Exam 1 Questions

Question 1

In criminal cases, prosecutors have to prove their cases by the preponderance of the available evidence as presented before a jury.y
TRUE
FALSE

Answer 1

FALSE

Question 2

At least in theory, Congress can regulate every commercial enterprise in the United States.

True
False

Answer 2

True

Question 3

When there is a direct conflict between a federal and a state law, the state law is rendered invalid.

True
False

Answer 3

True

Question 4

The Bill of Rights protects individuals against types of interference by the federal government

True
False

Answer 4

True

Question 5

The First Amendment protects corporate political speech.

true or false

Answer 5

true

Question 6

The establishment clause of the U.S. Constitution prohibits the federal government from establishing a state-sponsored religion.

true or false

Answer 6

true

Question 7

A law that has any impact on religion is unconstitutional.

true or false

Answer 7

false

Question 8

The Financial Institutions Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include banks. Under the Constitution, Congress

a.administers the laws.
b.
enforces the laws.
Answer c.
interprets the laws.
d
makes the laws.

Answer 8

d
makes the laws.

Question 9

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that

a. Congress writes checks and the other branches balance the budget.
b. each branch has some power to limit the actions of the others.
c. the courts balance their authority to the other branches’ checklists.
d.the president “checks” the courts, which “balance” the laws.

Answer 9

b. each branch has some power to limit the actions of the others.

Question 10

South Dakota, like other states, may regulate private activities to protect or promote the publiction order, health, safety, and general welfare under

a.
the state’s police powers.
b
Answer the dormant commerce clause.
C.
the due process clause.
d.
the free exercise clause.

Answer 10

a.
the state’s police powers.

Question 11

Tamys lasty Tacos, a fast food outfit, files a suit against the state of T’exas, Claming that a Texas state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on

a local government.
b. interstate commerce.
C. noneconomic activity.
d.the state.

Answer 11

b. interstate commerce.

Question 12

The system of checks and balances in the US. Constitution allows each branch of goverment to limit the actions of the other branches.

True
False

Answer 12

True

Question 13

Speech can be subject to reasonable restrictions.

True
False

Answer 13

True

Question 14

If a restriction imposed by the government is content neutral, then a court will not allow it.

true
False

Answer 14

False

Question 15

The United States Supreme Court has held that a constitutional right to privacy is implied by
several of the amendments in the Bill of Rights.

True
False

Answer 15

True

Question 16

Generally, given the broad language of the Constitution, the line between state and national powers is often determined by

a-congress
b-courts

Answer 16

b-courts

Question 17

The legislative branch can enact a law, but the executive branch has the constitutional auhority to

a.
advise the Senate.
b
veto that law.
C.
determine the jurisdiction.
d.
regulate commerce.

Answer 17

b
veto that law.

Question 18

Under the U.S. Constitution, Congress has the power to regulate
a.
every commercial enterprise in the United States.
b
only intrastate commercial enterprises.

c.
only local commercial enterprises.
d.
only non-commercial activities.

Answer 18

a.
every commercial enterprise in the United States.

Question 19

Leah, a citizen of Maine, obtains a federal license to operate a commercial fishing boat in a certain area off the Maine coast. The Maine state legislature enacts a law that bans all commercial fishing in that area. Most likely, the state law violates

a.
no provision in the U.S. Constitution.
b
the Commerce Clause.
c.
the Due Process Clause.
d.
the Supremacy Clause.

Answer 19

d.
the Supremacy Clause.

Question 20

The state of Ohio can regulate building contractors and building codes in the state under its

a.
police powers.
b
system of checks and balances.
C.
entitlement to full faith and credit.
d.
commerce power.

Answer 20

a.
police powers.

Question 21

Nick, the chief executive officer of On/Off, Inc., a website for short rants, claims that certain government actions infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been helNick, the chief executive officer of On/Off, Inc., a website for short rants, claims that certain government actions infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit

a. only the power of the federal government.
b.federal and state actions.
C.only the claims of individuals.
d. only the conduct of the states.

Answer 21

b.federal and state actions.

Question 22

Rita, a follower of a certain religion, posts a podcast on the Sabbath/ website in which she insists that Congress base all federal law on her religious principles. Under the First Amendment, Rita is guaranteed

a.The power to delegate her view to the federal government.
b.The right to fair payment for her podcast.
C. The right to a review of her opinion in due process
d. the freedoms of religion of speech

Answer 22

d. the freedoms of religion of speech

Question 23

The Bill of Rights embodies

a. a series of protections for the individual against government action.
b.
Answer payment in the form of taxes by business entities to obtain certain rights.
C.
the privileges and immunities of the citizens in several states.
d.
rights established under deeds, wills, contracts, and similar instruments.

Answer 23

a series of protections for the individual against government action.

Question 24

The members of Citizens Aware believe that a recently enacted federal law is unconstinational. They write and sign a petition to the govemment to repeal the law, refuse to obey it, and stop others from complying with it. Under the First Amendment, these individuals have a right to

a.
petition the goverment.
b.
Answer
refuse to obey any law with which they disagree.
DAD
C.
stop others from complying with any law.
d.
None of the choices.

Answer 24

a.petition the government.

Question 25

Lake City enacts an ordinance that bans the distribution of all printed materials on city streets. Mackensie opposes the city’s latest “revenue-enhancing” measure and wants to protest by distributing handbills. In her suit against Lake City, a court would likely hold the ban on printed materials to be

a.
constitutional under the First Amendment.
b.
not subject to the U.S. Constitution.
Answer
C.
unconstitutional under the Commerce Clause.
d.
unconstitutional under the First Amendment.

Answer 25

d.
unconstitutional under the First Amendment.

Question 26

George burns an American flag in his backyard. He films his actions and posts the video on YouTube.com. George’s actions are

a expressly prohibited by the U.S. Constitution.
b. protected by the First Amendment of the U.S. Constitution.
c. considered to be a form of treason.
d. illegal in some states.

Answer 26

b. protected by the First Amendment of the U.S. Constitution.

Question 27

petro energy corporation expresses opinions on political issues through its financial contributions to political action committees and other groups. Under the first amendment, petro’s “expression” is most likely…

a. discouraged
b. prohibitied
c. protected
d. prescribed

Answer 27

c. protected

Question 28

The rights secured by the Bill of Rights are

a.
not absolute.
b
absolute.
C.
sovereign
d.
supreme.

Answer 28

a.
not absolute.

Question 29

A restriction on commercial speech will be considered valid as long as it

a- seeks to implement a substantial government interest.

b. directly advances that interest.

c. goes no further than necessary to accomplish its objective.
d.
All of these choices.

Answer 29

d. All of these choices.

Question 30

religious displays on public property having historical as well as religious significance

a-violate the Establishment Clause.
b-do not necessarily violate the Establishment Clause.
c-violate the Free Exercise Clause.
d-do not necessarily violate the Free Exercise Clause.

Answer 30

b-do not necessarily violate the Establishment Clause.

Question 31

For a goverment law or policy to be constitutional, it must not have the primary effect of
a.
invading an individuals’ privacy.
b.
promoting or inhibiting religion.
C.
violating of corporations’ rights to certain privileges.
d.
None of these choices.

Answer 31

d.
None of these choices.

Question 32

Due process applies to legal persors such as
a.
corporations.
b.
individuals.
C.
Both a and b.
d.
Neither a nor b.

Answer 32

C.
Both a and b.

Question 33

Procedural due process requires that any government decision must be made fair to
a.
life.
b
liberty.
c
property.
d.
All of these choices.

Answer 33

d.
All of these choices.

Question 34

River City enacts an ordinance that prohibits all advertising on the sides of trucks. A court
would likely review this ordinance under the principles of

a-
equal protection.
b.
free exercise.
“c.
interstate commerce.
d.
due process

Answer 34

d. due process

Question 35

To reduce traffic, Market Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of

a.
equal protection.
b.
free exercise.
C.
interstate commerce.
d.
free speech.

Answer 35

a.
equal protection.

Question 36

Marie claims that a Nebraska state statute infringes on her “procedural due process” rights.This claim focuses on

a.
procedures used in making decisions to take life, liberty, or property.
b.
Answer the content of the statute.
C.
the treatment of similarly situated individuals.
d.
the steps to be taken to protect Marie’s privacy.

Answer 36

a.
procedures used in making decisions to take life, liberty, or property.

Question 37

John, a law enforcement official, monitors Kelsey’s Internet activities e-mail and website vists to gain access to her personal financial data and student information. This may violate Kelseys right to

a-privileges and immunities.
b.privacy.
c-free speech.
d.
free exercise.

Answer 37

b.privacy.

Question 38

Jared claims that a Kentucky state statute infringes on his “substantive due process” right
This claim focuses on

a. procedures used to make decisions to take life, liberty, or property.
b. the content of the statute.
С. the treatment of similarly situated individuals.
d. the steps to be taken to protect Jared’s privacy.

Answer 38

b. the content of the statute.

Question 39

VidGames, Inc., markets a variety of shooting, fighting, and hunting video games. A state statue is enacted to require all game makers to label any games with an option to kill something as “excessively violent.” A court would likely hold this regulation to be
a.
an unconstitutional restriction of speech.
b.
constitutional under the First Amendment.
C.
justified by the need to protect individual rights.
d.
necessary to protect national interests.

Answer 39

a.
an unconstitutional restriction of speech.

Question 40

It is almost impossible for a law or action to fail the “rationality” test.

True
False

Answer 40

True

Question 41

A federal law regarding the labeling of pesticides directly conflicts with a state law. The state law will be rendered invalid due to
а.
the supremacy clause.
b.
Answer the commerce clause.
C.
the federal spending power.
d.
the First Amendment.

Answer 41

а.
the supremacy clause.

Question 42

A law that has any impact on religion is unconstitutional

True
False

Answer 42

False

Question 43

A law that limits only some persons exercise of a fundamental right is valid under any circumstances

True
False

Answer 43

False

Question 44

A law that limits the liberty of all persons may violate substantive due process.

True
False

Answer 44

true??

Question 45

A restriction on commercial speech is valid as long as it forbids only the expression of views
on controversial issues.

True
False

Answer 45

False

Question 46

Adult Shoppe in Bay City sells a variety of publications, including child pornography. Bay City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely
a.
an invalid restriction of individuals’ privacy.
b.
an unconstitutional restriction of speech.
Answer
C.
a violation of adults’ rights to enjoy certain privileges.
d.
constitutional under the First Amendment.

Answer 46

d.constitutional under the First Amendment.

Question 47

Antonin, a federal judge, retires. The vacant position will be filled by a judge

a.appointed by the United States Supreme Court.
b.elected by voters.
C.appointed by the President.
d.appointed by Congress.

Answer 47

C.appointed by the President.

Question 48

Bailey, the president of Carmichael Commodities Company, claims that certain actions by federal government and by the state of Delaware infringe on rights guaranteed by the Bill of rights. All of these rights limit

а.
neither Delaware nor the federal government.
b.
the federal government only.
C.
Delaware and the federal government.
d.
Delaware only.

Answer 48

b. the federal government only.

Question 49

Beachside City enacts an ordinance that bans the distribution of all printed materials on city
streets. Carl opposes the city’s latest “revenue-enhancing” measure and wants to protest by distributing handbills. In his suit against the city, a court would likely hold the printed-materials
ban to be

а.
an unconstitutional restriction of speech.
b.
constitutional under the First Amendment.
С.
justified by the need to protect individual rights.
d.
necessary to protect national interests.

Answer 49

а.
an unconstitutional restriction of speech.

Question 50

Because the constitution does not specifically a right to privacy, this right is denied to people

True
False

Answer 50

False

Question 51

abeds boss came into his office late on a friday afternoon and said he wanted abed to complete a new project from scratch over the weekend. abed had previously informed his boss that he would be attending a family reunion that weekend, so he wanted to clear his desk before leaving on friday. abeds boss said it didnt matter that he had made plans because the job came first. abed said loudly to his boss, “ i know for a fact that your the worst boss in this entire company!” Based on these facts, abeds boss could win a lawsuit for defamation.

true
false

Answer 51

false

Question 52

Barbara is selling her car. She knows that the brakes do not work. When a potential buyer asks Barbara if there are any problems with the car, Barbara assures the buyer that there are no problems. The buyer purchases the car based on the assurance that there is nothing wrong with it. The buyer may be able to sue
Barbara for

assault
b-defamation
c-fraudulent misrepresentation
d-appropriation

Answer 52

c-fraudulent misrepresentation

Question 53

Barnett got into a loud political discussion while dining with his friend Nick at a busy D.C. restaurant. A nearby restaurant patron, Jess, heard them talking and violently disagreed with the views Barnett was espousing. She eventually became so angry that she grabbed her purse and swung it as hard as she could at Bamett’s head. She had forgotten that she had several rolls of quarters in her bag, and she was shocked to see the gash in Barnett’s head, which required 37 stitches and caused a concussion. In this case, Barnett will likely sue for:

a. damages that will cover the cost of his medical bills.
b. a court order asking that Jess serve time in prison for assault and battery
c-puniitive damages for intentional tort
d-punitive damage for gross negligence

Question 54

Congress passes a law establishing the Joint Agency on Antitrust Competitiveness. If the agency restricts certain industry practices, and the industry groups sue the agency alleging that Congress could not empower the agency to enforce its rules, a court would likely rule that.

a. the associated doctrine of Congressional rulings empowers the agency to enforce its rule
b. the Chevron doctrine would not apply to the case
c. the delegation doctrine empowers Congress to establish an agency that can enforce valid rules
d. the Constitution bars Congress from passing laws that impose more costs on industries than they offer benefits to society

Answer 54

c. the delegation doctrine empowers Congress to establish an agency that can enforce valid rules

Question 55

In 1990 Congress enacted the Protect the Seals Act, which allowed the US. Coast
Guard to arrest individuals accused of hunting seals for sport. The penalty for violating this law was a $500 fine. The next year the State of California enacted its com protect the seals act, and it provided for a fine of 85,000 and up to a year in jail. The federal law does not explicitly say that it is preempting state law, so in reviewing the statutes the courts would determine

a. whether the state lan penalty is so severe it shocks the conscience
b. whether Congress intends to exercise exclusive power over seal hunting
c. whether the California law was within the state’s police power
d. whether seals as a species ase wont imposing both monetary foes and jat
time.

Answer 55

b. whether Congress intends to exercise exclusive power over seal hunting

Question 56

In Gibbons v. Ogden, Robert Fulton and Robert Livingston secured a monopoly from the New York legislature on steam navigation in the waters of the State of New York, and this extended to interstate waters. Thomas Gibbons already operated a ferry between New York and New Jersey, but his license was granted by the federal government. The New York state courts prohibited Gibbons from operating his ferry. What answer best describes the U.S. Supreme Cout’s decision in the case:

a. the Commerce Clause does not include all commercial intercourse
b. the Commerce Clause does not include navigation across waters between states
c. the Commerce Clause applies to commerce that substantially affects interstate
commerce
d. Gibbons does not have the right to operate his ferry because Fulton and Livingston have a legal monopoly

Answer 56

c. the Commerce Clause applies to commerce that substantially affect interstate
commerce

Question 57

Jerrod tries on some clothes at the local J.C. Penny’s but decided he didn’t want anything. On the way out, a security guard believed a saw a tag on Jerrod’s jeans and suspected shoppiting. He grabbed Jerrod and pulled him into an empty office, but when he didn’t find the tag he suspected that Jerrod had yanked it off after being detained. The guard wouldn’t let Jerrod leave for six hours, until a manager arrived and immediately let him go. Jerrod would likely sue the store for.

a. assault and battery
b. res ipsa loquitur
c. contributory negligence
d. false imprisonment

Answer 57

d. false imprisonment

Question 58

Matthew was strolling along a leafy avenue in Fairfax when he noticed a particularly attractive house with whatrappeared to be a glistening swimming pool in back. Being absent-minded and not seeing a posted sign, Matthew strolled onto the lawn to get a better look at the pool. Fifteen fit into the lawn, a huge bulldog attacks him andmangles his leg. In Matt’s lawsuit against

a. Matt can’t recover since he was trespassing
b. The bulldog will have to be euthanized.
Answer c. The homeowner should have to pay for Matt’s medical bills even though he was
trespassing.
d. If Matt’s home state no longer follows the common law on trespassing, the homeowner had a reasonable duty of care to warn him about the dog.

Answer 58

d. If Matt’s home state no longer follows the common law on trespassing, the homeowner had a reasonable duty of care to warn him about the dog.

Question 59

Nico is a passenger in a car driven by Owen, whose reckless driving causes an accident, injuring himself. Nico, uninjured, accompanies Owen to Parkside Hospital in an ambulance. The ambulance is hit by a car driven by Quin, and Nico is injured. Nico files a suit against Owen, alleging negligence. The element most likely to be a question for the court to decide is

a-causation in fact.
b-proximate cause.
c-the duty of care.
d-the injury requirement.

Answer 59

b-proximate cause.

Question 60

Our text described a Commerce Clause case where California had adopted laws that legalized marijuana consumption
for medical reasons the US congress had outlawed marajuana possesion under the
the Controlled Substances Act. The
federal government seized marijuana that two sick California women were using under their physcians guidance. the supreme court held that

a. the federal gov enument may not seize marijuana used solely in interstate commerce

b. the state government could have seized the marijuana, bu since i did not the federal goverment could

c. the federal govemment could seize the marijuana if the Supreme Court of California issued an opinion authorizing it

d. if Congress has passed a comprehensive regulatory scheme fur marijuana, the federal government may seize the marijuana

Answer 60

d. if Congress has passed a comprehensive regulatory scheme fur marijuana, the federal government may seize the marijuana

Question 61

Sebastian and his neighbor had an argument over a fence that Sebastian built along the property line, which interfered with the neighbor’s view of the forest behind their homes. When Sebastian refused to take the fence down, the neighbor posted flyers around the neighborhood warning parents to keep their kids away from Sebastian because he was a known pedophile. The flyer is defamatory if:

a. the neighbors believe it
b. Sebastian has to see a psychiatrist because is emotionally devastated
c. the flyer is true
d. the flyer is false

Answer 61

d. the flyer is false

Question 62

Several environmental groups filed a petition with the Environmental Protection Agency asking it to create regulations under the Clean Air Act to address global warming. The agency subsequently interpreted that legislation to allow it to promulgate regulations. Once the final rule was published, several industry groups sued the EPA, claiming that it had exceeded its powers. A court hearing the lawsuit would have to apply the Chevron holding to the lawsuit. If the statutory language in the Clean Air Act is ambiguous, the court would need to assess:

a. whether the Clean Air Act is reasonable
b. whether the court should apply its own interpretation of the law to the case
c. whether the EPA’s interpretation of the lawlis reasonable
d. whether parties to the case had sufficient time to file their comments

Answer 62

c. whether the EPA’s interpretation of the lawlis reasonable

Question 63

Self-defense is a defense to an allegation of both assault and battery.
True
False

Answer 63

True

Question 63

For a tort to be considered intentional, the tortfeasor must have an evil or harmful motive.

True
False

Answer 63

False

Question 64

Statements made by in judicial proceedings are not privileged communications and may be the basis for defamation

true
false

Answer 64

false

Question 64

A party cannot recover damages for severe emotional distress absent a showing of physical injury.

true
false

Answer 64

false

Question 65

To determine whether a duty of care has been breached, a judge asks how a reasonable person would have acted in the same circumstances.

true
false

Answer 65

true

Question 66

some risks are obvious but that doesn’t necessarily excuse a business owner from the duty to protect customers from foreseeable harm

true
false

Answer 66

true

Question 67

Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury

a. if Ike intended to push Joan.
b. only if Ike did not intend to break Joan’s arm.
c. only if Ike had a bad motive for pushing Joan.
d. only if Ike intended to break Joan’s arm.

Answer 67

a. if Ike intended to push Joan.

Question 68

Louis—larger and stronger than Mica—threatens to hit Mica before hitting and injuring him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for

a. assault and battery.
b. assault but not battery.
c. battery but not assault.
d. neither assault nor battery.

Answer 68

a. assault and battery.

Question 69

Liz trespasses on Mega Corporation’s property. Through the use of reasonable force, Mega’s security guard Ned detains Liz until the police arrive. Mega is liable for

a. assault.
b. battery.
c. false imprisonment.
d. none of the choices.

Answer 69

d. none of the choices.

Question 70

Roger wants Andy to work late on a project. He tells Andy that the morally correct thing to do is to stay late at the office and work on the project. Andy feels obligated to stay and work late due to the moral pressure from Roger. Andy stays late at the office, even though he does not want to. Andy can sue Roger for

a. false imprisonment.
b. battery.
c. defamation.
d. no tort.

Answer 70

d. no tort.

Question 71

Jackie distributes a handbill throughout her neighborhood accusing her neighbor Ked of being a convicted sex offender. The statement is defamatory if

a. a neighbor repeats it.
b. Ked suffers emotional distress.
c. the statement is true.
d. the statement is false.

Answer 71

d. the statement is false.

Question 72

Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer. Glen’s statement is NOT defamatory if

a. only Hu hears it.
b. a third party hears it.
c. the statement is published.
d. the statement is a lie

Answer 72

a. only Hu hears it.

Question 73

Jane develops a new color of lipstick. To market her lipstick, Jane uses a computer design program to show a famous model using Jane’s lipstick. Jane does not ask the model’s permission. The model can sue Jane for

a. battery.
b. fraudulent misrepresentation.
c. defamation.
d. appropriation.

Answer 73

d. appropriation.

Question 74

Obie accuses Portia, a broker with QT Financial Services, of fraudulently inducing him to invest in Risky Development Company, whose stock price declines in value. The reliance that gives rise to liability for fraud requires
a. a subjective statement.
b. misrepresentation of a fact knowing that it is false.
c. puffery.
d. sellers talk

Answer 74

b. misrepresentation of a fact knowing that it is false.

Question 75

Jim is an appliance salesperson. To make a sale, he asserts that a certain model of a Kitchen Helper refrigerator is the “best one ever made.” This is

a. fraud if the statement is the truth.
b. fraud if Jim believes that this statement is not true.
c. fraud if Jim is stating his opinion, not the facts.
d. not fraud.

Answer 75

d. not fraud.

Question 76

Dom, an EZ Baked Goods salesperson, follows Flora, a salesperson for Goody Pastries, Inc., as she attempts to make sales to food stores. Dom solicits each of Flora’s customers. Dom is most likely liable for wrongful interference with a
a. bargaining relationship.
b. business relationship.
c. contractual relationship.
d. customer relationship.

Answer 76

b. business relationship.

Question 77

Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella’s land. Doyle commits trespass if he

a. does not have Bella’s permission to drive on the property.
b. drives onto the property for recreational purposes.
c. harms the property in a material way.
d. harms the property in any way.

Answer 77

a. does not have Bella’s permission to drive on the property.

Question 78

Manuel is walking past Thomas’s house when he hears a smoke alarm going off. He also hears a child calling for help and sees smoke coming from a window. Manuel rushes into Thomas’s house, finds the child and brings it outside. If Thomas sues Manuel for trespass to land, Manuel’s defense will probably be

a. assisting someone in danger.
b. consent.
c. self-defense.
d. the reasonable person defense.

Answer 78

a. assisting someone in danger.

Question 79

Susan takes her car to Ken’s repair shop and asks him to fix the car’s brakes. Ken completes the work and sends Susan a bill for $100. Susan refuses to pay so Ken refuses to return Susan’s car. Susan can probably successfully sue Ken for
a. battery.
b. conversion.
c. trespass to property.
d. none of the choices

Answer 79

d. none of the choices

Question 80

Bette backs out of City Parking Garage, colliding with Dill’s car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as
a. a blameless person.
b. a faultless person.
c. a holistic person.
d. a reasonable person

Answer 80

d. a reasonable person

Question 81

Kelly is injured when she slips and falls on Layla’s sidewalk. To determine whether Layla owed a duty of care to Kelly, Layla is subject to the standard of
a. a realistic person.
b. a reasonable person.
c. a recognizable person.
d. a reliable person.

Answer 81

b. a reasonable person