Question 1

When equal protection is concerned,classifications based on gender are subject to the ___________ test.

Accepted Answer

Classifications based on gender are subject to the intermediate scrutiny test, which requires that laws or policies be substantially related to an important government objective. This is a higher standard than rational basis review but less stringent than strict scrutiny.

Question 2

Fact Pattern 4-2
Wally, a law school student, is an intern for Rebecca, an assistant professor who is attempting to get tenure at Imperial Law School in part by getting an article published on the right to a jury trial. Rebecca asks Wally to explain to her the right to a jury trial under the U.S. Constitution as applied to jury trials involving state law.
-Refer to Fact Pattern 4-2.What should Wally tell Rebecca regarding whether the U.S.Constitution requires that jury trials be held in state court civil cases?

Accepted Answer

The U.S. Constitution does not require that jury trials be held in state court civil cases. The Seventh Amendment only applies to federal courts and federal cases. Therefore, the decision to have a jury trial in state court civil cases is left to the discretion of each state.

Question 3

The President has the power to make treaties with the advice and consent of:

Accepted Answer

According to the U.S. Constitution, the President has the power to make treaties with the advice and consent of the Senate, as stated in Article II, Section 2, Clause 2: "He shall have the Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur." The House of Representatives does not have a role in the treaty-making process.

Question 4

In the __________ (1965)case,the U.S.Supreme Court first extended substantive due process to the right to privacy,encompassing birth control and a woman's reproductive choice.

Accepted Answer

The correct case is Griswold v. Connecticut. In this case, the Supreme Court struck down a Connecticut law that banned the use of contraceptives, ruling that the law violated the right to privacy within marriage. This landmark decision extended substantive due process to the right to privacy, setting the stage for later cases such as Roe v. Wade, which extended the right to privacy to a woman's decision to have an abortion.

Question 5

In CASE 4.4,United States v.Windsor (2103),the U.S.Supreme Court addressed the question of:

Accepted Answer

The case of United States v. Windsor dealt specifically with the constitutionality of a federal statute (the Defense of Marriage Act) that denied federal benefits to same-sex couples who were legally married in states where same-sex marriage is permitted. The court ultimately ruled that the statute was unconstitutional, as it violated the equal protection clause of the Fifth Amendment.

Question 6

In the Junger v.Daleycase referenced in the text,a professor challenged regulations involving the posting to a website of human readable source code of an encryption software program.The court held that:

Accepted Answer

The answer of In the Junger v.Daleycase referenced in the...

Question 7

Congress can override a President's veto by a __________ vote of both the House of Representatives and the Senate.

Accepted Answer

According to the Constitution of the United States, Congress can override a President's veto by a two-thirds vote of both the House of Representatives and the Senate. This means that at least two-thirds of the members in both chambers must vote to override the President's veto for the legislation to become law without the President's signature.

Question 8

The Seventh Amendment gives the right to a jury trial in civil cases when the value in dispute is greater than:

Accepted Answer

The Seventh Amendment to the United States Constitution provides the right to a jury trial in civil cases where the value in controversy exceeds $20.

Question 9

The __________ provision of the U.S.Constitution forbids trying a person twice for the same crime.

Accepted Answer

The Double Jeopardy provision of the U.S. Constitution, found in the Fifth Amendment, protects individuals from being tried more than once for the same crime. This means that once a person has been acquitted or convicted of a crime, they cannot be tried again for that same crime.

Question 10

Which of the following was the result at the U.S.Supreme Court level in Citizens United v.Federal Election Commission regarding the constitutionality of the federal law providing that televised electioneering communications funded by anyone other than a candidate must include a disclaimer setting forth identifying information as to sponsorship?

Accepted Answer

The U.S. Supreme Court held that the federal law requiring disclosure of identifying information in televised electioneering communications funded by anyone other than a candidate was unconstitutional, as it violated the First Amendment's free speech protection. The court found that political spending is a form of protected speech, and the government cannot restrict it based on the identity of the speaker or the source of the funds. Therefore, the law was struck down as unconstitutional.

Question 11

Fact Pattern 4-2
Wally, a law school student, is an intern for Rebecca, an assistant professor who is attempting to get tenure at Imperial Law School in part by getting an article published on the right to a jury trial. Rebecca asks Wally to explain to her the right to a jury trial under the U.S. Constitution as applied to jury trials involving state law.
-Refer to Fact Pattern 4-2.Which of the following sections of the U.S.Constitution should Wally reference when discussing the matter of the right to a jury trial with Rebecca?

Accepted Answer

The Seventh Amendment to the U.S. Constitution guarantees the right to a jury trial in civil cases. This is the appropriate section for Wally to reference when discussing the matter with Rebecca. The First Amendment protects freedom of speech and religion, the Fifth Amendment guarantees due process rights, and Article One, Section Eight outlines the powers of Congress. None of these sections are relevant to the right to a jury trial.

Question 12

Fact Pattern 4-1
Martin is a legal secretary for Allison, a partner in a large law firm in Knoxville. Allison finds Martin quite annoying. The last straw occurs when Martin tells Allison that she looks pale and appears to have been partying a bit too hard. Allison fires Martin on the spot. Martin tells Allison that he has been studying constitutional law, and that she is guilty of violating not only his due process rights but his equal protection rights as well. Martin says that he was entitled to a hearing before any disciplinary action was taken, and that the firm's practice is that all secretaries are entitled to tell attorneys when they do not appear to be functioning at their best. Martin says that he is filing suit tomorrow.
-Refer to Fact Pattern 4-1.Which of the following is true regarding Martin's ability to win on a claim alleging violation of the equal protection clause of the fourteenth amendment to the U.S.Constitution?

Accepted Answer

The equal protection clause applies only to actions by the government, not private individuals or businesses. Since Allison is a private attorney and not a government actor, Martin cannot win on an equal protection claim.

Question 13

Preemption of state law when it directly conflicts with federal law is known as __________ preemption,whereas preemption of state law when Congress has manifested intent to regulate an entire area without state participation is known as __________ preemption.

Accepted Answer

The first type of preemption, where federal law directly conflicts with state law, is known as express preemption. The second type, where Congress intends to regulate an entire area without state participation, is known as field preemption. Therefore, the best answer is C, which correctly identifies the two types of preemption as express (for the first type) and field (for the second type). Choices A, B, and D are incorrect because they either misidentify or fail to include one or both types of preemption.

Question 14

Even when Congress has taken no action in regard to a matter,the __________ or __________ Commerce Clause may impose restrictions on state action.

Accepted Answer

The dormant Commerce Clause, also known as the negative Commerce Clause, prohibits states from enacting laws that discriminate against interstate commerce or unduly burden it. Even if Congress has taken no action on a matter, the dormant Commerce Clause can still restrict state action. The relative and positive Commerce Clauses are not relevant in this case.

Question 15

The division of power among the executive,legislative and judicial branches of government is typically referred to as:

Accepted Answer

The separation of powers refers to the division of power among the executive, legislative, and judicial branches of government. It is a fundamental principle of the US government and is designed to prevent any one branch from becoming too powerful or abusing its power. Federalism refers to the division of power between the federal government and state governments. Judicial review is the power of the courts to declare laws unconstitutional. The Supremacy clause refers to the provision in the US Constitution that establishes the Constitution and federal laws as the supreme law of the land.

Question 16

The general power retained by the states to protect the health,safety,welfare,and morals of state residents is often referred to as ____ power.

Accepted Answer

The power retained by the states to protect the health, safety, welfare, and morals of state residents is commonly known as police power. This power enables states to create and enforce laws that aim to protect the rights and well-being of their citizens.

Question 17

Under the Fifth Amendment,state and federal governments have the right to __________,which is the power to take private land for public use,in exchange for just compensation.

Accepted Answer

The power described in the question is known as eminent domain. It allows the government to take private land for public use, as long as the landowner is compensated fairly. Therefore, the correct choice is B. The other options do not accurately describe this power granted by the Fifth Amendment.

Question 18

Fact Pattern 4-1
Martin is a legal secretary for Allison, a partner in a large law firm in Knoxville. Allison finds Martin quite annoying. The last straw occurs when Martin tells Allison that she looks pale and appears to have been partying a bit too hard. Allison fires Martin on the spot. Martin tells Allison that he has been studying constitutional law, and that she is guilty of violating not only his due process rights but his equal protection rights as well. Martin says that he was entitled to a hearing before any disciplinary action was taken, and that the firm's practice is that all secretaries are entitled to tell attorneys when they do not appear to be functioning at their best. Martin says that he is filing suit tomorrow.
-Refer to Fact Pattern 4-1.Which of the following is true regarding Martin's ability to win on a claim alleging violation of the due process clause of the U.S.Constitution?

Accepted Answer

The due process clause of the U.S. Constitution applies only to government action, and since Allison's actions were not taken under color of state law, Martin cannot prevail on a claim alleging violation of his due process rights.

Question 19

Fact Pattern 4-2
Wally, a law school student, is an intern for Rebecca, an assistant professor who is attempting to get tenure at Imperial Law School in part by getting an article published on the right to a jury trial. Rebecca asks Wally to explain to her the right to a jury trial under the U.S. Constitution as applied to jury trials involving state law.
-Refer to Fact Pattern 4-2.What should Wally tell Rebecca regarding whether the U.S.Constitution requires that jury trials be held in federal civil court cases involving diversity jurisdiction and applying state law (GTFM,LLC v.TKN Sales,Inc)?

Accepted Answer

The U.S. Constitution provides that when a federal court has jurisdiction in a case based solely on diversity of citizenship, the federal court should require a jury trial only if a state court in that state would require a jury trial. Therefore, the answer is D.

Question 20

The __________ Amendment provides that no state shall "deprive any person of life,liberty,or property,without due process of law."

Accepted Answer

The Fourteenth Amendment to the United States Constitution, ratified in 1868, establishes that no state may "deprive any person of life, liberty, or property, without due process of law." This amendment has been used to extend constitutional protections to various marginalized groups, including African Americans and LGBTQ individuals.

Quiz 4: Constitutional Bases for Business Regulation.