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Law
Q:
According to the Supreme Court, under some circumstances Congress has a right to regulate speech.
Q:
The obligation of a contract under the Constitution meansA. duty of the parties to perform.B. the terms of the agreement.C. the rights of the parties under the contract.D. None of the above.
Q:
Which of the following was not considered "property" for purposes of the Takings Clause?A. trade secretsB. a football teamC. interest on an attorney's trust accountD. None of the above; they were all considered property by a court.
Q:
In which of the following cases did the Supreme Court find that there was a taking for which the property owner was entitled to compensation?A. a new zoning law that totally prohibited a property owner from building a houseB. a 32-month building moratorium on lakefront propertyC. a city ordinance that placed restrictions on the development of individual historic landmarks, resulting in petitioner's inability to build offices and causing several million dollars in damagesD. Both a and c
Q:
The term public use in relationship to eminent domain includes such uses asA. roads.B. public parks.C. historical landmarks.D. All of the above.
Q:
The Takings Clause is expressly foundA. in Article V of the Constitution.B. in the Fifth Amendment to the Constitution.C. in the Fourteenth Amendment to the Constitution.D. in both b and c.
Q:
The Fifth Amendment provision that private property should not be taken for public use without just compensation is known asA. eminent domain.B. the Due Process Clause.C. the Takings Clause.D. None of the above.
Q:
The power of eminent domainA. is extended to the federal government in the Constitution.B. is extended to state government in the Constitution.C. is an inherent power of federal and state governments and not found expressly in the Constitution.D. Both a and b.
Q:
The government has the right to take property because of theA. power of eminent domain.B. the Due Process Clause.C. the concept of economic liberty.D. the Takings Clause.
Q:
Which of the following laws was held unconstitutional because it violated the Due Process Clause?A. laws setting maximum rates businesses can chargeB. consumer protection laws restricting business practices such as price fixing and fraudulent advertisingC. laws requiring licensing for certain trades and professionsD. laws limiting overtime whern neither women nor children were involved
Q:
The Supreme Court's expanded recognition of the right of government to enact laws related to economic liberties was a result ofA. World War II.B. the Great Depression.C. World War I.D. the selection of a new chief justice.
Q:
Case law that affects or impairs the obligation of contracts is generally held to not violate the Contract Clause because the Supreme Court has generally interpreted the word "law" as legislative law.
Q:
The Takings Clause applies to property taken by the government through forfeiture laws.
Q:
Just compensation is generally determined by the fair market value of the property taken.
Q:
Whenever any government regulation results in a decrease in property value, the owner of the property must be compensated by the government.
Q:
A physical taking often occurs through a condemnation proceeding instituted by the government.
Q:
The power of eminent domain can be exercised only when the property to be taken is in poor repair.
Q:
The Takings Clause applies to both real and personal property.
Q:
The power of eminent domain exists only when the government takes property for a public use.
Q:
The power of eminent domain is found in the Constitution.
Q:
Since 1937, the Supreme Court has not struck down any state or federal economic regulation.
Q:
Wrongful termination of employment is a due process violationA. under all circumstances.B. under no circumstances.C. when the individual had a right to continued employment.D. when the individual had been employed for at least six months.
Q:
A juvenile does not have a right toA. substantive due process. B. procedural due process. C. a jury trial.D. an attorney.
Q:
Procedural due process usually requiresA. notice of the proposed taking.B. the opportunity for a fair hearing.C. the opportunity for a hearing by an impartial judge or panel.D. All of the above.
Q:
This amendment applies to state governments and provides in part: "nor shall any state deprive any person of life, liberty, or property, without due process of law."A. Second AmendmentB. Fifth AmendmentC. Tenth AmendmentD. Fourteenth Amendment
Q:
Even though these laws interfere with a business owner's liberty to run a business, theCourt has upheldA. minimum wage laws.B. collective bargaining requirements.C. price controls.D. All of the above.
Q:
A law violates due process if itA. involves a fundamental right and is arbitrary and irrational.B. involves a fundamental right, and there is no compelling state interest.C. only if it involves a nonfundamental right.D. only if it involves a fundamental right.
Q:
Which of the following is/are question(s) asked by the Court in evaluating a law for a due process violation?A. Does the law deprive a person of any rights?B. Is the law authorized by the state constitution?C. Is the law a proper exercise of government power?D. All of the above.
Q:
Corporations have no rights under the Due Process ClauseA. to challenge a state law that requires all children to attend public school, when the corporation owns a private school.B. to assert the Fifth Amendment Privilege against self-incrimination when the corporation is charged with a crime.C. to assert any due process violation.D. to assert a violation of the First Amendment when the corporation is a newspaper corporation.
Q:
An individual who challenges a state law prohibiting any business from allowing minors to work more than 10 hours a week during the school year would probably challenge this law as a violation ofA. substantive due process.B. procedural due process.C. the Fifth Amendment Due Process Clause.D. Both a and c.
Q:
The Due Process Clause is found inA. Article V of the Constitution.B. the Fifth Amendment to the Constitution.C. the Fourteenth Amendment to the Constitution.D. Both b and c.
Q:
Due process must be followed by state agencies that suspend drivers' licenses.
Q:
Procedural due process has little application to civil cases.
Q:
Juvenile cases are not subject to due process requirements.
Q:
All aspects of a criminal case, beginning with the police investigation, must comply with procedural due process.
Q:
The Due Process Clause authorizes any individual who commits sex offenses to be subject to civil commitment.
Q:
Substantive due process has played an important role in the Supreme Court's protection of economic and personal freedoms.
Q:
The Court has held that the actions of a private interscholastic athletic organization were government action and subject to due process when the association regulated athletics at public schools, and the officials and members of the organization were public school officials or employees.
Q:
Corporations are always considered to be persons for purposes of the due process clause.
Q:
Procedural due process deals with the procedures that government uses whenever it actually deprives a person of life, liberty, or property.
Q:
In the Magna Carta, the concept of due process was referred to as "the law of the land."
Q:
Which of the following is nota fundamental right?A. right to travelB. right to educationC. rights of criminal defendantsD. right to vote
Q:
Because of lack of state action, the Supreme Court refused to find a violation of the EqualProtection Clause whenA. a deputy sheriff, hired by a private park to provide security, enforced a discriminatory policy of the park excluding blacks.B. a privately owned restaurant, which leased space from the state in a publicly owned building, refused to serve blacks.C. a private club, which had a liquor license issued by the state, discriminated against blacks.D. None of the above; the Court found state action in all of these situations.
Q:
Purposeful discrimination is required under theA. rational basis test.B. intermediate scrutiny test.C. strict scrutiny test.D. All of the above.
Q:
The rational basis test is used to evaluate state laws that discriminate based onA. age.B. economic factors. C. sexual preference. D. All of the above.
Q:
Challenges against a state constitutional provision that allowed taxation of personal property owned by a corporation but not personal property owned by individuals were evaluatedA. under the rational basis test because it did not involve a suspect class or fundamental right.B. under the intermediate scrutiny test because it involved a corporation, which is a quasi- suspect class.C. under strict scrutiny because it involved economic factors.D. None of the above.
Q:
A suspect class is a classification that includesA. those groups who have historically been the target of discrimination.B. those individuals accused of crimes.C. any class that claims it has been the victim of discrimination.D. All of the above.
Q:
The rational basis test for evaluating state lawsA. is used when a law targets a suspect class or fundamental right.B. is the strictest standard used by the Court.C. is the lowest standard used by the Court.D. usually results in laws being declared unconstitutional.
Q:
A Washington, D.C., public school was prohibited from segregation because ofA. the Fifth Amendment Due Process Clause.B. the Fifth Amendment Equal Protection Clause.C. the Fourteenth Amendment Due Process Clause.D. the Fourteenth Amendment Equal Protection Clause.
Q:
The Court in Plessyv.FergusonA. outlawed segregation.B. upheld the practice of segregation.C. overruled Brownv.Board ofEducation.D. held that segregation was invidious discrimination.
Q:
The Equal Protection Clause is found inA. the Fifth Amendment.B. the Thirteenth Amendment. C. the Fourteenth Amendment. D. the Fifteenth Amendment.
Q:
"One person, one vote" does not occur when the number of elected officials from different districts or geographical areas is not in proportion to the population of each district or if districts are configured in such a way as to defeat the interests of minority groups.
Q:
The Court upheld a state law on statutory rape involving minors that applied to men but not to women.
Q:
Strict scrutiny requires a "legitimate" governmental interest for the law, as opposed to the "compelling" government interest required under the rational basis test.
Q:
When a law does not target a suspect or quasi-suspect class or affect a fundamental right, the Court applies the rational basis test.
Q:
Laws that discriminate on the basis of gender or legitimacy are subject to review under the rational basis test.
Q:
A law targets a suspect class when it classifies a group based on race, ethnicity, or national origin.
Q:
When a private party uses the courts to enforce discriminatory practices, the Court will find state action so as to find a Fourteenth Amendment violation.
Q:
Segregation has always been considered invidious discrimination by the courts.
Q:
The Supreme Court has always acknowledged that not all laws creating classifications are unconstitutional.
Q:
The Equal Protection Clause requires that all persons be treated equally in all respects.
Q:
The Civil Rights Act of 1964A. was held constitutional as an exercise of congressional power to regulate interstate commerce.B. was held constitutional as an exercise of congressional power under the Reconstruction Amendments.C. applies only to state conduct.D. was held unconstitutional.
Q:
Congress is allowed to regulate private conduct that discriminates because ofA. the Thirteenth Amendment. B. the Fourteenth Amendment. C. the Fifteenth Amendment.D. All of the above.
Q:
In the case of Plessyv.Ferguson, the Supreme Court ruled thatA. segregation was lawful as long as separate facilities were equal.B. the practice of segregation was unconstitutional. C. segregation was lawful under any circumstance. D. segregation was unlawful, but only in schools.
Q:
A law providing that property taxes are based on purchase price, thus resulting in situations where two people owning identical homes pay substantially different property taxesA. violates the Equal Protection Clause.B. violates the Due Process Clause.C. does not violate any constitutional protection.D. is an invalid use of state police power.
Q:
In the Dred Scottdecision, the Supreme Court heldA. that slavery was legal.B. that slavery was illegal.C. that slaves were not citizens.D. that slaves were not entitled to vote.
Q:
The notion that no state can deprive a person of life, liberty, or property without due process is found inA. the Preamble to the Constitution.B. Article V of the Constitution.C. the Fifth Amendment to the Constitution.D. the Fourteenth Amendment to the Constitution.
Q:
The Bill of RightsA. was added to the Constitution after the Civil War.B. was part of the original Constitution.C. consists of the first 10 amendments to the Constitution.D. Both b and c.
Q:
A law that punishes a specific individual or individuals for some act is known asA. an ex post facto law.B. a bill of attainder.C. a bill of particulars.D. a bill of rights.
Q:
A document filed in court in which a prisoner (or other person in custody) requests that he or she be released from custody is called aA. petition for writ of habeas corpus.B. bill of attainder.C. petition for writ of certiorari.D. petition for writ of mandamus.
Q:
The statement "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness," is found inA. the Articles of Confederation.B. the Declaration of Independence. C. the Preamble to the Constitution. D. the Gettysburg Address.
Q:
The right to travel from one state to another is protected by the Due Process Clause of the Constitution.
Q:
The Supreme Court has held that a law restricting welfare benefits to individuals who resided in the state for less than one year violates the Privileges and Immunities Clause of the Constitution.
Q:
The case of Brown v. Board of Education outlawed school segregation.
Q:
All laws that discriminate against a group of individuals violate the Equal Protection Clause of the Constitution.
Q:
Today, most of the rights found in the first 10 amendments pertain to state action.
Q:
In the Slaughter-House Cases, the Court held that the Privileges and Immunities Clause of the Fourteenth Amendment did not incorporate any of the Bill of Rights.
Q:
Today, the right to vote extends to eighteen-year-olds.
Q:
The Supreme Court held that an individual cannot be sentenced to death when the death penalty in existence at the time the crime was committed is declared unconstitutional, even if a subsequent constitutional death penalty is enacted prior to the individual's conviction and sentencing.
Q:
A petition for writ of habeas corpus was a fundamental English right; it did not originate in the United States.