Question 1

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 these. 
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 these. B

Question 2

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. B

Question 3

The U.S. Constitution provides that Congress has the power to regulate commerce with other nations and among the states. The Commerce Clause has what effect(s)?

Accepted Answer

A)  It provides a broad source of power for the federal government to regulate the economy. 
B)  It restricts state regulations that obstruct or unduly burden interstate commerce. 
C)  Both of these. 
D)  Neither of these. 
A)  It provides a broad source of power for the federal government to regulate the economy. 
B)  It restricts state regulations that obstruct or unduly burden interstate commerce. 
C)  Both of these. 
D)  Neither of these. C

Question 4

A state constitutional provision conflicts with a federal statute. The:

Accepted Answer

A)  federal statute is supreme. 
B)  state constitutional provision is supreme. 
C)  federal statute is supreme if Congress has expressly so provided. 
D)  state constitutional provision is supreme if it expressly so states. 
A)  federal statute is supreme. 
B)  state constitutional provision is supreme. 
C)  federal statute is supreme if Congress has expressly so provided. 
D)  state constitutional provision is supreme if it expressly so states.

Question 5

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

Question 6

The doctrine aimed at preventing any branch of government from gaining too much power is:

Accepted Answer

A)  judicial review. 
B)  federalism. 
C)  separation of powers. 
D)  preemption. 
A)  judicial review. 
B)  federalism. 
C)  separation of powers. 
D)  preemption.

Question 7

Most of the protections provided by the U.S. Constitution and its amendments apply only to governmental action, which is referred to as:

Accepted Answer

A)  due process. 
B)  state action. 
C)  equal protection. 
D)  separation of power. 
A)  due process. 
B)  state action. 
C)  equal protection. 
D)  separation of power.

Question 8

The Bill of Rights restricts the power and authority of the federal government.

Accepted Answer

A) True 
 B)False

Question 9

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 10

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.

Question 11

The states may enact legislation concerning a subject in which there is a federal statute if:

Accepted Answer

A)  Congress has not clearly indicated that it intends to control that subject matter. 
B)  the states petition the Supreme Court for permission. 
C)  the state legislation falls within the Necessary and Proper Clause. 
D)  the states reserve the right at the time the federal statute is enacted. 
A)  Congress has not clearly indicated that it intends to control that subject matter. 
B)  the states petition the Supreme Court for permission. 
C)  the state legislation falls within the Necessary and Proper Clause. 
D)  the states reserve the right at the time the federal statute is enacted.

Question 12

Judicial review extends to:

Accepted Answer

A)  legislation. 
B)  acts of the executive branch. 
C)  decisions of inferior courts. 
D)  All of these. 
A)  legislation. 
B)  acts of the executive branch. 
C)  decisions of inferior courts. 
D)  All of these.

Question 13

Identify the purpose of the U.S. Constitution as stated in its preamble.

Accepted Answer

The preamble of the Constitution states:

Question 14

The Commerce Clause in combination with the __________ limits the power of the states to tax.

Accepted Answer

A)  Fifth and Fourteenth Amendments 
B)  Equal Protection Clause of the Fourteenth Amendment 
C)  Takings Clause 
D)  Import-Export Clause 
A)  Fifth and Fourteenth Amendments 
B)  Equal Protection Clause of the Fourteenth Amendment 
C)  Takings Clause 
D)  Import-Export Clause

Question 15

Like the federal government's power to tax, its power to spend will be upheld so long as it does not:

Accepted Answer

A)  violate a specific constitutional limitation on federal power. 
B)  restrict the states' constitutional limitations. 
C)  cause undue hardship to the states. 
D)  interfere with commercial trade. 
A)  violate a specific constitutional limitation on federal power. 
B)  restrict the states' constitutional limitations. 
C)  cause undue hardship to the states. 
D)  interfere with commercial trade.

Question 16

The First Amendment allows free speech in any and all circumstances.

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

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 19

The intermediate equal protection test:

Accepted Answer

A)  does not require governmental classification to bear a substantial relationship to an important governmental objective. 
B)  eliminates the strong presumption of constitutionality 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 classification to bear a substantial relationship to an important governmental objective. 
B)  eliminates the strong presumption of constitutionality 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 20

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

Accepted Answer

A)  corporate political speech. 
B)  defamation. 
C)  commercial speech. 
D)  all of these. 
A)  corporate political speech. 
B)  defamation. 
C)  commercial speech. 
D)  all of these.

Exam 4: Constitutional Law

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

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

The U.S. Constitution provides that Congress has the power to regulate commerce with other nations and among the states. The Commerce Clause has what effect(s)?

A state constitutional provision conflicts with a federal statute. The:

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 doctrine aimed at preventing any branch of government from gaining too much power is:

Most of the protections provided by the U.S. Constitution and its amendments apply only to governmental action, which is referred to as:

The Bill of Rights restricts the power and authority of the federal government.

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:

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

The states may enact legislation concerning a subject in which there is a federal statute if:

Judicial review extends to:

Identify the purpose of the U.S. Constitution as stated in its preamble.

The Commerce Clause in combination with the __________ limits the power of the states to tax.

Like the federal government's power to tax, its power to spend will be upheld so long as it does not:

The First Amendment allows free speech in any and all circumstances.

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

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.

The intermediate equal protection test:

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

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

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