Question 1

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 2

In determining whether a state law unduly burdens interstate commerce,the Court considers:

Accepted Answer

A) the extent to which the law discriminates against interstate commerce in favor of local concerns. 
B) only the blanket consideration of whether Congress has already legislated in the affected subject area. 
C) whether the Constitution specifically allows states to regulate that subject matter. 
D) only the necessity of the law to the proper functioning of the state. 
A) the extent to which the law discriminates against interstate commerce in favor of local concerns. 
B) only the blanket consideration of whether Congress has already legislated in the affected subject area. 
C) whether the Constitution specifically allows states to regulate that subject matter. 
D) only the necessity of the law to the proper functioning of the state.

Question 3

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 4

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 5

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 6

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 7

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 8

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 9

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 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

Classifications based on age and sex are examples of "suspect classifications" in the context of the Equal Protection Clause of the Constitution.

Accepted Answer

A) True 
 B)False

Question 12

All but which of the following is an exclusive federal power?

Accepted Answer

A) The power to establish laws regarding bankruptcy. 
B) The power to grant copyrights. 
C) The power to enter into treaties. 
D) Police power. 
A) The power to establish laws regarding bankruptcy. 
B) The power to grant copyrights. 
C) The power to enter into treaties. 
D) Police power.

Question 13

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 14

The principle of __________ concerns the compatibility of a law or governmental action with fundamental constitutional rights such as free speech.

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 15

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 16

Procedural due process pertains to governmental decisions depriving a person of all the following except:

Accepted Answer

A) life. 
B) equal protection. 
C) liberty. 
D) property. 
A) life. 
B) equal protection. 
C) liberty. 
D) property.

Question 17

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 18

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.

Question 19

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 20

The U.S.Constitution reserves to the states or to the people:

Accepted Answer

A) powers also delegated to the federal government by the Constitution. 
B) the powers the Constitution does not prohibit to the states. 
C) police power. 
D) employee safety matters. 
A) powers also delegated to the federal government by the Constitution. 
B) the powers the Constitution does not prohibit to the states. 
C) police power. 
D) employee safety matters.

Exam 4: Constitutional Law

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

In determining whether a state law unduly burdens interstate commerce,the Court considers:

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:

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

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

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

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

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

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

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

Classifications based on age and sex are examples of "suspect classifications" in the context of the Equal Protection Clause of the Constitution.

All but which of the following is an exclusive federal power?

The Supreme Court interprets the Commerce Clause:

The principle of __________ concerns the compatibility of a law or governmental action with fundamental constitutional rights such as free speech.

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

Procedural due process pertains to governmental decisions depriving a person of all the following except:

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

The main purpose of The Bill of Rights was to:

Which of the following is true of state action?

The U.S.Constitution reserves to the states or to the people:

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

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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

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International Business Law

Introduction to Property, property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

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