Deck 4: Administrative Law

Question 1

Not all corporate speech is political speech.

Answer 1

True
Explanation: Not all corporate speech is political speech.

Question 2

What was the result in the case in the text Christy Brzonkala v. Antonio J. Morrison et al. in which the defendants alleged the unconstitutionality of civil remedies available under the federal Violence against Women Act?

A) That Congress lacked the authority under the U.S. Constitution to enact the law.
B) That Congress validly passed the law pursuant to the First Amendment to the U.S. Constitution.
C) That Congress validly passed the law pursuant to the Second Amendment to the U.S. Constitution.
D) That Congress validly passed the law pursuant to the Fourth Amendment to the U.S. Constitution.
E) That Congress validly passed the law pursuant to the Fourteenth Amendment to the U.S. Constitution.

Answer 2

A
Explanation: The U.S. Supreme Court affirmed the lower courts' decisions, holding that Congress may not regulate noneconomic, violent criminal conduct solely on the basis of that conduct's aggregate effect on interstate commerce.

Question 3

The primary source of authority for federal regulation of business is the First Amendment to the U.S. Constitution.

Answer 3

False
Explanation: The primary source of authority for federal regulation of business is the commerce clause, located in Article I, Section 8, of the Constitution.

Question 4

The U.S. Constitution establishes a system of government based on the principle of federalism.

Question 5

How was the process of judicial review through which courts review legislative and executive actions to determine whether they are constitutional established?

A) By vote of the U.S. Senate
B) By vote of the U.S. House of Representatives
C) By vote of both the U.S. Senate and the U.S. House of Representatives
D) By common law
E) By executive proclamation

Question 6

Which clause provides that the Constitution, laws, and treaties of the United States constitute the supreme law of the land?

A) The First Amendment, clause three
B) The Supremacy Clause
C) The Commerce Clause
D) The Eighth Amendment, clause one
E) The Federalism Clause

Question 7

The constitution of Belarus requires everyone to protect the environment.

Question 8

No First Amendment protections apply to corporations.

Question 9

Congress has the power to enact legislation, but the president can veto a law that Congress passes.

Question 10

Which of the following is an example of the state's exercise of its police power?

A) The enactment of state criminal codes.
B) The enactment of state criminal codes and zoning laws.
C) The enactment of criminal laws, building codes, zoning laws, sanitation standards for restaurants, and regulations for the practice of medicine.
D) The enactment of criminal laws, building codes, zoning laws, and regulations for the practice of medicine, but not sanitation standards for restaurants.
E) The enactment of laws governing regulations for law enforcement only.

Question 11

Why must federal legislation that affects business be based on an expressed constitutional grant of authority?

A) Because the U.S. Congress passed a law to that effect.
B) Because the federal government has only those powers granted to it by the Constitution.
C) Because the President Lincoln issued an executive order to that effect.
D) Because President Washington issued an executive order to that effect.
E) Because it is a custom.

Question 12

According to the principle of federalism established by the U.S. Constitution, how is the authority to govern allocated?

A) It is allocated to the federal government.
B) It is allocated to the states.
C) It is allocated to local jurisdictions.
D) It is allocated to the U.S. Senate.
E) It is divided between federal and state governments.

Question 13

Federal laws include laws passed by federal administrative agencies.

Question 14

The U.S. Constitution explicitly allows courts to review legislative and executive actions to determine whether they are constitutional.

Question 15

The fourteenth amendment is part of the Bill of Rights.

Question 16

Congress can use its spending power to achieve social welfare objectives.

Question 17

According to the _____________ Amendment to the Constitution, all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states.

A) 1^st
B) 2^nd
C) 5^th
D) 6^th
E) 10^th

Question 18

What are the three independent branches of the federal government?

A) Legislative, executive, and judicial
B) Legislative, commerce, and safety
C) Commerce, safety, and law enforcement
D) Executive, safety, and law enforcement
E) Law enforcement, judicial, and statutory

Question 19

Judicial review allows courts to review the constitutionality of lower courts' decisions.

Question 20

The U.S. Constitution allocates the power of the federal government among ____________ branches of government.

A) Two
B) Three
C) Four
D) Five
E) Six

Question 21

Which of the following is included in the Central Hudson test for commercial speech?

A) The principle that speech that is misleading is not protected by the First Amendment.
B) The principle that the government must show that a substantial governmental interest is served by a restriction on commercial speech.
C) The principle that any restriction on commercial speech must not be more extensive than necessary.
D) The principle that speech that is misleading is not protected by the First Amendment; the principle that the government must show that a substantial governmental interest is served by a restriction on commercial speech; and the principle that any restriction on commercial speech must not be more extensive than necessary.
E) None of these.

Question 22

When the First Amendment is concerned, which of the following does the term "political speech" reference?

A) Speech that occurs when corporations support political candidates or referenda.
B) Speech that occurs when a corporation advertises products.
C) Speech by elected officials regarding other elected officials.
D) Speech by individuals involving politicians.
E) None of these. The First Amendment is not referenced in relation to "political speech."

Question 23

Which amendment extends most of the provisions of the Bill of Rights prohibiting state interference in citizens' exercise of their rights to the states?

A) Thirteenth
B) Fourteenth
C) Twenty-first
D) Twenty-second
E) Fortieth

Question 24

A _____________ is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant.

A) Search warrant
B) Subpoena warrant
C) Search authorization form
D) Seek warrant
E) Review authorization

Question 25

What does the establishment clause of the First Amendment provide?

A) That government cannot make a law prohibiting the free exercise of religion.
B) That government cannot make a law respecting an establishment of religion.
C) That government cannot make a law referencing religion in any manner.
D) That government cannot make a law prohibiting the free exercise of religion; that government cannot make a law respecting an establishment of religion; and that government cannot make a law referencing religion in any manner.
E) None of these

Question 26

Which of the following references the clause of the U.S. Constitution that provides that, "Full Faith and Credit shall be given in each state to the public Acts, Records, and judicial Proceedings of every other state"?

A) The Full Faith and Credit Clause
B) The Privileges and Immunities Clause
C) The Commerce Clause
D) The Contract Clause
E) The Bill of Rights Clause

Question 27

Which amendment provides that the government cannot infringe on citizens' right to bear arms?

A) First
B) Second
C) Fifth
D) Sixth
E) None

Question 28

When can government agents obtain a search warrant?

A) When they can establish reasonable cause.
B) When they can establish probable cause.
C) When they can establish cause to a substantial certainty.
D) Anytime they have an informant.
E) Anytime the judge is in his office and they show identification as government agents.

Question 29

Which of the following is true regarding the protection of "fighting words" under the First Amendment?

A) Fighting words are unprotected speech under the First Amendment.
B) Fighting words are protected speech under the First Amendment only if they are uttered by an individual citizen, not by a corporate representative.
C) Fighting words are protected speech under the First Amendment only if they involve political activity.
D) Fighting words are protected speech under the First Amendment only if they are made in connection with a protest march.
E) Fighting words are protected speech under the First Amendment only if they are made in conjunction with self defense.

Question 30

Which of the following was the result in the case in the text Black Star Farms LLC v. Jerry Olive, Arizona Department of Liquor License and Control, the case in which in which it was alleged that an Arizona law limiting direct sales of wine by producers was unconstitutional on the basis that it discriminated against out-of-state wineries?

A) That the law discriminated against out-of-state wineries in violation of the dormant Commerce Clause.
B) That the law discriminated against out-of-state wineries in violation of the regular Commerce Clause, not the dormant Commerce Clause.
C) That the law discriminated against out-of-state wineries in violation of the dormant Commerce Clause but that it was a valid exercise of the state's police power.
D) That the law discriminated against out-of-state wineries in violation of the equal protection clause of the Fourteenth Amendment.
E) That the law was valid and did not discriminate against out-of-state wineries.

Question 31

What does the free-exercise clause of the First Amendment provide?

A) That government cannot make a law prohibiting the free exercise of religion.
B) That government cannot make a law establishing a religion.
C) That government cannot make a law referencing religion in any manner.
D) That government cannot make a law prohibiting the free exercise of religion; that government cannot make a law establishing a religion; and that government cannot make a law referencing religion in any manner.
E) None of these.

Question 32

Which amendment gives citizens the right not to testify against themselves in a criminal case?

A) First
B) Third
C) Fourth
D) Fifth
E) Tenth

Question 33

The first ____________ amendments to the U.S. Constitution are known as the Bill of Rights.

A) Five
B) Six
C) Eight
D) Nine
E) Ten

Question 34

Which of the following is relevant in determining whether a particular government statute violates the Establishment Clause?

A) Whether the statute has a secular legislative purpose.
B) Whether the statute's principal or primary effect either advances or inhibits religion.
C) Whether the statute fosters an excessive government entanglement with religion.
D) Whether the statute has a secular legislative purpose; whether the statute's principal or primary effect either advances or inhibits religion; and also whether the statute fosters an excessive government entanglement with religion.
E) Whether the statute has a secular legislative purpose and whether the statute's principal or primary effect either advances or inhibits religion; but not whether the statute fosters an excessive government entanglement with religion.

Question 35

Which of the following is true regarding federal taxation?

A) The U.S. Constitution explicitly grants Congress the power to tax.
B) The taxes laid by Congress must be uniform across the states.
C) Congress can legitimately use taxes to encourage the development of certain industries and discourage the development of others.
D) The U.S. Constitution explicitly grants Congress the power to tax; the taxes laid by Congress must be uniform across the states; and Congress can legitimately use taxes to encourage the development of certain industries and discourage the development of others.
E) None of these.

Question 36

Which amendment protects citizens from unreasonable searches and seizures?

A) First
B) Third
C) Fourth
D) Sixth
E) Tenth

Question 37

Which amendment prohibits cruel and unusual punishment?

A) Second
B) Fourth
C) Fifth
D) Eighth
E) Tenth

Question 38

Which amendment protects freedom of religion?

A) First
B) Second
C) Fourth
D) Sixth
E) Eighth

Question 39

Which of the following is true regarding the privileges and immunities clause of the U.S. Constitution?

A) Under the clause, a state cannot prohibit nonresidents from opening restaurants in the state.
B) Under the clause, a state can allow state universities to charge higher tuition to out-of-state students because residents pay taxes that fund state universities, while out-of-state students do not.
C) Under the clause, states may not discriminate against citizens of other states in the buying and selling of property.
D) Under the clause, a state cannot prohibit nonresidents from opening restaurants in the state; a state can allow state universities to charge higher tuition to out-of-state students because residents pay taxes that fund state universities, while out-of-state students do not; and states may not discriminate against citizens of other states in the buying and selling of property.
E) None of these. There is no privileges and immunities clause in the U.S. Constitution. The privileges and immunities clause is contained in a statute passed by Congress.

Question 40

Which of the following is true regarding what the First Amendment does not protect?

A) The only category of speech that the First Amendment does not protect is that of defamation.
B) The only category of speech that the First Amendment does not protect is that of obscenity.
C) The only category of speech that the First Amendment does not protect is that of commercial speech.
D) Neither defamation, obscenity, nor commercial speech is protected by the First Amendment.
E) Neither defamation nor obscenity is protected by the First Amendment, but commercial speech that satisfies the requisite test is protected by the First Amendment.

Question 41

What does the protection against "double jeopardy" mean?

A) That the government cannot try a person more than once for the same crime.
B) That the government cannot try a person more than twice for the same crime.
C) That the government must have double proof to prosecute a person twice for the same crime.
D) That the government must show that at least two people were injured by the defendant in order to justify trying the defendant twice for the same crime.
E) That the government may impose a double sentence on a repeat offender in order to protect the public.

Question 42

If a law prevents individuals from exercising a fundamental right, the law will be subject to _____________.

A) Intermediate scrutiny
B) Rational basis scrutiny
C) Severe scrutiny
D) Strict scrutiny
E) Legal scrutiny

Question 43

Reference - Junk Food. Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy, junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. What concept is addressed in regard to the reference to "police power"?

A) The residual powers retained by each state to safeguard the health and welfare of its citizenry.
B) The residual powers retained by the federal government to enforce valid laws and regulations.
C) The powers granted to local government to enter residences without a search warrant.
D) The powers granted to state governments to tax for the purposes of having law enforcement.
E) The powers granted to state government to imprison citizens of other states who commit crimes within a state.

Question 44

Reference - Insurance. Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states be taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways be denied to any state that does not also provide insurance coverage for uninsured adults. She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Ellen, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Ellen's statement?

A) Ellen is correct.
B) Ellen is correct only if the state is making efforts to put social programs into effect and is not acting unreasonably in refusing to provide needed services.
C) Ellen is partially correct in that Congress has no authority to link highway funds with social services, but any other funds may be linked to social services by executive order.
D) Ellen is partially correct in that Congress has no authority to link highway funds with social services, but other funds may be linked to social services by an act of Congress.
E) Ellen is incorrect.

Question 45

Reference - Insurance. Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states be taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways be denied to any state that does not also provide insurance coverage for uninsured adults. She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Ellen, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Sam's statement?

A) Sam is incorrect. The U.S. Congress has complete discretion on taxation.
B) Sam is incorrect, but before the U.S. Congress taxes one state's residents at a higher rate than citizens of other states, a compelling need must be shown.
C) Sam is incorrect, but before the U.S. Congress taxes one state's residents at a higher rate than citizens of other states, an important need must be shown.
D) Sam is incorrect, but before the U.S. Congress taxes one state's residents at a higher rate than citizens of other states, a disparity of income of over 30% must be shown.
E) Sam is correct.

Question 46

Which of the following is an exception to the rule that administrative searches usually require search warrants?

A) The administrative exception
B) The reasonable-search exception
C) The pervasive-regulation exception
D) The compelling-need exception
E) The controlling-principle exception

Question 47

Reference - Junk Food. Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy, junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. In determining whether the law is constitutional, which of the following will a court likely ask?

A) Whether the state regulation is needed for a compelling reason.
B) Whether the state regulation is rationally related to a legitimate state end.
C) Whether the state regulation is needed for an important reason.
D) Whether the state regulation will impact tax revenue.
E) Whether the state regulation is needed for a compelling reason and also whether the state regulation will impact tax revenue.

Question 48

New State passes a law prohibiting the importation of out-of-state apples in order to help in-state growers. Which of the following is the best argument for the out-of-state growers who wish to challenge the new law?

A) That it violates the dormant commerce clause.
B) That it violates the explicit preemption clause.
C) That it violates the First Amendment.
D) That it violates the Fourth Amendment.
E) That it violates due process.

Question 49

What does the Fifth Amendment's protection against self-incrimination mean?

A) That a person only has to be a witness against himself or herself is a felony is involved.
B) That a person does not have to be a witness against himself or herself if a first offense is involved.
C) That a person does not have to be a witness against himself or herself if prison time is involved as opposed to a mere fine.
D) That a person does not have to be a witness against himself or herself in a criminal case period.
E) That a person has to be a witness against himself or herself.

Question 50

Which of the following refers to the basic fairness of laws that may deprive an individual of her life, liberty, or property?

A) Procedural due process
B) Substantive due process
C) Independent due process
D) The prohibition against taking
E) Both procedural and substantive due process

Question 51

What was the result before the U.S. Supreme Court in United States v. Kyllo, the case in which the defendant was growing marijuana inside his home and law enforcement used a thermal imager, an instrument that detects heat emissions, without first obtaining a search warrant?

A) That the search warrant was similar to using a high-powered telescope to look through someone's window, and that there was no problem with the activities of law enforcement.
B) That law enforcement acted properly only because there was a clear and present danger based upon the presence of minors in the neighborhood.
C) That law enforcement acted properly only because the defendant, Kyllo, was a previously convicted felon.
D) That law enforcement acted properly both because there was a clear and present danger based upon the presence of minors in the neighborhood and because the defendant, Kyllo, was a previously convicted felon.
E) That law enforcement acted improperly by using the thermal imaging device without a warrant.

Question 52

What does the Fifth Amendment's takings clause reference?

A) The right of the government to take private property for public use without paying compensation to the owner.
B) The requirement that the government pay the owner just compensation if the government wants to take private property for public use.
C) The right of the government to put individuals in jail for up to ten days without a hearing.
D) The right of the government to put individuals in jail for up to five days without a hearing.
E) The requirement that the government compensate an owner for anything destroyed during a search.

Question 53

Which amendment protects against double jeopardy?

A) The First Amendment
B) The Second Amendment
C) The Third Amendment
D) The Fourth Amendment
E) The Fifth Amendment

Question 54

The legislators of New State institute a law that mothers of children in elementary school, but not fathers, are entitled to seven days off each year in order to attend school events. A lawsuit is brought by a group of fathers challenging the law on equal protection grounds. Which level of scrutiny will be applied to the law?

A) Intermediate scrutiny
B) Rational basis scrutiny
C) Severe scrutiny
D) Strict scrutiny
E) Legal scrutiny

Question 55

Reference - Insurance. Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states be taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways be denied to any state that does not also provide insurance coverage for uninsured adults. She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states. Bill, a senator, tells Susan that Congress lacks the authority to tax in this manner because the U.S. Constitution expressly reserves that right to the states. Ellen, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Sam, an administrative assistant, tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state. Which of the following is true regarding Bill's statement?

A) He is incorrect. The U.S. Constitution contains no such reservation.
B) He is partially correct. The U.S. Constitution prohibits taxation in areas in which states also tax, but most states are not taxing for insurance purposes at this time.
C) He is incorrect in saying that the U.S. Constitution expressly reserves the right to tax to the states, but he is correct in saying that Congress lacks the authority to tax in this manner because Congress cannot lay taxes for any reason other than essential needs of the federal government.
D) He is incorrect in saying that the U.S. Constitution expressly reserves the right to tax to the states, but he is correct in saying that Congress lacks the authority to tax in this manner because the president has issued an executive order prohibiting such taxation.
E) He is incorrect because the prohibition is contained in a federal statute passed by Congress, not in the U.S. Constitution.

Question 56

Which of the following are types of due process?

A) Procedural due process only
B) Substantive due process only
C) Independent due process only
D) Procedural, substantive, and independent due process
E) Procedural and substantive due process, but not independent due process.

Question 57

Reference - Scruffy. Sam is engaged in the criminal activity of growing marijuana in his home. A couple of police officers while randomly passing through the neighborhood saw Sam go to the mailbox. They thought that he looked a little scruffy, and they were concerned that they had not made a sufficient number of arrests in the past month. They decided to "check out" Sam. Therefore, they immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by breaking down the door. Which of the following is true on that issue?

A) The police acted legally so long as they can show that Sam really did look scruffy.
B) The police acted legally so long as they can show that the street was truly chosen at random for patrol.
C) The police acted legally so long as they can show that Sam had been in jail previously on a drug offense charge.
D) The police acted legally so long as they can show that Sam had been in jail previously for any offense.
E) The police violated Sam's Fourth Amendment rights.

Question 58

When may government agents search without a search warrant?

A) When law enforcement officials believe it likely that the items sought will be removed before they can obtain a warrant.
B) Outside of normal working hours for a judge.
C) When they can show that the suspect who lives in the residence at issue has been in jail previously.
D) When they can show that a felony is involved.
E) All of these.

Question 59

Which of the following is true regarding privacy rights?

A) The U.S. Supreme Court has said that the U.S. Constitution does not provide any right to privacy.
B) The U.S. Supreme Court has found that U.S. citizens have a right to privacy based upon the U.S. Constitution.
C) The U.S. Constitution specifically provides for a right to privacy within the Second Amendment.
D) The U.S. Constitution specifically provides for a right to privacy within the Sixth Amendment.
E) Both that the U.S. Supreme Court has found that U.S. citizens have a right to privacy based upon the U.S. Constitution and that the U.S. Constitution specifically provides for a right to privacy within the Sixth Amendment.

Question 60

Reference - Junk Food. Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy, junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court. What do courts generally presume regarding laws passed in accordance with states' police power?

A) There is no presumption.
B) That the law is valid.
C) That the law is invalid.
D) That the law is valid unless it involves a First Amendment right.
E) That the law is valid unless it involves the commerce clause.

Question 61

Explain the concept of the "dormant commerce clause." Address whether or not a state law banning the importation of out-of-state apples in order to assist in-state growers would violate the dormant commerce clause.

Question 62

Christen who just turned eighteen is out with several friends. They decide to see a movie, but it is sold out. Christen hid in the back of the theatre and yelled "Fire" as loudly as she could. Everyone ran out of the theatre, and a number got in their vehicles and left. Christen and her friends thought that seeing the movie was now possible. Unfortunately, a theatre employee saw Christen yelling, called the police, and she was arrested. Christen told the police officers that she was only exercising her free speech rights. She also told the police that the theatre employee lied and that she personally saw him stealing popcorn. The theatre employee told Christen that he was going to sue for defamation, and she told him that she would win based on her right to free speech. Discuss whether or not Christen is right on both counts and why.

Question 63

Set forth the Central Hudson Test for Commercial Speech and discuss whether or not you believe the test should be broadened to provide additional protection for commercial speech with reasons in support.
The test has four prongs as follows:
(1) Does the speech concern an illegal activity? Is it misleading?
(2) Is the government interest served by the restriction on commercial speech substantial?
(3) Does the regulation directly advance the government interest asserted?
(4) Is the regulation more extensive than necessary to serve the government interest?
Student opinion on whether the test should be broadened will vary.

Question 64

Reference - Scruffy. Sam is engaged in the criminal activity of growing marijuana in his home. A couple of police officers while randomly passing through the neighborhood saw Sam go to the mailbox. They thought that he looked a little scruffy, and they were concerned that they had not made a sufficient number of arrests in the past month. They decided to "check out" Sam. Therefore, they immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer questions whether Sam had lost his right against self-incrimination. Which of the following is true on that issue?

A) Sam did not lose his right against self-incrimination.
B) The office was correct. Sam lost his right against self-incrimination because marijuana was involved.
C) Sam lost his right against self-incrimination because he did not immediately ask for a lawyer.
D) Sam lost his right against self-incrimination because he did not immediately say he raised his right against self-incrimination.
E) Sam lost his right against self-incrimination both because marijuana was involved and also because he did not immediately ask for a lawyer.

Question 65

Reference - Scruffy. Sam is engaged in the criminal activity of growing marijuana in his home. A couple of police officers while randomly passing through the neighborhood saw Sam go to the mailbox. They thought that he looked a little scruffy, and they were concerned that they had not made a sufficient number of arrests in the past month. They decided to "check out" Sam. Therefore, they immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that because marijuana was involved, he lost his rights against self incrimination and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer is concerned that the judge has not granted Sam a hearing. Which of the following is one right that the judge has violated?

A) Sam's right to substantive due process.
B) Sam's First Amendment rights.
C) Sam's right to procedural due process.
D) Sam's Fourth Amendment rights.
E) Sam's Second Amendment rights.

Question 66

Explain the system of checks and balances and how it works, and set forth your opinion as to why or why not this system supports a democratic form of government.

Question 67

When is a strict scrutiny standard used to examine laws, how is this standard applied, and what presumption do court's apply, if any, in cases involving this standard? Set forth, with reasons in support, whether or not you believe that the strict scrutiny standard should be used whenever the state institutes a law distinguishing between individuals or groups and implicating equal protection issues.