Question 1

Reference - Junk Food. Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy, junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. In determining whether the law is constitutional, which of the following will a court likely ask?

Accepted Answer

A)   Whether the state regulation is needed for a compelling reason.
B)   Whether the state regulation is rationally related to a legitimate state end.
C)   Whether the state regulation is needed for an important reason.
D)   Whether the state regulation will impact tax revenue.
E)   Whether the state regulation is needed for a compelling reason and also whether the state regulation will impact tax revenue.F) A) and B)
G) A) and C)

Question 2

A _____________ is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant.

Accepted Answer

A)   Search warrant
B)   Subpoena warrant
C)   Search authorization form
D)   Seek warrant
E)   Review authorizationF) B) and C)
G) A) and E)

Question 3

Which of the following is true regarding privacy rights?

Accepted Answer

A)   The U.S. Supreme Court has said that the U.S. Constitution does not provide any right to privacy.
B)   The U.S. Supreme Court has found that U.S. citizens have a right to privacy based upon the U.S. Constitution.
C)   The U.S. Constitution specifically provides for a right to privacy within the Second Amendment.
D)   The U.S. Constitution specifically provides for a right to privacy within the Sixth Amendment.
E)   Both that the U.S. Supreme Court has found that U.S. citizens have a right to privacy based upon the U.S. Constitution and that the U.S. Constitution specifically provides for a right to privacy within the Sixth Amendment.F) A) and B)
G) A) and C)

Question 4

What does the protection against "double jeopardy" mean?

Accepted Answer

A)   That the government cannot try a person more than once for the same crime.
B)   That the government cannot try a person more than twice for the same crime.
C)   That the government must have double proof to prosecute a person twice for the same crime.
D)   That the government must show that at least two people were injured by the defendant in order to justify trying the defendant twice for the same crime.
E)   That the government may impose a double sentence on a repeat offender in order to protect the public.F) A) and B)
G) None of the above

Question 5

Which amendment protects freedom of religion?

Accepted Answer

A)   First
B)   Second
C)   Fourth
D)   Sixth
E)   EighthF) C) and D)
G) B) and E)

Question 6

Reference - Junk Food. Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy, junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. What do courts generally presume regarding laws passed in accordance with states' police power?

Accepted Answer

A)   There is no presumption.
B)   That the law is valid.
C)   That the law is invalid.
D)   That the law is valid unless it involves a First Amendment right.
E)   That the law is valid unless it involves the commerce clause.F) A) and D)
G) None of the above

Question 7

Which of the following is included in the Central Hudson test for commercial speech?

Accepted Answer

A)   The principle that speech that is misleading is not protected by the First Amendment.
B)   The principle that the government must show that a substantial governmental interest is served by a restriction on commercial speech.
C)   The principle that any restriction on commercial speech must not be more extensive than necessary.
D)   The principle that speech that is misleading is not protected by the First Amendment; the principle that the government must show that a substantial governmental interest is served by a restriction on commercial speech; and the principle that any restriction on commercial speech must not be more extensive than necessary.
E)   None of these.F) D) and E)
G) A) and C)

Question 8

Which of the following refers to the basic fairness of laws that may deprive an individual of her life, liberty, or property?

Accepted Answer

A)   Procedural due process
B)   Substantive due process
C)   Independent due process
D)   The prohibition against taking
E)   Both procedural and substantive due processF) All of the above
G) B) and E)

Question 9

The U.S. Constitution establishes a system of government based on the principle of federalism.

Accepted Answer

A) True 
 B)False

Question 10

Which amendment extends most of the provisions of the Bill of Rights prohibiting state interference in citizens' exercise of their rights to the states?

Accepted Answer

A)   Thirteenth
B)   Fourteenth
C)   Twenty-first
D)   Twenty-second
E)   FortiethF) C) and D)
G) A) and D)

Question 11

The constitution of Belarus requires everyone to protect the environment.

Accepted Answer

A) True 
 B)False

Question 12

Which amendment prohibits cruel and unusual punishment?

Accepted Answer

A)   Second
B)   Fourth
C)   Fifth
D)   Eighth
E)   TenthF) B) and D)
G) C) and D)

Question 13

What are the three independent branches of the federal government?

Accepted Answer

A)   Legislative, executive, and judicial
B)   Legislative, commerce, and safety
C)   Commerce, safety, and law enforcement
D)   Executive, safety, and law enforcement
E)   Law enforcement, judicial, and statutoryF) C) and D)
G) C) and E)

Question 14

Not all corporate speech is political speech.

Accepted Answer

A) True 
 B)False

Question 15

What does the free-exercise clause of the First Amendment provide?

Accepted Answer

A)   That government cannot make a law prohibiting the free exercise of religion.
B)   That government cannot make a law establishing a religion.
C)   That government cannot make a law referencing religion in any manner.
D)   That government cannot make a law prohibiting the free exercise of religion; that government cannot make a law establishing a religion; and that government cannot make a law referencing religion in any manner.
E)   None of these.F) All of the above
G) D) and E)

Question 16

Set forth the Central Hudson Test for Commercial Speech and discuss whether or not you believe the test should be broadened to provide additional protection for commercial speech with reasons in support.
The test has four prongs as follows:
(1) Does the speech concern an illegal activity? Is it misleading?
(2) Is the government interest served by the restriction on commercial speech substantial?
(3) Does the regulation directly advance the government interest asserted?
(4) Is the regulation more extensive than necessary to serve the government interest?

Accepted Answer

The Central Hudson Test for Commercial S...

Question 17

What was the result in the case in the text Christy Brzonkala v. Antonio J. Morrison et al. in which the defendants alleged the unconstitutionality of civil remedies available under the federal Violence against Women Act?

Accepted Answer

A)   That Congress lacked the authority under the U.S. Constitution to enact the law.
B)   That Congress validly passed the law pursuant to the First Amendment to the U.S. Constitution.
C)   That Congress validly passed the law pursuant to the Second Amendment to the U.S. Constitution.
D)   That Congress validly passed the law pursuant to the Fourth Amendment to the U.S. Constitution.
E)   That Congress validly passed the law pursuant to the Fourteenth Amendment to the U.S. Constitution.F) B) and D)
G) C) and D)

Question 18

Which of the following is an exception to the rule that administrative searches usually require search warrants?

Accepted Answer

A)   The administrative exception
B)   The reasonable-search exception
C)   The pervasive-regulation exception
D)   The compelling-need exception
E)   The controlling-principle exceptionF) A) and E)
G) A) and C)

Question 19

The legislators of New State institute a law that mothers of children in elementary school, but not fathers, are entitled to seven days off each year in order to attend school events. A lawsuit is brought by a group of fathers challenging the law on equal protection grounds. Which level of scrutiny will be applied to the law?

Accepted Answer

A)   Intermediate scrutiny
B)   Rational basis scrutiny
C)   Severe scrutiny
D)   Strict scrutiny
E)   Legal scrutinyF) A) and B)
G) B) and C)

Question 20

Which of the following is true regarding federal taxation?

Accepted Answer

A)   The U.S. Constitution explicitly grants Congress the power to tax.
B)   The taxes laid by Congress must be uniform across the states.
C)   Congress can legitimately use taxes to encourage the development of certain industries and discourage the development of others.
D)   The U.S. Constitution explicitly grants Congress the power to tax; the taxes laid by Congress must be uniform across the states; and Congress can legitimately use taxes to encourage the development of certain industries and discourage the development of others.
E)   None of these.F) B) and C)
G) B) and D)

Exam 4: Administrative Law

What does the protection against "double jeopardy" mean?

Correct Answer
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Which of the following is true regarding federal taxation?

Correct Answer
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Which of the following is an exception to the rule that administrative searches usually require search warrants?

Correct Answer
verified

Correct Answer
verified

Correct Answer
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The constitution of Belarus requires everyone to protect the environment.

Correct Answer
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Which amendment extends most of the provisions of the Bill of Rights prohibiting state interference in citizens' exercise of their rights to the states?

Correct Answer
verified

Not all corporate speech is political speech.

Correct Answer
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What are the three independent branches of the federal government?

Correct Answer
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Which of the following is true regarding privacy rights?

Correct Answer
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A _____________ is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant.

Correct Answer
verified

The U.S. Constitution establishes a system of government based on the principle of federalism.

Correct Answer
verified

What does the free-exercise clause of the First Amendment provide?

Correct Answer
verified

Correct Answer
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Which of the following refers to the basic fairness of laws that may deprive an individual of her life, liberty, or property?

Correct Answer
verified

What was the result in the case in the text Christy Brzonkala v. Antonio J. Morrison et al. in which the defendants alleged the unconstitutionality of civil remedies available under the federal Violence against Women Act?

Correct Answer
verified

Which amendment prohibits cruel and unusual punishment?

Correct Answer
verified

Which amendment protects freedom of religion?

Correct Answer
verified

Which of the following is included in the Central Hudson test for commercial speech?

Correct Answer
verified

Correct Answer
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Exam 4: Administrative Law

What does the protection against "double jeopardy" mean?

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Which of the following is true regarding federal taxation?

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Which of the following is an exception to the rule that administrative searches usually require search warrants?

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Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

The constitution of Belarus requires everyone to protect the environment.

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Which amendment extends most of the provisions of the Bill of Rights prohibiting state interference in citizens' exercise of their rights to the states?

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Not all corporate speech is political speech.

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What are the three independent branches of the federal government?

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Which of the following is true regarding privacy rights?

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A _____________ is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant.

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The U.S. Constitution establishes a system of government based on the principle of federalism.

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What does the free-exercise clause of the First Amendment provide?

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Correct AnswerverifiedShow Answer

Which of the following refers to the basic fairness of laws that may deprive an individual of her life, liberty, or property?

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What was the result in the case in the text Christy Brzonkala v. Antonio J. Morrison et al. in which the defendants alleged the unconstitutionality of civil remedies available under the federal Violence against Women Act?

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Which amendment prohibits cruel and unusual punishment?

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Which amendment protects freedom of religion?

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Which of the following is included in the Central Hudson test for commercial speech?

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Correct AnswerAnswered by ExamLex AIThe Central Hudson Test for Commercial S...View AnswerShow Answer

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Correct Answer
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The Central Hudson Test for Commercial S...
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