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Q:
Which of the following is an example of a bailment?
A. babysitting your sisters child for the weekend
B. house-sitting for a friend over the weekend
C. feeding a neighbors dog by tossing food over the fence
D. borrowing a friends car for a day
E. losing your car keys in a restaurant
Q:
Ben lives in an apartment building next to a childrens park. He is in his apartment when a baseball flies in through the window and lands in his room. Which of the following statements is true of this scenario?
A. Ben must return the baseball to the owner immediately as it is not an object of great value.
B. Ben can keep the baseball because of the rule of first possession.
C. The owner of the apartment building must take the final decision as the baseball landed on his premises.
D. The owner of the baseball can exercise his right of eminent domain and claim the baseball.
E. The baseball must be turned over to police and can only be claimed after a week has passed.
Q:
Which of the following types of easement is also called easement by necessity?
A. negative easement
B. easement by prescription
C. easement by reservation
D. natural easement
E. functional easement
Q:
Ivanas car was stolen. The car needed some repairs and the thief, Donald, had the rearview mirror replaced as well as the muffler. Donald was apprehended and the car was returned to Ivana. In this scenario, which of the following is true?
A. Ivana owns the car but Donald owns the rearview mirror and muffler.
B. Ivana owns the car but must pay Donald for the rearview mirror and muffler.
C. Donald becomes the owner of the car due to accession.
D. Ivana owns the car and owes Donald nothing.
E. Donald and Ivana both own the car as both have contributed equally to the finished product.
Q:
In 2008, Donald gives Tony a life estate in one of his houses, specifying that upon the end of the life estate, the property is to go to Tonys son, Mike. Tony dies in 2012. In this scenario, which of the following statements is true?
A. If Donald is still alive, he may revoke the transfer to Mike and keep the property.
B. Mike gets a reversion interest in 2012.
C. Mike gets a remainder interest in 2012.
D. In 2012, Mike and Donald become joint tenants until Donalds death when Mike becomes the sole owner.
E. The property is held in trust until Mike comes of age.
Q:
List some of the cases that have applied the equal protection clause.
Q:
Which of the following statements is true about lost items?
A. The law distinguishes things that have been lost from things that have simply been mislaid.
B. The things that have been lost belong to the person who owns the premises where the item was lost.
C. The finder of a lost item becomes the owner of the item even before reducing it to possession.
D. The ownership is lost at the end of a statutory period for the finder of a lost item.
E. The assumption of knowledge about the original owner is irrelevant in determining the ownership of the mislaid item.
Q:
Josh borrows Amandas car to get to school. Josh is obligated to exercise ______.
A. the level of care imposed by Amanda
B. a reasonable duty of care
C. a slight duty of care
D. the level of care imposed by Amandas parents
E. a very high duty of care
Q:
Which of the following is a mutual benefit bailment?
A. renting a car
B. lending your car to a friend without receiving consideration
C. borrowing a car from a friend without paying consideration
D. buying a car
E. riding a bus
Q:
A(n) ______ means that an adjoining landowner cannot do anything that would cause your land to cave in or collapse, such as digging a ditch that would cause the land on your side to collapse.
A. easement by prescription
B. negative easement
C. mutual benefit bailment
D. eminent domain
E. accession
Q:
Briefly explain the strict scrutiny approach.
Q:
Which approach is used by courts in deciding cases using the equal protection clause involving classifications directed at fundamental rights?
Q:
Briefly explain the quasi-strict scrutiny approach.
Q:
Briefly explain why gender has not been moved to the strict scrutiny analysis.
Q:
State the concept of the incorporation doctrine.
Q:
Briefly explain the equal protection clause.
Q:
List the approaches applied by courts while using the equal protection clause.
Q:
Briefly explain the minimum rationality approach.
Q:
How are taking, public use, and just compensation determined in the context of the takings clause?
Q:
Briefly explain the due process clause.
Q:
Briefly explain procedural due process cases.
Q:
Briefly explain the takings clause of the Fifth Amendment to the U.S. Constitution.
Q:
What is meant by eminent domain?
Q:
Briefly explain the overbreadth doctrine.
Q:
Briefly explain the features of commercial speech.
Q:
Briefly explain the aspects of the freedom of the press.
Q:
What is libel?
Q:
Briefly explain the aspects of the right to possess guns as per the Second Amendment of the U.S. Constitution.
Q:
What is the primary purpose of the Fourteenth Amendment? List the three important clauses of the Fourteenth Amendment.
Q:
What are the four important aspects of amendments and basic protections?
Q:
Briefly describe the two clauses included in the concept of freedom of religion.
Q:
Briefly explain the features of freedom of speech.
Q:
When is a state law that limits picketing considered constitutional?
Q:
What is federalism?
Q:
Briefly explain the supremacy clause.
Q:
Briefly explain the concept of preemption.
Q:
Briefly explain the aspects of the contract clause.
Q:
List the basic concepts of the United States Constitution.
Q:
The meaning and application of the equal protection clause have been central issues in cases involving ______.
A. the right to possess guns
B. freedom of the press
C. the freedom of expression
D. the prohibition of following any establishment of religion
E. voting requirements
Q:
If the ______ test is used, the classifications are usually found to be unconstitutional under the equal protection clause.
A. strict scrutiny
B. quasi-strict scrutiny
C. traditional
D. rational-basis
E. minimum rationality
Q:
Minimum rationality tests are applied to cases involving ______.
A. race
B. national origin
C. legitimacy
D. marriage
E. gender
Q:
Strict scrutiny tests are applied to cases involving classifications based on ______.
A. height
B. legitimacy
C. marriage
D. age
E. gender
Q:
Which of the following classifications is subject to a rational-basis test?
A. legitimacy
B. gender
C. race
D. national origin
E. age
Q:
Which of the following classifications is most likely to be presumed valid under the minimum rationality approach?
A. voting rights
B. race
C. weight
D. legitimacy
E. gender
Q:
Which of the following statements is true of the strict scrutiny approach?
A. It is used if the classification is partially suspect.
B. It falls between the minimum and quasi-strict scrutiny approaches.
C. Classifications need to be permissible to achieve a state interest.
D. Classifications that are subject to this approach are presumed to be constitutional.
E. It is applied to cases involving classifications directed at fundamental rights.
Q:
The strict scrutiny approach is applied to cases involving rights such as the
A. right to possess guns.
B. right to travel.
C. right to follow any religion.
D. right to freedom of the press.
E. right to free speech.
Q:
Which of the following statements is true of the quasi-strict scrutiny tests?
A. When applying the quasi-strict scrutiny tests, the judiciary thoroughly scrutinizes laws directed at them.
B. The quasi-strict scrutiny tests are used if a classification has a reasonable basis and is not wholly arbitrary.
C. The quasi-strict scrutiny tests are used for cases involving fundamental constitutional rights.
D. The quasi-strict scrutiny tests are used for cases that fall between the minimum rationality and strict scrutiny approaches.
E. The quasi-strict scrutiny tests are used if a classification is perfectly suspect.
Q:
Quasi-strict scrutiny tests are used in cases involving classifications based on ______.
A. gender
B. age
C. race
D. national origin
E. legitimacy
Q:
A military institute in a particular state launched a separate program for women. However, the senior members of the program held that women would not be provided with the same type of rigorous military training, facilities, courses, faculty, financial opportunities, and alumni connections that were provided to male cadets. The women cadets of the program filed a suit in order to get justice. Which of the following approaches is most likely to be adopted in this case?
A. minimum rationality approach
B. strict scrutiny approach
C. quasi-strict scrutiny approach
D. indeterminate scrutiny approach
E. rational basis approach
Q:
Under the minimum rationality approach, a(n) ______ qualifies as a legitimate goal of government.
A. compelling state end
B. prohibited state end
C. irrational state end
D. permissible state end
E. wholly arbitrary state end
Q:
The ______ test is used if the classification involves either a suspect class or a fundamental constitutional right.
A. minimum rationality
B. quasi-strict scrutiny
C. rational basis
D. prior restraints
E. strict scrutiny
Q:
Classifications directed at race, national origin, and legitimacy of birth are ______.
A. suspect classes
B. quasi-suspect classes
C. considered illegitimate
D. intermediate classes
E. presumed valid
Q:
Valencia secures a good grade with a 4.0 GPA in her admission test. However, she is denied admission by a community college. She files a suit stating that she was discriminated on the basis of race. She claims that she was rejected because the college used race as an important factor, giving applicants belonging to minority groups a greater chance for admission than students with similar credentials belonging to disfavored racial groups. In deciding this case using the equal protection clause, which of the following approaches is most likely to be used by courts?
A. the minimum rationality approach
B. the strict scrutiny approach
C. the maximum rationality approach
D. the intermediate scrutiny approach
E. the quasi-scrutiny approach
Q:
Which of the following statements is true of the minimum rationality approach?
A. A permissible state end is one that is prohibited by at least one provision of the Constitution.
B. Under this approach, a permissible state end is one that qualifies as an ethical, not necessarily reasonable, goal of government.
C. A permissible state end is not prohibited by another provision of the Constitution.
D. A permissible state end does not qualify as a legitimate goal of government.
E. Under this approach, a law creating different classifications will survive if it has no connection to a permissible state end.
Q:
Which of the following statements is true of the due process clause?
A. It prevents individuals from acting in an unreasonable manner.
B. It describes the principle of sovereignty of government organizations.
C. It is stated in the Second Amendment of the U.S. Constitution.
D. It does not prevent private corporations from acting in an arbitrary manner.
E. It allows the government to condemn and take specific private resources for money under the power called eminent domain.
Q:
______ cases involve whether proper notice has been given and a proper hearing has been conducted.
A. Equal protection clause
B. Contract clause
C. Exclusion clause
D. Limitation clause
E. Procedural due process clause
Q:
The concept of incorporation through the ______ has made the protections of the Bill of Rights applicable to individuals subject to state and local regulations.
A. supremacy clause
B. contract clause
C. due process clause
D. limitation clause
E. exclusion clause
Q:
The Second Amendment consists of the ______.
A. right to free speech
B. right to free publishing
C. right to possess guns
D. right to respect any establishment of religion
E. right to free commercial speech
Q:
The ______ of the Fifth Amendment to the Constitution allows the government to condemn and take specific private resources for money under the power called eminent domain.
A. takings clause
B. supremacy clause
C. contract clause
D. exclusion clause
E. due process clause
Q:
The takings clause of the Fifth Amendment to the Constitution allows
A. courts to decide whether the possession of a gun by an individual is valid or unnecessary.
B. federal government to impact contractual relationships between companies.
C. courts to decide if a state law is invalid or unconstitutional because it conflicts with a federal law or a policy of a federal institution.
D. government to take specific resources away from private owners for public use upon the payment of just compensation.
E. federal government to regulate business activity under foreign and interstate commerce.
Q:
The courts have generally defined just compensation in terms of
A. market value of a specific resource.
B. social welfare value of a specific resource.
C. the duration taken to settle a resource ownership dispute by due process of law.
D. the need of a specific resource to the public.
E. the number of years a specific resource is in possession of a private party.
Q:
______ means that the government may not act in a manner that is arbitrary, capricious, or unreasonable.
A. Eminent domain
B. Contract clause
C. Exclusion clause
D. Just compensation
E. Due process
Q:
Which of the following statements is true of commercial speech?
A. Commercial speech is currently not protected by the First Amendment.
B. Commercial speech has been protected by the First Amendment since the inception of the Bill of Rights.
C. The public interests served by freedom of expression protect the speaker but not the listener.
D. Freedom of speech for corporations may not be as extensive as the right of an individual.
E. Freedom of speech for corporations cannot be limited by the government under any circumstance.
Q:
Hot Hogs Corporation, an international hotdog eatery, produces a misleading television advertisement, which shows that one hotdog of Hot Hogs contains only 30 grams of fat. A consumer organization, a group that protects consumers from corporate exploitation, files a complaint with a federal institution which in turn issues an order prohibiting Hot Hogs from making such statements about its products without scientific evidence. This instance of regulation on advertising about food products is an example of a limitation on ______.
A. the right to establishment
B. individual speech
C. overbreadth doctrine
D. commercial speech
E. the freedom of thought
Q:
Which of the following statements is true of freedom of the press?
A. It is an absolute constitutional guarantee.
B. It refers to the right of the press to print anything it wants with liability.
C. Its preservation cannot be sought through constitutional protections.
D. It excludes communication and expression through electronic media.
E. It is usually construed to prohibit prior restraints on publications.
Q:
______, a tort theory, is used to recover damages as a result of printed defamation of character.
A. Slander
B. Embezzlement
C. Libel
D. Battery
E. Larceny
Q:
Gerard works for a weekly magazine in the state of California. He is held responsible for publishing an article that falsely accuses the governor of the state. In this case, Gerard is most likely to be accused of ______.
A. libel
B. battery
C. slander
D. larceny
E. embezzlement
Q:
Libel cases compensate individuals for harm inflicted by ______.
A. physical assault
B. battery
C. printed defamatory falsehoods
D. trespassing on private poverty
E. forgery
Q:
An airport authority resolution declared the central terminal area not open for First Amendment activities. The resolution was unconstitutional under the First Amendment ______.
A. strict liability doctrine
B. overbreadth doctrine
C. implied power doctrine
D. plain view doctrine
E. abstention doctrine
Q:
Which of the following statements is true of freedom of speech?
A. It covers both verbal and written communications.
B. It solely exists to protect popular ideas.
C. Its protection relates to private action.
D. It is possible to challenge a statute limiting speech only if a persons own speech is prohibited.
E. It does not cover conduct or actions considered symbolic speech.
Q:
A school prohibits its students from praying even during breaks. It also prohibits its students from forming prayer groups. In this case, which of the following clauses of the First Amendment is the school most likely to violate?
A. the free exercise clause
B. the establishment clause
C. the supremacy clause
D. the takings clause
E. the presentment clause
Q:
Nelly and Mario are graffiti artists who belong to a minority community. They create designs and paintings depicting social issues that affect their community. They make sure their artwork is not obscene and does not incite a hateful reaction. They exhibit their art pieces at art shows. In this case, which of the following First Amendment protections is applied to the actions of Nelly and Mario?
A. freedom of the press
B. freedom of religion
C. freedom of speech
D. establishment clause
E. free exercise clause
Q:
The ______ is most likely to be applied when the legislators have gone too far in seeking to achieve a goal.
A. overreaching doctrine
B. overstretching doctrine
C. overextension doctrine
D. overbreadth doctrine
E. doctrine of nullification
Q:
A zoning ordinance holds that writing anything on both public and private properties, including ones own private property, is a crime. This law is most likely to be unconstitutional based on the ______.
A. overreaching doctrine
B. overstretching doctrine
C. overextension doctrine
D. doctrine of nullification
E. overbreadth doctrine
Q:
Which of the following statements is true of the contract clause?
A. It applies to the federal government.
B. It allows a state to impose new prices on existing contracts.
C. It prohibits the federal government from contracting with a state government.
D. It does not restrict the federal governments power to impact contractual relationships.
E. It allows a state to enact laws even if they impact rights under existing contracts.
Q:
Snow Crystals Inc., a leading construction company, has constructed a skate park on government land after signing a leasing agreement with the state government. A few years later, the state authority sanctioned the Nightingale Bridge Company to build a bridge that would use the land where the skate park is already constructed. The proprietors of Snow Crystals claim that the state authority has violated the leasing agreement. Which of the following is most likely to be applied in this case between Snow Crystals Inc. and the state government?
A. the preemption doctrine
B. the state clause
C. the contract clause
D. the overbreadth doctrine
E. the supremacy clause
Q:
Which of the following statements is true of amendments and basic protections?
A. Basic constitutional rights are absolute.
B. Constitutional rights do not vary from time to time.
C. Constitutional rights may be narrowly interpreted during emergencies such as war.
D. Constitutional principles are not reapplied and reexamined during peacetime.
E. Constitutional guarantees exist to protect the majority from the minority.
Q:
Which of the following clauses states that Congress shall make no law respecting an establishment of religion?
A. the due process clause
B. the supremacy clause
C. the commercial clause
D. the takings clause
E. the establishment clause
Q:
Which of the following statements is true of the supremacy clause?
A. Under this clause, it is immaterial that a state did not intend to frustrate the federal law if the state law in fact does so.
B. Under this clause, state laws decide the validity of the laws passed by Congress.
C. This clause gives priority to U.S. laws when various laws are not consistent.
D. The application of this clause is traditionally limited by the district courts.
E. This clause prohibits states from enacting laws that impact rights and duties of companies under the existing companies contracts.
Q:
A state law imposed additional restrictions on companies in hiring foreign workers. The Supreme Court held that the state law violated the federal immigration law and declared the law unconstitutional. In this case, which of the following supports the act of the Court?
A. the supremacy clause
B. the exclusion clause
C. the strict scrutiny approach
D. the minimum rationality approach
E. the contract clause