Question 1

Under the Equal Protection Clause,all governmental action that treats two classes of citizens differently will be invalid.

Accepted Answer

A) True 
 B)False

Question 2

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 3

Commercial speech is expression related to the economic interests of the speaker and his audience.

Accepted Answer

A) True 
 B)False

Question 4

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 5

There is no state action where a court orders enforcement of a private agreement among property owners since the property owners were private individuals.

Accepted Answer

A) True 
 B)False

Question 6

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 7

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 8

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

Accepted Answer

A) True 
 B)False

Question 9

Briefly discuss the Contract Clause of the Constitution.

Accepted Answer

Article I,Section 10 of the Constitution

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

The Bill of Rights:

Accepted Answer

A) serves as a major restriction on the powers and authority of the federal government. 
B) 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) consists of ten amendments to the U.S. Constitution that were adopted in 1791. 
D) All of the above are correct. 
A) serves as a major restriction on the powers and authority of the federal government. 
B) 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) consists of ten amendments to the U.S. Constitution that were adopted in 1791. 
D) All of the above are correct.

Question 13

The provision that private property shall not be taken for public use without just compensation is found in:

Accepted Answer

A) the First Amendment. 
B) the Ninth Amendment. 
C) state constitutions. 
D) the Eminent Domain Statute enacted by Congress. 
A) the First Amendment. 
B) the Ninth Amendment. 
C) state constitutions. 
D) the Eminent Domain Statute enacted by Congress.

Question 14

In the Brentwood Academy v.Tennessee Secondary School Athletic Association case,the U.S.Supreme Court held that:

Accepted Answer

A) state action may be found only if there is such a close nexus between the state and the challenged action that seemingly private behavior may be fairly treated as that of the state itself. 
B) as an express conclusion of law, public school officials do not necessarily act within the scope of their duties when they represent their institutions. 
C) as an express conclusion of law, public school officials act within the scope of their duties when they represent their institutions. 
D) the Association had a majority of private school memberships which prevented the action of the Association from being considered state action. 
A) state action may be found only if there is such a close nexus between the state and the challenged action that seemingly private behavior may be fairly treated as that of the state itself. 
B) as an express conclusion of law, public school officials do not necessarily act within the scope of their duties when they represent their institutions. 
C) as an express conclusion of law, public school officials act within the scope of their duties when they represent their institutions. 
D) the Association had a majority of private school memberships which prevented the action of the Association from being considered state action.

Question 15

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 16

What rights are protected by the First Amendment? What sorts of speech are constitutionally protected?

Accepted Answer

The First Amendment prohibits Congress f

Question 17

Judicial review:

Accepted Answer

A) scrutinizes actions of federal, but not state, governments. 
B) is a check by the judicial branch on legislative action. 
C) is a check by the judicial branch on executive action. 
D) Both (b) and (c) are correct. 
A) scrutinizes actions of federal, but not state, governments. 
B) is a check by the judicial branch on legislative action. 
C) is a check by the judicial branch on executive action. 
D) Both (b) and (c) are correct.

Question 18

Strict scrutiny is used by the U.S.Supreme Court to carefully scrutinize:

Accepted Answer

A) the First Amendment right of freedom of religion. 
B) the right to engage in interstate travel. 
C) the right to vote. 
D) All of the above are situations where strict scrutiny would be applied. 
A) the First Amendment right of freedom of religion. 
B) the right to engage in interstate travel. 
C) the right to vote. 
D) All of the above are situations where strict scrutiny would be applied.

Question 19

According to the __________ Amendment,"the powers not delegated to the United States by the Constitution,nor prohibited by it to the States,are reserved to the States respectively,or to the people."

Accepted Answer

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

Question 20

Three different tests are used by the Supreme Court as standards in reviewing cases which raise issues of equal protection.What are the three tests? When is each applied? In your opinion,why have different tests been developed?

Accepted Answer

The rational relationship test applies t

Exam 4: Constitutional Law

Under the Equal Protection Clause,all governmental action that treats two classes of citizens differently will be invalid.

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

Commercial speech is expression related to the economic interests of the speaker and his audience.

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.

There is no state action where a court orders enforcement of a private agreement among property owners since the property owners were private individuals.

A star basketball player in the NBA:

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

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

Briefly discuss the Contract Clause of the Constitution.

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

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

The Bill of Rights:

The provision that private property shall not be taken for public use without just compensation is found in:

In the Brentwood Academy v.Tennessee Secondary School Athletic Association case,the U.S.Supreme Court held that:

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 rights are protected by the First Amendment? What sorts of speech are constitutionally protected?

Judicial review:

Strict scrutiny is used by the U.S.Supreme Court to carefully scrutinize:

According to the __________ Amendment,"the powers not delegated to the United States by the Constitution,nor prohibited by it to the States,are reserved to the States respectively,or to the people."

Three different tests are used by the Supreme Court as standards in reviewing cases which raise issues of equal protection.What are the three tests? When is each applied? In your opinion,why have different tests been developed?

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