Q&A Hero

Q: Mike has a car accident and Maria saves his life. To show his appreciation, Mike gives Maria a life estate in one of the homes he owns. Maria lives there for a while and then accepts a job in another state so she gives the property to her sister Jackie. (This is permissible to do.) Jackie owns the property until: A. she dies. B. Maria dies. C. Mike dies. D. both Mike and Maria die. E. both Maria and Jackie.

Q: The Supreme Court has stated that it is unconstitutional for governments or government entities to take private land for public development.

Q: The courts have generally defined just compensation in terms of market value.

Q: Generally, mortgages and deeds of trust must be registered in a recording office in the county where the land is located.

Q: If foreclosure and auction does not produce enough money to satisfy the debt owed by the mortgagor, the creditor-mortgagee can still sue the debtor for the balance owed, called a "remainder."

Q: Foreclosure means that the court will order the land sold to satisfy the debt owed, usually by auction to the highest bidder, with any excess after payment of what is owed to the secured creditor going to the debtor.

Q: The collateral may include not only things currently owned by the debtor but collateral known as after-acquired property that the debtor acquires in the future.

Q: In a determination of private nuisance, a court will declare a nuisance based solely upon the plaintiff's showing that the defendant's use of his or her land produces an offensive result for the community.

Q: Through the government's power of eminent domain, it can take private property for "public use," upon the payment of "just compensation."

Q: Public nuisance claims may be brought only by a public official, not private individuals, unless the latter have suffered some special damage to their property as a result of the public nuisance.

Q: It is presumed in court that a bailee in a mutual benefit bailment is negligent for the loss or damage of the bailor's goods.

Q: Property ownership helps generate prosperity by establishing the conditions necessary for capital formation.

Q: A buyer in an ordinary course of business has priority over a perfected security interest.

Q: The women in the house next to you party all the time and keep you up most nights. They are creating a public nuisance.

Q: Indirect taxes like the progressive income tax are authorized by the Bill of Rights.

Q: Ken is having a bad morning. He has to go to work and can't find his car keys. After searching for 20 minutes, he finds them in the pocket of the jeans he wore the previous day. The keys would have been considered lost until he found them.

Q: House-sitting would be an example of a bailment because you are in temporary possession of someone's house with the intention to return full possession to the owners upon their return.

Q: Mike repaired Rosie's car and Rosie refused to pay the bill. Mike was still in possession of the car and therefore could claim a mechanic's lien on the car.

Q: The right of redemption allows a mortgagor, before foreclosure, to get back land upon payment of the full amount of the debt.

Q: No bailment has been formed if a student leaves a book bag in class by accident and the professor takes possession to safeguard the bag.

Q: A purchase money security interest creates a perfected interest without the need to put a document on public record.

Q: A fee simple absolute represents restricted, limited ownership of personal property.

Q: Zoning laws apply to types and locations of physical structures but not to aesthetic characteristics such as color and exterior design.

Q: In a bailment for the sole benefit of the bailor, the bailee owes a very high duty of care.

Q: Zoning ordinances are implemented through a state or local government's police powers.

Q: Common carriers are not responsible for acts of God or of public enemies.

Q: Property is the legal right to exclude others from resources that are originally possessed or are acquired without force, theft, or fraud.

Q: Private property is a system of law under which the state recognizes and enforces an individual's rights to acquire, possess, use, and transfer scarce resources.

Q: The contract clause: A. applies to the federal government. B. allows a state to impose new prices on existing contracts. C. prohibits the federal government from contracting with a state government. D. limits a state's ability to impair the obligation of a contract. E. allows a state to enact laws that impact rights under existing contracts.

Q: Upon the death of a joint tenant, his interest automatically transfers to the other tenants.

Q: The concept of preemption applies to _____ and rules and regulations of federal administrative agencies. A. the exclusion clause B. the state clause C. local government D. state laws E. federal statutes

Q: Which of the following is true about preemption? A. When the federal government enacts laws in an area, state laws that conflict are retained. B. If a federal law preempts a subject; state law that attempts to regulate it is unconstitutional. C. Preemption does not apply to federal statutes. D. The concept of preemption arises from the contract clause. E. If a federal law preempts a subject; state law that attempts to regulate it is constitutional.

Q: Which of the following is true about the supremacy clause? A. State laws that conflict are incorporated when the federal government enacts laws in an area. B. If a federal law preempts a subject, a state law that attempts to regulate it is constitutional. C. It states that courts must interpret state and federal laws to see if they are in conflict. D. It is applied when the federal government is not acting in pursuit of its constitutionally authorized powers. E. It does not apply to the federal government.

Q: The Supreme Court reviewed a tax issued by the state of Alabama on a federally incorporated insurance organization. The Court found that if a state had the power to levy a tax on a federally incorporated institution, then the state had the power to destroy the federal institution. This would make the states superior to the federal government. Hence, the Court held that Alabama's tax on the insurance organization was unconstitutional. Which of the following supports the act of the Court? A. Supremacy clause B. Exclusion clause C. Strict scrutiny approach D. Minimum rationality approach E. Contract clause

Q: The concept of _____ recognizes that each level of government has a separate and distinct role to play. A. feudalism B. imperialism C. federalism D. statocracy E. fascism

Q: Which of the following is true about federalism? A. State government may limit the federal government's exercise of powers. B. Federalism refers to the common powers of the federal government and governments at the state and local levels. C. Federalism recognizes that all levels of government have interrelated roles. D. Federalism emphasizes that states do not have sovereignty. E. The federal government recognizes that it was created by the states.

Q: When various laws are not consistent, which of the following is given first priority? A. United States Constitution B. State laws C. Local laws D. United States laws E. Uniform State laws

Q: Under the _____, courts may be called upon to decide if a state law is invalid because it conflicts with a federal law. A. minimum rationality approach B. exclusion clause C. strict scrutiny approach D. supremacy clause E. contract clause

Q: Under the strict scrutiny test, a classification will be a denial of equal protection unless the classification is necessary to achieve a compelling state purpose.

Q: Quasi-strict scrutiny has resulted in holdings that find laws to be valid as well as unconstitutional.

Q: The _____ creates the Congress, the presidency and vice presidency, and the Supreme Court of the United States. A. Perpetual Union B. Articles of Association C. United States Charter D. United States Constitution E. Article of Confederation

Q: The separation of powers between levels of government is known as _____. A. feudalism B. federalism C. imperialism D. statocracy E. fascism

Q: The three significant concepts of the Constitution that create a strong centralized, federal government are the concept of separation of powers, the supremacy clause, and the _____. A. concept of federalism B. concept of imperialism C. overbreadth doctrine D. contract clause E. doctrine of preemption

Q: Libel cases compensate individuals for harm inflicted by defamatory printed falsehoods. TRUE A libel is used to recover damages as a result of printed defamation of character. Libel cases compensate individuals for harm inflicted by defamatory printed falsehoods.

Q: If a person involved in defamation is a public official or figure, a plaintiff seeking damages for emotional distress caused by offensive publications must prove actual malice in order to recover.

Q: Due process means that government may not act in a manner that is arbitrary, capricious, or unreasonable.

Q: The due process clause prevents public utilities from acting in an unreasonable manner.

Q: Under the minimum rationality approach, a classification must have a wholly arbitrary basis.

Q: A libel is used to recover damages as a result of transitory statements.

Q: The public interests served by freedom of expression protect the listener but not the speaker.

Q: If the press publishes that which is illegal or libelous, it has liability for doing so. TRUE

Q: The establishment clause and the free exercise clause guarantee freedom of religion through the separation of church and state.

Q: Freedom of speech relates to private action that restricts our ability to express ourselves.

Q: Freedom of speech is an absolute constitutional guarantee.

Q: Freedom of speech provides the freedom to express ideas antagonistic to those of the majority.

Q: Freedom of speech protects corporations as well as individuals.

Q: The extent of any limitation on a basic constitutional guarantee depends upon the nature of the competing public policy.

Q: Constitutional guarantees exist in order to remove certain issues from the political process and the ballot box.

Q: Constitutional rights remain constant and do not vary from time to time.

Q: The concept of preemption applies only to federal statutes, not to the rules and regulations of federal administrative agencies.

Q: The contract clause applies to the federal government in many ways.

Q: Under the contract clause, states cannot enact laws that impact rights and duties under existing contracts.

Q: The contract clause restricts the federal government's power to impact contractual relationships.

Q: The first ten amendments are known as the Bill of Rights.

Q: If a federal law preemptsa subject then any state law that attempts to regulate the same activity is constitutional under the supremacy clause.

Q: The federal government recognizes that states have no sovereignty.

Q: A conflict exists between a state law and a federal law if the state statute would prevent or interfere with the accomplishment and execution of the objectives of Congress.

Q: The Constitution emphasizes that federal law is supreme over a state law or local ordinance.

Q: Explain why gender has not been moved to the strict scrutiny analysis.

Q: List some of the cases that have applied the equal protection clause.

Q: The separation of powers between levels of government is known as federalism.

Q: The concept of federalism recognizes that all levels of government have interrelated roles to play.

Q: List the approaches applied by courts while using the equal protection clause.

Q: Explain the minimum rationality approach.

Q: Explain the strict scrutiny approach.

Q: Which approach should be used to cases involving classifications directed at fundamental rights?

Q: Explain the quasi-strict scrutiny approach.

Q: Explain the concept of actual malice. The threat of a libel suit could have a chilling effect on freedom of the press and on the public's rights to information. Hence, the law has a different standard for imposing liability when the printed matter concerns an issue of public interest and concern. If the person involved is a public official or figure, a plaintiff seeking damages for emotional distress caused by offensive publications must prove actual malice in order to recover. Actual malice includes knowledge that the printed statements are false or circumstances showing a reckless disregard for whether they are true or not. If the plaintiff is not a public figure or public official, there is liability for libelous statements without proof of malice.

Q: Explain the due process clause.

Q: Explain procedural due process cases.