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Law
Q:
The Lemon test is a legal standard developed by the U.S. Supreme Court in 1971 to evaluate ________ Clause cases.
Q:
Administrative law judges are:
A) Article I judges.
B) Article II judges.
C) Article III judges.
D) Article IV judges.
Q:
In U.S. v. Nixon, the Supreme Court considered what item of evidence?
A) Iran Contra Affair
B) Watergate tapes
C) William Marbury's commission
D) Vietnam information
Q:
The two religion clauses in the First Amendment are the Establishment Clause and Free ________ Clause.
Q:
Which of the following is not a reason that a legislative veto law may be unconstitutional?
A) It permits one house of Congress to invalidate administrative action.
B) It bypasses presentment to the President.
C) It encroaches upon the constitutional sphere of an administrative agency.
D) All the above.
Q:
A term referring to the concept that there exists, independent of manmade law, a law laid down (depending upon one's beliefs) by God or by nature, which human society must observe in order to be happy and at peace is referred to as:
A) Divine Province.
B) Natural Law.
C) Manifest Destiny.
D) Aaron's Law.
Q:
To fully understand the scope of the religion clauses, one must appreciate how the U.S. ________ Court has interpreted and enlarged the critical terms of these provisions.
Q:
For a delegation to be constitutional, Congress must provide the delegate agency with:
A) an intelligible principle from which to act.
B) specific guidance to direct its actions.
C) no guidance is required.
D) all the above.
Q:
Today, a series of eighty-five articles that were published under the pseudonym Publius in magazines and newspapers urging the ratification of the new Constitution are known as the:
A) Federalist Papers.
B) Communist Manifesto.
C) Articles of Confederation.
D) Declaration of Statehood.
Q:
The separationist approach is a view of the religion clauses that generally asserts that government should remain ________ separate or removed from religious activity.
Q:
Discuss whether you would support a law in your state to reallocate your state's electoral votes to the presidential candidate who wins the majority of votes on a national scale rather than the candidate who wins the state. Explain your position.
Q:
A writ whose purpose is to obtain immediate relief from illegal imprisonment by having the "body" (that is, the prisoner) delivered from custody and brought before that court is called:
A) Ex post facto law.
B) Bill of Attainder.
C) Act of Sedition.
D) Habeas Corpus.
Q:
The ________ approach to the First Amendment religion clauses is an interpretation of the religion clauses that maintains that it is appropriate for government to accommodate or otherwise assist religious interests or organizations.
Q:
Discuss whether you would support or oppose a constitutional amendment that would give the President of the United States the line item veto power. Explain your position.
Q:
A law that makes someone criminally liable for an act that was not criminal at the time it was committed is called a(n):
A) Ex post facto law.
B) Bill of Attainder.
C) Act of Sedition.
D) Habeas Corpus.
Q:
James Madison wrote the 1785 publication entitled Memorial and Remonstrance Against ________ Assessments which was written in opposition to the General Assessment Bill that was proposed in 1784 by the Virginia State Assembly.
Q:
What did the U.S. Supreme Court decide in Jones v. Clinton, 520 U.S. 681 (1997)?
Q:
A legislative act that inflicts capital punishment upon named persons without a judicial trial is called a(n):
A) Ex post facto law.
B) Bill of Attainder.
C) Act of Sedition.
D) Habeas Corpus.
Q:
While serving in the First Congress under the new constitution, James Madison was appointed to the Select Committee on Constitutional Amendments, whose primary responsibility was to develop a Bill of ________ for the Constitution.
Q:
What are the three different types of executive agreements?
Q:
Each of the following contributed to the need for drafting a new Constitution in 1787 EXCEPT:
A) Shays Rebellion.
B) Fear of foreign invasion.
C) State competition over taxes.
D) U.S. government too strong.
Q:
The U.S. Supreme Court the Religious Freedom Restoration Act (RFRA) as it applied to the states, finding that the Act went beyond the constitutional authority of Congress to regulate state policy-making in matters affecting religious exercise.
Q:
What is the pocket veto?
Q:
During the early years of the Constitution, which group championed a stronger centralized government?
A) Federalists
B) Anti-Federalists
C) Tea Party
D) Confederates
Q:
In Burwell v. Hobby Lobby (2015), the U.S. Supreme Court held that a closely held corporation could assert religious freedoms under the Religious Freedom Restoration Act (RFRA) in that it would not have to provide employee health-care coverage for contraceptives under the federal Affordable Care Act.
Q:
What is the unitary executive theory?
Q:
What document governed the United States prior to the ratification of the U.S. Constitution?
A) Articles of Confederation
B) U.S. Code
C) Declaration of Independence
D) Contract with America
Q:
The neutrality test is an approach to free exercise cases adopted in Employment Division v. Smith (1990) that maintains that governmental policies that are neutral in form and generally applied will be deemed constitutional, regardless of their adverse impact on certain religious practices.
Q:
What are the qualifications under the U.S. Constitution to become President?
Q:
In which case did the U.S. Supreme Court assert the power of judicial review over the decisions of the states' high courts?
A) Marbury v. Madison
B) United States v. Nixon
C) Martin v. Hunter's Lessee
D) Dred Scot v. Sandford
Q:
Under the strict scrutiny test, the courts will uphold a law if it is rationally related to a legitimate government purpose.
Q:
Match the term listed in Column 1 to its description in Column 2.
A) a means for attacking the constitutionality of the statute under which, or the proceedings in which, the original conviction was obtained
B) the body empowered by the Constitution to elect the president and vice-president of the United States
C) an agency whose head may be terminated by the president only for good cause
D) a theory that the Constitution vests all executive authority in the president of the United States
E) the right of a governor under most state constitutions to veto individual appropriations in an appropriation act rather than being compelled either to veto the act as a whole or to sign it into law
F) an agreement with a foreign government, made by the president acting within his or her executive powers
G) a model of executive authority that divides executive powers between multiple executive officers who act independently of one another
H) an act of grace by the chief executive of the government relieving a person of the legal consequences of a crime of which he or she has been convicted
I) exists when civilian government has been replaced with military government
J) a president's refusal to expend congressionally appropriated funds
K) an agency whose head serves at the pleasure of the president
1. executive agreement
2. martial law
3. pardon
4. line item veto
5. impoundment
6. Electoral College
7. executive agency
8. independent agency
9. plural executive
10. writ of habeas corpus
11. unitary executive
Q:
Who is the current Chief Justice of the Supreme Court?
A) William Rehnquist
B) Sandra Day O'Connor
C) John Roberts
D) Antonin Scalia
Q:
The compelling governmental interest test is also known as the strict scrutiny test.
Q:
Generally, the president is absolutely immune from suit and liability for ________ acts.
Q:
In which era did the U.S. Supreme Court begin to expand the powers of the federal government?
A) Marshall Court
B) Taney Court
C) Pre-New Deal Era
D) Rehnquist Court
Q:
Under the coercion test, the U.S. Supreme Court essentially collapses the first two questions of the Lemon test (the secular purpose and primary effect requirements) by asking the more general question of whether the government's activity conveys a message of endorsement or disapproval of religion.
Q:
In United States v. Nixon, 418 U.S. 904 (1974), the U.S. Supreme Court ruled that although a presidential ________ exists, it may be overcome by a specific need for evidence in a criminal case.
Q:
During what era of the Court did the justices dramatically expand the liberty protections afforded to individuals under the Fourth Amendment?
A) Taney Court
B) Warren Court
C) New Deal Era
D) Rehnquist Court
Q:
The Lemon test was adopted by the 1971 U.S. Supreme Court Lemon v. Kurtzman.
Q:
Treaties are characterized as either ________ or self-executing.
Q:
What was William Marbury seeking from the Supreme Court in Marbury v. Madison?
A) Writ of Certiorari
B) Writ of Mandamus
C) Temporary Restraining Order
D) Money Damages
Q:
The Lemon test is a test used by courts to interpret the Establishment Clause.
Q:
Habeas ________ is Latin for "you have the body."
Q:
Under the leadership of which of the following Chief Justices did the Supreme Court render many decisions advancing civil liberties, especially in the criminal context?
A) Jay
B) Marshall
C) Warren
D) Rehnquist
Q:
An executive order signed by the President cannot be a violation of the Establishment Clause or the Free Exercise Clause since the beginning of the First Amendment includes the phrase "Congress shall make no law" in the text.
Q:
The president possesses the authority of ________ of sentence to lessen a sentence.
Q:
Which of the following Chief Justices of the Supreme Court was responsible for writing the majority opinion in Marbury v. Madison, wherein the power of judicial review was announced?
A) Jay
B) Marshall
C) Warren
D) Rehnquist
Q:
The U.S. Supreme Court has incorporated the First Amendment religion clauses through the Fourteenth Amendment Due Process Clause, thereby making them applicable to state and local governments.
Q:
Impoundment refers to a president's refusal to expend congressionally appropriated ________.
Q:
The management of Sport Shoes Corporation, a U.S. firm, wants to expand into foreign investment and employment markets. They are considering either opening their own production facility in a foreign country or entering into a licensing agreement with a foreign firm. What are the advantages and disadvantages of each of these courses of action?
Q:
Capital Diversified Corporation (CDC) owns assets in Dagistan, a new country in Asia. The government of Dagistan wants to nationalize all assets owned by foreign firms and investors. What can CDC do? Can it at least obtain payment for the assets?
Q:
Fabiola, or any foreign citizen, can bring a civil suit in a U.S. court for
A.a violation of a treaty of the United States only.
B.a violation of a treaty of the United States or of the law of nations.
C.a violation of the law of nations only.
D.no purpose.
Q:
Qang and other foreign citizens allege human rights violations committed overseas by the government of Burma on behalf of Railway Construction Company, a U.S. firm. To seek redress for their injuries in a U.S. court, these citizens can
A.issue a letter of credit.
B.bring civil suits under the Alien Tort Claims Act.
C.file criminal complaints under Title VII of the Civil Rights Act.
D.do nothing.
Q:
Sam, or any U.S. citizen, can bring a civil suit in a U.S. court against a foreign entity for
A.a tort allegedly committed in the United States only.
B.a tort allegedly committed in the United States or overseas.
C.a tort allegedly committed overseas only.
D.no purpose.
Q:
Fact Pattern 31-1
First State Bank issues a letter of credit in favor of Oboe Company, an American firm, to facilitate an international sales contract to buy resources from Lapland Mining, Ltd., a Finnish company.
Refer to Fact Pattern 31-1. To obtain payment, Lapland must comply with all of the requirements of the letter of credit
A.strictly.
B.substantially.
C.reasonably.
D.materially.
Q:
Fact Pattern 31-1
First State Bank issues a letter of credit in favor of Oboe Company, an American firm, to facilitate an international sales contract to buy resources from Lapland Mining, Ltd., a Finnish company.
Refer to Fact Pattern 31-1. In a letter of credit, the beneficiary is
A.Lapland.
B.Oboe.
C.First State Bank.
D.none of these choices.
Q:
Fact Pattern 31-1
First State Bank issues a letter of credit in favor of Oboe Company, an American firm, to facilitate an international sales contract to buy resources from Lapland Mining, Ltd., a Finnish company.
Refer to Fact Pattern 31-1. First State Bank
A.is responsible for making sure that the parties perform the contract.
B.will make payment once the transaction has been completed.
C.will make payment when Lapland presents the proper documents.
D.none of these choices.
Q:
Fact Pattern 31-1
First State Bank issues a letter of credit in favor of Oboe Company, an American firm, to facilitate an international sales contract to buy resources from Lapland Mining, Ltd., a Finnish company.
Refer to Fact Pattern 31-1. First State Bank must pay Lapland when Lapland
A.enters into the contract with Oboe.
B.verifies that Oboe has the money to pay for the purchase.
C.complies with the terms and conditions of the letter of credit.
D.none of these choices.
Q:
Quality Energy Company, a U.S. firm, and Royal Petro, a Dutch firm, enter into a contract that includes an arbitration clause. This clause must provide that the arbitrator will be
A.any specified third party.
B.the American Arbitration Association.
C.the Dutch Arbitration Organization.
D.the International Chamber of Commerce.
Q:
Bigg Business Corporation, a U.S. firm, and Comercial Grande, S.A., a Mexican firm, are parties to a contract that does not specify a choice of law. The governing law is that of
A.any third country.
B.Spain.
C.the buyer's place of business.
D.the seller's place of business.
Q:
A clause in a contract between Timber Corporation, a U.S. business, and Wang, Ltd., a Japanese business, specifies that disputes over the contract will be adjudicated in the United States. This is
A.a choice-of-forum clause.
B.a choice-of-law clause.
C.a force majeure clause.
D.an arbitration clause.
Q:
The United States is a member of the World Trade Organization, which, among its members,
A.does not affect trade barriers.
B.maximizes trade barriers.
C.minimizes trade barriers.
D.outlaws trade barriers.
Q:
The United States and other members of a certain organization agree to grant normal trade relations status on each other with regard to imports and exports. This organization is
A.the Convention on Contracts for the International Sale of Goods.
B.the International Export-Import Bank.
C.the United Nations.
D.the World Trade Organization.
Q:
Chiang Ltd., a Chinese firm, imports its goods into the United States and offers those goods for sale at "less than fair value." This is
A.confiscation.
B.defalcation.
C.dumping.
D.expropriation.
Q:
Vieux Carr S.A., a French firm, imports its goods into the United States and offers those goods for sale at "less than fair value." "Fair value" is the price of
A.comparable goods in a select "basket" of other countries.
B.Vieux Carr's goods in France.
C.Vieux Carr's goods in the United States.
D.Vieux Carr's goods on the world market.
Q:
The government of Japan sets a limit on the amount of rice that can be imported from the United States. This is
A.a dumping duty.
B.an antidumping duty.
C.a quota.
D.a tariff.
Q:
The United States taxes each barrel of imported oil at a flat rate. This is
A.an antidumping duty.
B.a dumping duty.
C.a quota.
D.a tariff.
Q:
Congressman Walden and other politicians want to prohibit the import of certain agricultural products that pose a danger to domestic crops. With respect to these products' import, Congress can
A.do nothing.
B.impose quotas, but not tariffs.
C.impose tariffs, but not quotas.
D.prohibit the imports.
Q:
Senator Wyden and other politicians want to restrict the flow of technologically advanced products and data from the United States to other countries. To restrict or encourage exports, Congress can
A.do nothing.
B.assess antidumping duties.
C.impose export taxes.
D.set export quotas.
Q:
Secure Investments, Inc., a U.S. firm, expands into international markets through a joint venture. In this situation, Secure owns
A.all of the operation, and its profits and liabilities.
B.all of the operation, and none of its profits and liabilities.
C.none of the operation, and none of its profits and liabilities.
D.part of the operation, and shares its profits and liabilities.
Q:
Diners Corporation, a U.S. firm, signs a contract with Essen, A,G., a German firm, to give Essen the right to use Diners' trademark in restaurants in Germany. This is
A.a distribution agreement.
B.a joint venture.
C.direct exporting.
D.licensing.
Q:
Optima Medico Corporation, a U.S. firm, signs a contract with Pharma Beneficial, Ltd., a Canadian firm, to give Pharma the right to sell Optima's products in Canada. This is
A.a distribution agreement.
B.a joint venture.
C.direct exporting.
D.licensing.
Q:
WiFi Corporation, a U.S. firm, signs a contract with Bueno Computadores, Ltd., an Argentinean firm, for a shipment and payment for WiFi's goods. This is
A.a distribution agreement.
B.a joint venture.
C.direct exporting.
D.licensing.
Q:
Hemisphere Financial Corporation, a U.S. firm, files a suit against Italy in a U.S. court. Italy claims foreign sovereign immunity. Under the Foreign Sovereign Immunities Act, this claim is determined by
A.a neutral third-party court.
B.an international law court.
C.an Italian court.
D.the U.S. court in which the suit is filed.
Q:
UniOil, a U.S. firm, owns property in Venezuela. When the government of Venezuela seizes the property, UniOil asks a U.S. court to order the property's return. The court rules that Venezuela is exempt from the court's jurisdiction. This is
A.a travesty of justice.
B.the act of state doctrine.
C.the doctrine of sovereign immunity.
D.the principle of comity.
Q:
Call Center Corporation, a U.S. firm, owns property in India. The government of India seizes the property for a proper public purpose and pays Call Center just compensation. This is
A.confiscation.
B.defalcation.
C.dumping.
D.expropriation.
Q:
Mountain Mining Company, a U.S. firm, owns property in Bolivia. The government of Bolivia seizes the property for an illegal purpose without paying just compensation. This is
A.confiscation.
B.defalcation.
C.dumping.
D.expropriation.
Q:
Sudan seizes the assets of Triage Medical, Inc., a U.S. firm. Triage's recovery from Sudan in a U.S. court may be prevented by
A.the act of state doctrine.
B.the doctrine of sovereign immunity.
C.the Foreign Corrupt Practices Act.
D.the principle of comity.
Q:
Michael, a citizen of Ireland, and Nina, a citizen of the United States, enter into a contract. When Nina breaches the contract, Michael obtains an award of damages in an Irish court. He asks a U.S. court to enforce the award. The U.S. court defers to and enforces the Irish court's decree. This is
A.a travesty of justice.
B.the act of state doctrine.
C.the doctrine of sovereign immunity.
D.the principle of comity.