has no limitations.

Accepted Answer

A) True 
 B)False

Question 2

The Contract Clause of the Constitution prevents states from retroactively modifying public charters and private contracts.

Accepted Answer

A) True 
 B)False

Question 3

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 4

According to the U.S.Supreme Court, the "necessary and proper" clause gives Congress the authority to legislate in areas not mentioned in the list of enumerated powers if the legislation reasonably relates to an enumerated power.

Accepted Answer

A) True 
 B)False

Question 5

Under substantive due process, legislation affecting which of the following would be strictly scrutinized as affecting fundamental rights?

Accepted Answer

A) The right to receive federally guaranteed student loans. 
B) The right to marry someone from a particular ethnic background if both parties wanted to marry. 
C) The right of free speech. 
D) Both (b) and (c). 
A) The right to receive federally guaranteed student loans. 
B) The right to marry someone from a particular ethnic background if both parties wanted to marry. 
C) The right of free speech. 
D) Both (b) and (c).

Question 6

The U.S.Supreme Court uses different levels of scrutiny in First Amendment cases depending on the type of speech involved.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

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 9

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 10

In a 2007 case, the U.S.Supreme Court found that public school systems must use measures that take explicit account of the students' race when trying to achieve or maintain integration.

Accepted Answer

A) True 
 B)False

Question 11

State X passes legislation that requires that unless a mother of children under the age of 7 is found to be unfit, custody in divorce proceedings should be awarded to the mother and not the father.If this statute is challenged, the court will:

Accepted Answer

A) defer to the legislature and will not determine whether such a classification of persons is constitutionally permissible. 
B) determine that fundamental rights and suspect classification are involved in this legislation. 
C) only require that the legislation conceivably bears some rational relationship to a legitimate governmental interest. 
D) review the legislation to see if the preference to mothers bears a substantial relationship to an important governmental objective. 
A) defer to the legislature and will not determine whether such a classification of persons is constitutionally permissible. 
B) determine that fundamental rights and suspect classification are involved in this legislation. 
C) only require that the legislation conceivably bears some rational relationship to a legitimate governmental interest. 
D) review the legislation to see if the preference to mothers bears a substantial relationship to an important governmental objective.

Question 12

Which of the following is true of state action?

Accepted Answer

A) It includes any actions of the federal government, but not actions of state government. 
B) It includes any actions of the federal or state government, but not actions of local government. 
C) It includes only certain actions of state governments as set forth in the Constitution. 
D) Protections that guard against state action may be extended by statute to apply to private activity. 
A) It includes any actions of the federal government, but not actions of state government. 
B) It includes any actions of the federal or state government, but not actions of local government. 
C) It includes only certain actions of state governments as set forth in the Constitution. 
D) Protections that guard against state action may be extended by statute to apply to private activity.

Question 13

Under the Supremacy Clause of the U.S.Constitution:

Accepted Answer

A) the executive branch of government is the most powerful branch. 
B) federal law preempts state law, but only if it clearly conflicts. 
C) federal law preempts state law, not only in cases where they conflict, but also if a Congressional intent to preempt state legislation can be inferred. 
D) the states and the people have the supreme power of governance. 
A) the executive branch of government is the most powerful branch. 
B) federal law preempts state law, but only if it clearly conflicts. 
C) federal law preempts state law, not only in cases where they conflict, but also if a Congressional intent to preempt state legislation can be inferred. 
D) the states and the people have the supreme power of governance.

Question 14

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 15

Cary, a prominent local attorney, was the subject of a newspaper article concerning a trial in which he was involved as counsel.In that article, Cary was reported to have been disbarred in another state ten years previously.It is not true of Cary, but of his cousin, Frank.Cary will win a suit for defamation against the newspaper:

Accepted Answer

A) simply by proving the falsity of the statement. 
B) only if Frank was not disbarred. 
C) only if he can prove that the paper acted with actual malice. 
D) only if he can show harm to his character resulted from the statement. 
A) simply by proving the falsity of the statement. 
B) only if Frank was not disbarred. 
C) only if he can prove that the paper acted with actual malice. 
D) only if he can show harm to his character resulted from the statement.

Question 16

Which of the following is a major limitation on the federal government's power to tax?

Accepted Answer

A) Indirect taxes must be apportioned among the states. 
B) All custom duties and excise taxes must be uniform throughout the United States. 
C) Progressive tax rates are prohibited. 
D) All of the above. 
A) Indirect taxes must be apportioned among the states. 
B) All custom duties and excise taxes must be uniform throughout the United States. 
C) Progressive tax rates are prohibited. 
D) All of the above.

Question 17

A star basketball player in the NBA:

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 he can prove the media acted negligently in reporting an untruth about him. 
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 he can prove the media acted negligently in reporting an untruth about him. 
D) is not subject to the "actual malice" test in defamation actions against the press.

Question 18

The federal government has no restrictions under the Constitution on its power to impair contracts since the Contract Clause restricts only actions of the states.

Accepted Answer

A) True 
 B)False

Question 19

In equal protection cases involving economic regulation, the courts use the rational relationship test.

Accepted Answer

A) True 
 B)False

Question 20

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

Exam 4: Constitutional Law

The federal government's power to tax has no limitations.

The Contract Clause of the Constitution prevents states from retroactively modifying public charters and private contracts.

According to the U.S.Supreme Court, the "necessary and proper" clause gives Congress the authority to legislate in areas not mentioned in the list of enumerated powers if the legislation reasonably relates to an enumerated power.

Under substantive due process, legislation affecting which of the following would be strictly scrutinized as affecting fundamental rights?

The U.S.Supreme Court uses different levels of scrutiny in First Amendment cases depending on the type of speech involved.

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

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.

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

In a 2007 case, the U.S.Supreme Court found that public school systems must use measures that take explicit account of the students' race when trying to achieve or maintain integration.

State X passes legislation that requires that unless a mother of children under the age of 7 is found to be unfit, custody in divorce proceedings should be awarded to the mother and not the father.If this statute is challenged, the court will:

Which of the following is true of state action?

Under the Supremacy Clause of the U.S.Constitution:

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.

Which of the following is a major limitation on the federal government's power to tax?

A star basketball player in the NBA:

The federal government has no restrictions under the Constitution on its power to impair contracts since the Contract Clause restricts only actions of the states.

In equal protection cases involving economic regulation, the courts use the rational relationship test.

In a sex discrimination case, under the equal protection clause the courts apply the strict scrutiny standard of review.

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

Filters