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Q:
A certain state in the U.S. declares that its citizens should only wear "modest" clothing. Which of the following conclusions is made when this law is tested for substantive due process?
A) unconstitutional for compulsion
B) invalid for violation of Equal Protection Clause
C) void for vagueness
D) invalid for violating freedom of expression
Q:
A(n) ________ test is applied to classifications of people based on a suspect class.
A) strict scrutiny
B) intermediate scrutiny
C) rational basis
D) cogent basis
Q:
Vanessa was born to American parents from a minority group in Miami. She applies to a public university which offers scholarships only to students from minority groups. Which of the following standards of review is used to decide if the university violates the Equal Protection Clause by offering Vanessa the scholarship?
A) rational basis
B) intermediate scrutiny
C) strict scrutiny
D) cogent basis
Q:
The lawfulness of government classifications based on a protected class is examined using a(n) ________ test.
A) strict scrutiny
B) intermediate scrutiny
C) rational basis
D) cogent basis
Q:
An organization provides six months of maternity leave to its female employees, whereas its male employees can avail paternity leave for a maximum of two weeks. Which of the following tests is used to examine the lawfulness of this classification?
A) rational basis
B) intermediate scrutiny
C) strict scrutiny
D) cogent basis
Q:
The lawfulness of all government classifications that do not involve suspect or protected classes is examined using a(n) ________.
A) strict scrutiny test
B) intermediate basis test
C) due process test
D) rational basis test
Q:
Which of the following is a form of unprotected speech?
A) offensive speech
B) defamatory language
C) commercial speech
D) political speech
Q:
Advertising is categorized as ________ speech.
A) fully protected
B) limited protected
C) uncensored
D) unprotected
Q:
The ________ prohibits the government from promoting one religion over another.
A) Due Process Clause
B) Privileges Clause
C) Establishment Clause
D) Free Exercise Clause
Q:
The ________ Clause prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions.
A) Due Process
B) Privileges
C) Establishment
D) Free Exercise
Q:
Which of the following amendments to the U.S. Constitution contains the Due Process, Equal Protection, and Privileges and Immunities Clauses?
A) the Twelfth Amendment
B) the Thirteenth Amendment
C) the Fourteenth Amendment
D) the Fifteenth Amendment
Q:
Kingsland is a country that has been exporting apples to the United States for over a century, shipping 300 tons to Georgia each month. However, last month, Kingsland violated a trading norm which was not condoned by Georgia. Which of the following measures should be taken to regulate apple imports from Kingsland?
A) Georgia can stop trading with Kingsland after serving a notice.
B) Georgia can stop trading with Kingsland without serving a notice.
C) Georgia can appeal to the federal authority which can stop imports from Kingsland.
D) Georgia can make Kingsland export its apples to North Carolina.
Q:
The first ten amendments to the U.S. Constitution are collectively known as the ________.
A) Due Process Clause
B) Privileges Clause
C) Bill of Rights
D) Articles of Confederation
Q:
Which of the following statements is true about the freedom of speech guaranteed by the Bill of Rights?
A) The Freedom of Speech Clause was added to the Constitution in the third amendment.
B) The Freedom of Speech Clause protects speech only, not conduct.
C) There is no provision for fully protected speech in the Constitution.
D) Burning the American flag in protest to a federal government military action is in violation of the Freedom of Speech Clause.
Q:
Jerome wears a t-shirt that bears a picture of the current U.S. president. Under this picture, there are words which imply that the President is doing a bad job of running the country. In accordance to the Freedom of Speech Clause, which of the following is valid?
A) Criticizing the current president is fully protected speech and Jerome cannot be prosecuted.
B) Jerome could be arrested as his t-shirt violates the Freedom of Speech doctrine.
C) Jerome wearing that t-shirt is an instance of limited protected speech.
D) Wearing that t-shirt makes Jerome liable for prosecution on the basis of defamatory language.
Q:
A group of students organizing a protest march would be an instance of ________ speech.
A) limited protected
B) prohibited
C) unprotected
D) fully protected
Q:
Which of the following is a form of limited protected speech?
A) defamatory language
B) speech that incites the violent or revolutionary overthrow of the government
C) dangerous speech
D) offensive speech
Q:
Which of the following statements is true of the Supremacy Clause of the U.S. Constitution?
A) A particular federal statute cannot exclusively regulate a specific area or activity.
B) Any state or local law that "directly and substantially" conflicts with valid federal law is preempted.
C) A particular federal statute can expressly provide for exclusive jurisdiction.
D) Any state or local law that "directly and substantially" conflicts with valid federal law is held valid until such a time that the relevance of the federal law is tested and held in harmony with the cultural diversity in the state.
Q:
Santo belongs to the Eliok tribe in an Indian reservation in southern Nevada. He wants to open a casino in the reservation. However, the state authority denies the tribe permission to open a casino in its own territory. Which of the following permits the tribe to bring suit in federal court and force the state to comply?
A) Establishment Clause
B) Indian Gaming Regulatory Act
C) Dormant Commerce Clause
D) Indian Reorganization Act
Q:
Which of the following statements is true of the United States' Foreign Commerce Clause?
A) Regulation of foreign commerce by state governments is unconstitutional.
B) A state can enact a law that forbids a foreign country from doing business in that state, if that country engages in activities that are not condoned by that state.
C) Direct regulation of foreign commerce by the federal government violates the Commerce Clause.
D) State government is only permitted to regulate foreign trade indirectly.
Q:
Fierra Inc. is a German automobile manufacturer that has a 5 percent market share in the United States' automobile market. The company has a unit in North Carolina that imports Fierra automobiles from its parent company in Germany and assembles them. Which of the following measures is in accordance with U.S.A.'s Foreign Commerce Clause?
A) The government of North Carolina imposes an additional ten percent tax on Fierra cars.
B) The government of Georgia bans the sale of Fierra cars.
C) The government of North Carolina asks Fierra Inc. to shut down its import unit in the state.
D) The federal government imposes an additional 100 percent tax only on Fierra cars being sold in North Carolina.
Q:
Which of the following statements is true of states' police power?
A) Police power restricts states from regulating inter-state commerce, although it happens within their borders.
B) The states are allowed to regulate army activities within their borders.
C) They are given the authority to enact laws that regulate the conduct of business.
D) The police force of a state is controlled by the federal police department.
Q:
Which of the following is enacted under state police power?
A) personal property laws
B) intellectual property laws
C) corporate governance laws
D) equal opportunity laws
Q:
The legislative branch of the U.S. federal government is ________.
A) monocameral
B) bicameral
C) tricameral
D) polycameral
Q:
The ________ is responsible for making federal law.
A) President
B) state government
C) legislative branch
D) Supreme Court
Q:
Why have checks and balances been built into the U.S. Constitution?
A) to keep a check on the number and frequency of amendments made to the Constitution
B) to ensure the judiciary is not biased or corrupt
C) to prevent any one of the three branches of the government from becoming too powerful
D) to ensure that people of all races and ethnicities are uniformly represented
Q:
The ________ provides that federal law takes precedence over state or local law.
A) preemption doctrine
B) Bill of Rights
C) Due Process Clause
D) Free Exercise Clause
Q:
Which of the following is established by the Supremacy Clause of the U.S. Constitution?
A) The President is the supreme and sovereign head of the United States.
B) The legislative branch of the federal government is the supreme law-making authority in the country.
C) The judiciary is the supreme law-enforcing authority and cannot be influenced by anyone, however powerful, in any manner.
D) The U.S. Constitution and federal treaties, laws, and regulations are the supreme law of the land.
Q:
Substantive due process requires that that the government give a person proper notice and hearing of legal action before that person is deprived of his or her life, liberty, or property.
Q:
The Privileges and Immunities Clause prohibits states from enacting laws that unduly discriminate in favor of their residents.
Q:
The ________ was a document that restricted the newly created U.S. federal government from levying and collecting taxes, regulating commerce with foreign countries, and regulating interstate commerce.
A) U.S. Constitution
B) Declaration of Independence
C) Bill of Rights
D) Articles of Confederation
Q:
Reserved powers are given to the ________ by the Constitution.
A) federal government
B) judiciary
C) state governments
D) U.S. Congress
Q:
Jintopia is a country in which the federal government and the twelve state governments share powers. The form of government in Jintopia is ________.
A) anarchism
B) federalism
C) unitary
D) confederalism
Q:
Intermediate scrutiny test is applied to classifications based on a protected class other than race.
Q:
Advertising is categorized as limited protected speech.
Q:
Speech that is offensive to many members of the society, but is not obscene or violent, is held "unprotected" by the U.S. Supreme Court.
Q:
The Supreme Court has held that the content of offensive speech may not be forbidden but that it may be restricted by the government.
Q:
The Establishment Clause guarantees that there will be no state-sponsored religion.
Q:
The Equal Protection Clause of the Fourteenth Amendment provides that a state cannot promote one religion over other religions.
Q:
The Equal Protection Clause makes the classification of individuals based on their race unlawful.
Q:
State governments do not have the power to regulate commerce with foreign nations.
Q:
If the federal government has chosen not to regulate an area of commerce despite possessing the Commerce Clause powers to regulate it, the area is subject to Dormant Commerce Clause.
Q:
The power to regulate interstate commerce lies exclusively with the federal government.
Q:
Police power permits states and local governments to enact laws to protect or promote the public health, safety, morals, and general welfare.
Q:
The First Amendment's Freedom of Speech Clause protects both speech and conduct.
Q:
Lila, a newspaper columnist from Chicago, is unhappy with the soaring price of fuel in the U.S. She publishes an article that criticizes the government's refusal to offer gasoline at a subsidized price. This is an example of fully protected speech.
Q:
Checks and balances built into the Constitution ensure that amendments to the Constitution are not contradictory to existing laws.
Q:
The Due Process Clause of the U.S. Constitution grants Congress the power "to regulate commerce with foreign nations, and among the several states, and with Indian tribes."
Q:
The United States considers Native American tribes as "domestic dependent" nations with limited sovereignty.
Q:
The concept of federal law taking precedence over state or local law is called the preemption doctrine.
Q:
The Supremacy Clause establishes that the fundamental legal and political authority is vested in the citizens of the U.S.A.
Q:
An answer is the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff.
Q:
If the defendant does not answer the complaint, a default judgment is entered against him or her.
Q:
The primary purpose of the Constitutional Convention of 1787 was to limit the power of the federal government and restrict it from levying or collecting taxes.
Q:
In federalism, the federal government and the state governments share powers.
Q:
When the states ratified the Constitution, they delegated certain powerscalled enumerated powersto the federal government.
Q:
Reserved powers are delegated to the judiciary by the President of the United States.
Q:
The House of Representatives has the power to impeach the President for certain activities, such as treason, bribery, and other crimes.
Q:
A(n) ________ is a hearing before a trial in order to facilitate the settlement of a case.
Q:
The process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions is called ________.
Q:
Only the ________ can appeal in a criminal case.
Q:
________ is a form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute.
Q:
A(n) ________ is a voluntary private proceeding in which lawyers for each side present a shortened version of their case to the representatives of both sides.
Q:
The paperwork that is filed with the court to initiate and respond to a lawsuit is referred to as the pleadings.
Q:
A class action is a court order directing the defendant to appear in court and answer the complaint.
Q:
________ asserts that there are no factual disputes to be decided by the jury and that the judge should apply the relevant law to the undisputed facts and decide the case.
Q:
A(n) ________ establishes the period during which a plaintiff must bring a lawsuit against a defendant.
Q:
A(n) ________ is oral testimony given by a party or witness prior to trial.
Q:
The deposition of a(n) ________ can be given voluntarily or pursuant to a court order.
Q:
________ alleges that if all the facts presented in the pleadings are taken as true, the party making the motion would win the lawsuit when the proper law is applied to these asserted facts.
Q:
The process of bringing, maintaining, and defending a lawsuit is called ________.
Q:
The ________ is the party who files a complaint.
Q:
A defendant who believes that he or she has been injured by the plaintiff can file a ________ against the plaintiff.
Q:
The act of others to join as parties to an existing lawsuit is termed as ________.
Q:
The act of a court to combine two or more separate lawsuits into one lawsuit is termed as ________.
Q:
A lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit against a defendant is known as ________.
Q:
Briefly explain the steps involved in the pretrial litigation process.
Q:
Why are pretrial hearings necessary, especially if both parties have pursued the lawsuit with full knowledge?
Q:
Differentiate between trials with and without jury.
Q:
What can a party to a lawsuit do if he or she is displeased with the trial court's judgment?