Question 1

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. C

Question 2

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 to economic legislation and requires only that the classification bear some rational relationship to a legitimate governmental interest furthered by the classification. Under this standard, there is a strong presumption that the action is constitutional. The strict scrutiny test is much more exacting. It requires that the legislature's classification be necessary to promote a compelling governmental interest. The strict scrutiny test is applied to cases involving suspect classifications made on the basis of race or national origin or to cases affecting fundamental rights. The intermediate test is more rigorous than the rational relationship test but less demanding than the strict scrutiny test. It is applied in cases involving government action that makes classifications based on gender and legitimacy and requires that the classification have a substantial relationship to an important governmental objective.

Question 3

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? Explain.

Accepted Answer

The concept of federalism means that the governing power is divided between the federal government and the states. Clearly, Hawaii has some power to tax businesses so long as there is sufficient nexus between the state and the activity being taxed. However, this particular piece of legislation is likely to be found to be unconstitutional, because it unduly interferes with commerce among the states and with foreign countries. The U.S. Constitution grants exclusive power to the federal government to regulate commerce with foreign countries and among the states. This provision is a broad source of power for the federal government and also a restriction on state regulations that obstruct or unduly burden interstate commerce. This regulation unduly burdens interstate commerce. There may also be an issue of federal supremacy and preemption here, as the federal government has preempted the field of aviation regulation.

Question 4

Defamation is a form of speech wholly outside the protection of the First Amendment.

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

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)  as granting Congress the power to take property under eminent domain. 
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)  as granting Congress the power to take property under eminent domain.

Question 8

Briefly discuss the Contract Clause of the U.S. Constitution.

Accepted Answer

Article I, Section 10 of the Constitutio

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

For the purposes of procedural due process, social security payments and food stamps.

Accepted Answer

A)  the right of free speech 
B)  equal protection 
C)  property d. liberty
Includes certain entitlements conferred by government, such as 
A)  the right of free speech 
B)  equal protection 
C)  property d. liberty
Includes certain entitlements conferred by government, such as

Question 11

The U.S. Constitution vests power in the branches of government that form a "check and balance" system. Those branches of government are:

Accepted Answer

A)  executive, administrative, legislative 
B)  legislative, administrative, judicial 
C)  judicial, legislative, executive 
D)  administrative, executive, judicial 
A)  executive, administrative, legislative 
B)  legislative, administrative, judicial 
C)  judicial, legislative, executive 
D)  administrative, executive, judicial

Question 12

John is a Haitian who has obtained U.S. citizenship. State X passes a law that all Haitian-born citizens must submit to AIDS testing. The courts will review this law based on:

Accepted Answer

A)  deference to the legislature as to whether such a classification of persons is constitutionally permissible. 
B)  whether there is clear and convincing evidence that there is no reasonable basis for the legislation. 
C)  the rational relationship test. 
D)  the strict scrutiny test. 
A)  deference to the legislature as to whether such a classification of persons is constitutionally permissible. 
B)  whether there is clear and convincing evidence that there is no reasonable basis for the legislation. 
C)  the rational relationship test. 
D)  the strict scrutiny test.

Question 13

The First Amendment guarantee of free speech applies not only to individuals but also to corporations.

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

Substantive due process addresses the fairness of the process by which a legal rule is applied.

Accepted Answer

A) True 
 B)False

Question 16

The Supreme Court has held that, under the Due Process Clause, a driver's license is property which cannot be revoked without procedural due process.

Accepted Answer

A) True 
 B)False

Question 17

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 18

Powers given exclusively to the federal government under the U.S. Constitution include the power to establish laws governing bankruptcy and to coin money.

Accepted Answer

A) True 
 B)False

Question 19

55. The case declared the authority of courts to examine governmental actions to determine whether they conform
To the U.S. Constitution.

Accepted Answer

A)  Abrams v. United States 
B)  Marsh v. Alabama 
C)  Marbury v. Madison 
D)  McCulloch v. Maryland 
A)  Abrams v. United States 
B)  Marsh v. Alabama 
C)  Marbury v. Madison 
D)  McCulloch v. Maryland

Question 20

Which of the following would NOT be included in the powers of the federal government?

Accepted Answer

A)  Power to tax a product produced and consumed exclusively in Alaska. 
B)  Power to grant government contracts to minority corporations. 
C)  Power to condemn a building to make way for an interstate highway. 
D)  Power to tax only incomes above $6,000. 
A)  Power to tax a product produced and consumed exclusively in Alaska. 
B)  Power to grant government contracts to minority corporations. 
C)  Power to condemn a building to make way for an interstate highway. 
D)  Power to tax only incomes above $6,000.

Exam 4: Constitutional Law

The main purpose of the Bill of Rights was to:

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?

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? Explain.

Defamation is a form of speech wholly outside the protection of the First Amendment.

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

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

The Supreme Court interprets the Commerce Clause:

Briefly discuss the Contract Clause of the U.S. Constitution.

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

For the purposes of procedural due process, social security payments and food stamps.

The U.S. Constitution vests power in the branches of government that form a "check and balance" system. Those branches of government are:

John is a Haitian who has obtained U.S. citizenship. State X passes a law that all Haitian-born citizens must submit to AIDS testing. The courts will review this law based on:

The First Amendment guarantee of free speech applies not only to individuals but also to corporations.

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

Substantive due process addresses the fairness of the process by which a legal rule is applied.

The Supreme Court has held that, under the Due Process Clause, a driver's license is property which cannot be revoked without procedural due process.

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

Powers given exclusively to the federal government under the U.S. Constitution include the power to establish laws governing bankruptcy and to coin money.

55. The case declared the authority of courts to examine governmental actions to determine whether they conform To the U.S. Constitution.

Which of the following would NOT be included in the powers of the federal government?

Introduction to Law

Business Ethics and the Social Responsibility of Business

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

Relationship of Principal and Agent

Relationship With Third Parties

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Products Liability: Warranties and Strict Liability in Tort

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature, Formation, and Powers

Financial Structure

Management Structure

Fundamental Changes

Secured Transactions and Suretyship

Bankruptcy

Protection of Intellectual Property

Antitrust

Consumer Protection

Employment Law

Securities Regulation

Accountants Legal Liability

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 Decedents Estates

the Legal Environment of Business

Contracts

Agency

Sales

Negotiable Instruments

Unincorporated Business Associations

Corporations

Debtor and Creditor Relations

Regulation of Business

Property

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