Question 1

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

Accepted Answer

A) True 
 B)False  False

Question 2

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  False

Question 3

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) Parents Involved in Community Schools v. Seattle School District No. 1. 
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) Parents Involved in Community Schools v. Seattle School District No. 1. 
D) Brown v. Board of Education of Topeka. D

Question 4

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 5

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

Accepted Answer

A) True 
 B)False

Question 6

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 Alabama's highest 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 7

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

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

The State of Hawaii enacts a piece of legislation that taxes all airplanes that land in the state.Several airlines challenge the legislation as unconstitutional.What is the likely result of the court case?

Accepted Answer

The concept of federalism means that the

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

The U.S.Constitution was adopted in 1791 by representatives of the thirteen newly created states.

Accepted Answer

A) True 
 B)False

Question 12

If private entities engage in public functions,constitutional guarantees such as free speech and due process may apply to their actions under the __________ doctrine.

Accepted Answer

A) state action 
B) federal preemption 
C) interstate commerce 
D) supremacy 
A) state action 
B) federal preemption 
C) interstate commerce 
D) supremacy

Question 13

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 14

Dr.David Doright is a professor at Towers State University.One day he has an argument with the president of the University over which team should win the next Super Bowl.The next day,Dr.Doright is fired for incompetence.He sues,claiming the firing is arbitrary and that he was denied an opportunity to respond to the charges.In this case:

Accepted Answer

A) Dr. Doright has no right to a hearing because this is not a criminal case. 
B) Dr. Doright appears to have been denied the equal protection of the law. 
C) the firing by a state university is state action involving a property right that would entitle Dr. Doright to a hearing and an opportunity to respond to the allegations against him. 
D) the U.S. Constitution does not apply. 
A) Dr. Doright has no right to a hearing because this is not a criminal case. 
B) Dr. Doright appears to have been denied the equal protection of the law. 
C) the firing by a state university is state action involving a property right that would entitle Dr. Doright to a hearing and an opportunity to respond to the allegations against him. 
D) the U.S. Constitution does not apply.

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

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 17

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 18

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 the above. 
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 the above.

Question 19

The __________ and __________ Amendments respectively prohibit the federal and state governments from depriving any person of life,liberty,or property without due process of law.

Accepted Answer

A) First and Tenth 
B) Fifth and Fourteenth 
C) Fourth and Fourteenth 
D) Fourteenth and Fifth 
A) First and Tenth 
B) Fifth and Fourteenth 
C) Fourth and Fourteenth 
D) Fourteenth and Fifth

Question 20

The __________ case involved the issue of the validity of a government restriction on commercial speech under the First Amendment.

Accepted Answer

A) Williamson v. Mazda Motor of America, Inc. 
B) Thompson v. Western States Medical Center 
C) First National Bank v. Bellotti 
D) Austin v. Michigan Chamber of Commerce 
A) Williamson v. Mazda Motor of America, Inc. 
B) Thompson v. Western States Medical Center 
C) First National Bank v. Bellotti 
D) Austin v. Michigan Chamber of Commerce

Exam 4: Constitutional Law

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

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.

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

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.

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

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

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

The State of Hawaii enacts a piece of legislation that taxes all airplanes that land in the state.Several airlines challenge the legislation as unconstitutional.What is the likely result of the court case?

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

The U.S.Constitution was adopted in 1791 by representatives of the thirteen newly created states.

If private entities engage in public functions,constitutional guarantees such as free speech and due process may apply to their actions under the __________ doctrine.

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.

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

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.

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.

Commercial speech:

The __________ and __________ Amendments respectively prohibit the federal and state governments from depriving any person of life,liberty,or property without due process of law.

The __________ case involved the issue of the validity of a government restriction on commercial speech under the First Amendment.

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

The and Amendments respectively prohibit the federal and state governments from depriving any person of life,liberty,or property without due process of law.