Question 1

The legal authority of a court to decide a specific case is

Accepted Answer

A)  Judicial review 
B)  Preemption 
C)  Jurisdiction 
D)  Substantive 
A)  Judicial review 
B)  Preemption 
C)  Jurisdiction 
D)  Substantive

Question 2

Explain the two theories of constitutional interpretation, Originalism and Living Constitution. Which theory do you agree with most? Explain your reasoning.

Accepted Answer

Students answers will vary but each answ

Question 3

The first step of amending the Constitution is to have the general citizens of the United States vote in a popular vote.

Accepted Answer

A) True 
 B)False

Question 4

Which theory of constitutional interpretation would allow space exploration and aviation to be a function of the federal government because the Constitution specifically delegates the right to create and army and navy to the federal government?

Accepted Answer

A)  Original intent 
B)  Original theory 
C)  Living Constitution 
D)  Adaptable Constitution 
A)  Original intent 
B)  Original theory 
C)  Living Constitution 
D)  Adaptable Constitution

Question 5

The U.S. Constitution has been amended annually to reflect the current societal trends.

Accepted Answer

A) True 
 B)False

Question 6

According to the Commerce Clause the federal government has the power to regulate

Accepted Answer

A)  All commerce 
B)  Interstate commerce 
C)  Intrastate commerce 
D)  Federal commerce 
A)  All commerce 
B)  Interstate commerce 
C)  Intrastate commerce 
D)  Federal commerce

Question 7

The police were issued a search warrant to find a full-size tractor that was stolen. In executing the search warrant, the police find crack cocaine in the person's nightstand drawer. Will the police be able to use the crack cocaine as evidence?

Accepted Answer

A)  Yes because it is relevant to establish criminal history 
B)  Yes as a warrant allows the police to search the entire premises 
C)  No because warrants do not allow searches 
D)  No because they obviously exceeded the scope of the warrant 
A)  Yes because it is relevant to establish criminal history 
B)  Yes as a warrant allows the police to search the entire premises 
C)  No because warrants do not allow searches 
D)  No because they obviously exceeded the scope of the warrant

Question 8

The process by which two-thirds of the legislatures of the states make a proposal to amend the Constitution is called

Accepted Answer

A)  Articles of Confederation 
B)  Constitution Convention 
C)  Ratification Convention 
D)  Substantive Due Process 
A)  Articles of Confederation 
B)  Constitution Convention 
C)  Ratification Convention 
D)  Substantive Due Process

Question 9

In an attempt to increase the demand for Michigan made wine instead of wine produced in other states, Michigan passes a law requiring all wine imported into Michigan from other state to undergo an inspection which adds about 30% to the cost of the wine. Therefore, wine from other states is significantly more expensive than Michigan made wine. The law

Accepted Answer

A)  Is authorized because states have the right to ensure the quality of the products for its citizens. 
B)  Is authorized because Michigan has a substantial government interest in helping its citizens' businesses succeed. 
C)  Would be struck down because it is inconsistent with a fundamental right guaranteed under the Bill of Rights. 
D)  Would be struck down because the inspection fee unduly burdens interstate commerce. 
A)  Is authorized because states have the right to ensure the quality of the products for its citizens. 
B)  Is authorized because Michigan has a substantial government interest in helping its citizens' businesses succeed. 
C)  Would be struck down because it is inconsistent with a fundamental right guaranteed under the Bill of Rights. 
D)  Would be struck down because the inspection fee unduly burdens interstate commerce.

Question 10

Which document stated "ambition must be made to counteract ambition"which acknowledged that no branch of the government has a monopoly on power?

Accepted Answer

A)  The Declaration of Power 
B)  The U.S. Constitution 
C)  The Bill of Rights 
D)  The Federalist Paper No. 51 
A)  The Declaration of Power 
B)  The U.S. Constitution 
C)  The Bill of Rights 
D)  The Federalist Paper No. 51

Question 11

Another term for "the exclusionary rule" is

Accepted Answer

A)  The Fruit of the Poisonous Tree doctrine 
B)  The Birds of a Feather doctrine 
C)  The Selfish doctrine 
D)  The Strict Scrutiny doctrine 
A)  The Fruit of the Poisonous Tree doctrine 
B)  The Birds of a Feather doctrine 
C)  The Selfish doctrine 
D)  The Strict Scrutiny doctrine

Question 12

Does due process protections apply to corporation?

Accepted Answer

A)  No because corporations are not real people 
B)  No because due process does not apply to entities that make a profit 
C)  Yes because corporations are considered "legal persons" 
D)  Yes because if corporations pay taxes 
A)  No because corporations are not real people 
B)  No because due process does not apply to entities that make a profit 
C)  Yes because corporations are considered "legal persons" 
D)  Yes because if corporations pay taxes

Question 13

The police, while patrolling a neighborhood, observe and hear a lot of loud noises coming from a house. They walk up to the house and knock on the front door. The homeowner opens the door allowing the police officer to see into the house and the meth lab setting in the front room. Which statement below is incorrect?

Accepted Answer

A)  The evidence would be admissible under the plain-view doctrine 
B)  The evidence would be admissible under the theory of consent 
C)  The evidence would be admissible under the theory of implied warrant 
D)  The evidence would be admissible under the Constitution 
A)  The evidence would be admissible under the plain-view doctrine 
B)  The evidence would be admissible under the theory of consent 
C)  The evidence would be admissible under the theory of implied warrant 
D)  The evidence would be admissible under the Constitution

Question 14

New Mexico passed a law banning private ownership of any guns within its state which is directly in violation of the Second Amendment of the Constitution. Which statement is correct?

Accepted Answer

A)  The law will stand if New Mexico can prove a substantial governmental interest 
B)  The law will be struck down as it violates the powers given to the federal government under the Commerce Clause 
C)  The law will be invalidated because it is inconsistent with the Constitution 
D)  The law will stand as long as it is not inconsistent with the New Mexico constitution 
A)  The law will stand if New Mexico can prove a substantial governmental interest 
B)  The law will be struck down as it violates the powers given to the federal government under the Commerce Clause 
C)  The law will be invalidated because it is inconsistent with the Constitution 
D)  The law will stand as long as it is not inconsistent with the New Mexico constitution

Question 15

When the federal government exercises its power of eminent domain,

Accepted Answer

A)  They take the property for free 
B)  They must obtain the consent of the property owner 
C)  They must pay just compensation to the property owner 
D)  They must only use the property for a government project 
A)  They take the property for free 
B)  They must obtain the consent of the property owner 
C)  They must pay just compensation to the property owner 
D)  They must only use the property for a government project

Question 16

In Brandenburg v. Ohio, according to the First Amendment, freedom of speech, the court ruled that inflammatory speech or hate speech

Accepted Answer

A)  Is not protected 
B)  Is protected 
C)  Is protected unless it seeks to imminently incite lawless actions 
D)  Is not protected if someone is offended 
A)  Is not protected 
B)  Is protected 
C)  Is protected unless it seeks to imminently incite lawless actions 
D)  Is not protected if someone is offended

Question 17

The theory behind the system of checks and balances is

Accepted Answer

A)  The federal government is required to ensure that their annual budget is balanced at the end of each fiscal year and checked twice. 
B)  The federal government must balance the interests of each of the states to ensure fairness. 
C)  Each branch of the government can use its power to monitor the other branches. 
D)  Law passed by the federal government must be checked by each branch of the government and authorized before it becomes a law. 
A)  The federal government is required to ensure that their annual budget is balanced at the end of each fiscal year and checked twice. 
B)  The federal government must balance the interests of each of the states to ensure fairness. 
C)  Each branch of the government can use its power to monitor the other branches. 
D)  Law passed by the federal government must be checked by each branch of the government and authorized before it becomes a law.

Question 18

Which statement is correct?

Accepted Answer

A)  The Constitution has three Articles and the Bill of Rights 
B)  The judicial branch was established by Article III 
C)  Article IV of the Constitution establishes the electoral college 
D)  The Constitution was last amended in 2017 
A)  The Constitution has three Articles and the Bill of Rights 
B)  The judicial branch was established by Article III 
C)  Article IV of the Constitution establishes the electoral college 
D)  The Constitution was last amended in 2017

Question 19

Marbury v. Madison

Accepted Answer

A)  Extended the Bill of Rights protections to the states 
B)  Declared that the U.S. Constitution was the supreme law of the land 
C)  Established the theory of stare decisis 
D)  Stands for the proposition that the Constitution is the supreme law of the land 
A)  Extended the Bill of Rights protections to the states 
B)  Declared that the U.S. Constitution was the supreme law of the land 
C)  Established the theory of stare decisis 
D)  Stands for the proposition that the Constitution is the supreme law of the land

Question 20

Which theory of constitutional interpretation asserts that the meaning of the words of the Constitution are fixed and judges cannot change the meaning of the text until the Constitution is formally amended is called

Accepted Answer

A)  Originalism 
B)  Historical theory 
C)  Living Constitution 
D)  Adaptable Constitution 
A)  Originalism 
B)  Historical theory 
C)  Living Constitution 
D)  Adaptable Constitution

Exam 3: Business and the Constitution

The legal authority of a court to decide a specific case is

Explain the two theories of constitutional interpretation, Originalism and Living Constitution. Which theory do you agree with most? Explain your reasoning.

The first step of amending the Constitution is to have the general citizens of the United States vote in a popular vote.

Which theory of constitutional interpretation would allow space exploration and aviation to be a function of the federal government because the Constitution specifically delegates the right to create and army and navy to the federal government?

The U.S. Constitution has been amended annually to reflect the current societal trends.

According to the Commerce Clause the federal government has the power to regulate

The police were issued a search warrant to find a full-size tractor that was stolen. In executing the search warrant, the police find crack cocaine in the person's nightstand drawer. Will the police be able to use the crack cocaine as evidence?

The process by which two-thirds of the legislatures of the states make a proposal to amend the Constitution is called

Which document stated "ambition must be made to counteract ambition"which acknowledged that no branch of the government has a monopoly on power?

Another term for "the exclusionary rule" is

Does due process protections apply to corporation?

New Mexico passed a law banning private ownership of any guns within its state which is directly in violation of the Second Amendment of the Constitution. Which statement is correct?

When the federal government exercises its power of eminent domain,

In Brandenburg v. Ohio, according to the First Amendment, freedom of speech, the court ruled that inflammatory speech or hate speech

The theory behind the system of checks and balances is

Which statement is correct?

Marbury v. Madison

Which theory of constitutional interpretation asserts that the meaning of the words of the Constitution are fixed and judges cannot change the meaning of the text until the Constitution is formally amended is called

Legal Foundations and Thinking Strategically

Business, Societal, and Ethical Contexts of Law

The American Judicial System, Jurisdiction, and Venue

Resolving Disputes: Litigation and Alternative Dispute Resolution

Contracts: Overview, Definition, Categories, and Source of Law

Mutual Assent: Agreement and Consideration

Capacity and Legality

Enforceability

Performance

Breach and Remedies

Contracts for the Sale of Goods: Overview of Article 2

Sales Contracts: Agreement, Consideration, and the Statute of Frauds

Title, Allocation of Risk, and Insurable Interest

Performance and Cure in Sales Contracts

Breach and Remedies in a Sales Transaction

UCC Article 2A: Lease Contracts

Sales Warranties

Definition, Creation, and Categories of Negotiable Instruments

Negotiation, Endorsements, and Holder in Due Course

Liability, Defenses, and Discharge

Checks, Deposits, and Financial Institutions

Secured Transactions

Creditors Rights

Alternatives for Insolvent Borrowers

Bankruptcy

Choice of Business Entity and Sole Proprietorships

Partnerships

Limited Liability Partnerships and Limited Liability Companies

Corporations: Formation and Organization

Corporate Transactions: Acquisitions and Mergers

Overview of the Securities Market: Definition, Categories, and Regulation

Regulation of Issuance: The Securities Act of 1933

Regulation of Trading: The Securities Exchange Act of 1934

Regulation of Corporate Governance

Regulation of Financial Markets

Agency Formation, Categories, and Authority

Duties and Liabilities of Principals and Agents

Employment at Will

Employment Regulation and Labor Law

Employment Discrimination

Torts and Products Liability

Administrative Law

Consumer Protection

Criminal Law and Procedure

Insurance Law

Environmental Law

Personal Property, Real Property, and Land Use Law

Wills, Trusts, and Estates

Intellectual Property

Filters