Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

Judicial review is the process by which courts review governmental action to determine whether such actions conform to the U.S.Constitution.

Accepted Answer

A) True 
 B)False

Question 3

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 4

Martinez and Lopez practice law solely within the state of Texas.The law practice:

Accepted Answer

A) may be subject to federal antitrust laws under the power granted by the Commerce Clause under certain circumstances. 
B) cannot be subject to federal antitrust laws under the power granted by the Commerce Clause because the activities are conducted within one state. 
C) is subject to federal antitrust regulation under the federal police powers. 
D) Both (b) and (c). 
A) may be subject to federal antitrust laws under the power granted by the Commerce Clause under certain circumstances. 
B) cannot be subject to federal antitrust laws under the power granted by the Commerce Clause because the activities are conducted within one state. 
C) is subject to federal antitrust regulation under the federal police powers. 
D) Both (b) and (c).

Question 5

The Bill of Rights applies directly to the states.

Accepted Answer

A) True 
 B)False

Question 6

The U.S.Supreme Court has held that the Takings Clause requires just compensation not only if a governmental taking actually occurs, but also if a governmental regulation reduces the value of the property.

Accepted Answer

A) True 
 B)False

Question 7

What constitutional principle requires that similarly situated people be treated similarly by government?

Accepted Answer

A) Free speech. 
B) Equal protection. 
C) Due process. 
D) Eminent domain. 
A) Free speech. 
B) Equal protection. 
C) Due process. 
D) Eminent domain.

Question 8

The Commerce Clause allows the federal government to invalidate state laws that burden interstate commerce.

Accepted Answer

A) True 
 B)False

Question 9

For the purposes of procedural due process, __________ includes certain entitlements conferred by government, such as social security payments and food stamps.

Accepted Answer

A) the right of free speech 
B) equal protection 
C) property 
D) liberty 
A) the right of free speech 
B) equal protection 
C) property 
D) liberty

Question 10

Action taken by private citizens may constitute state action if the state has encouraged the challenged private action.

Accepted Answer

A) True 
 B)False

Question 11

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 the above. 
A) executive. 
B) legislative 
C) judicial. 
D) All of the above.

Question 12

The intermediate equal protection test:

Accepted Answer

A) does not require governmental action to bear a substantial relationship to an important governmental objective. 
B) eliminates the strong presumption of the constitutionality of legislation that exists under the rational relationship test. 
C) does not allow taking into legislative consideration the natural physical differences of gender. 
D) requires that men and women be treated exactly the same with regard to governmental action. 
A) does not require governmental action to bear a substantial relationship to an important governmental objective. 
B) eliminates the strong presumption of the constitutionality of legislation that exists under the rational relationship test. 
C) does not allow taking into legislative consideration the natural physical differences of gender. 
D) requires that men and women be treated exactly the same with regard to governmental action.

Question 13

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

Accepted Answer

A) True 
 B)False

Question 14

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

Question 15

If Congress has not intended to displace all state legislation on a particular topic, state legislation that conflicts with the federal legislation is permitted.

Accepted Answer

A) True 
 B)False

Question 16

The Contract Clause of the Constitution applies only to the actions of state governments and not to the federal government.

Accepted Answer

A) True 
 B)False

Question 17

Eminent domain is not one of the recognized inherent powers of government.

Accepted Answer

A) True 
 B)False

Question 18

The U.S.Supreme Court is the final authority as to the constitutionality of any federal or state law.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following is correct with regard to the Bill of Rights?

Accepted Answer

A) It serves as a restriction on the powers and authority of the federal government. 
B) It does not apply directly to the states, but the Supreme Court has held that the Fourteenth Amendment makes many of its principles applicable to the states. 
C) It consists of ten amendments to the U.S.Constitution that were adopted in 1791. 
D) All of the above are correct. 
A) It serves as a restriction on the powers and authority of the federal government. 
B) It does not apply directly to the states, but the Supreme Court has held that the Fourteenth Amendment makes many of its principles applicable to the states. 
C) It consists of ten amendments to the U.S.Constitution that were adopted in 1791. 
D) All of the above are correct.

Question 20

Judicial review is another phrase for an appeal of a lower court's judgment.

Accepted Answer

A) True 
 B)False

Exam 4: Constitutional Law

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

Judicial review is the process by which courts review governmental action to determine whether such actions conform to the U.S.Constitution.

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.

Martinez and Lopez practice law solely within the state of Texas.The law practice:

The Bill of Rights applies directly to the states.

The U.S.Supreme Court has held that the Takings Clause requires just compensation not only if a governmental taking actually occurs, but also if a governmental regulation reduces the value of the property.

What constitutional principle requires that similarly situated people be treated similarly by government?

The Commerce Clause allows the federal government to invalidate state laws that burden interstate commerce.

For the purposes of procedural due process, __________ includes certain entitlements conferred by government, such as social security payments and food stamps.

Action taken by private citizens may constitute state action if the state has encouraged the challenged private action.

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

The intermediate equal protection test:

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

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.

If Congress has not intended to displace all state legislation on a particular topic, state legislation that conflicts with the federal legislation is permitted.

The Contract Clause of the Constitution applies only to the actions of state governments and not to the federal government.

Eminent domain is not one of the recognized inherent powers of government.

The U.S.Supreme Court is the final authority as to the constitutionality of any federal or state law.

Which of the following is correct with regard to the Bill of Rights?

Judicial review is another phrase for an appeal of a lower court's judgment.

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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