Question 1

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

Accepted Answer

Procedural due process refers to the procedures and methods used by the government when they are making decisions to take someone's life, liberty, or property. This claim by Marie focuses on whether the procedures used in the state statute infringe on her rights to due process.

Question 2

The Bill of Rights protects individuals against various types of conduct by the federal government.

Accepted Answer

The Bill of Rights, which consists of the first ten amendments to the US Constitution, provides protections for individuals against various actions by the federal government, including freedom of speech, religion, and the press, the right to bear arms, protections against unreasonable searches and seizures, and the right to a fair trial.

Question 3

Under the supremacy clause, a valid federal statute or regulation will preempt a conflicting state or local law or regulation on the same general subject.

Accepted Answer

The supremacy clause in the U.S. Constitution establishes that federal laws and regulations take precedence over conflicting state or local laws and regulations when regulating the same subject matter. This means that a valid federal statute or regulation will preempt and override any conflicting state or local law or regulation.

Question 4

The First Amendment protects symbolic speech without limitation.

Accepted Answer

The First Amendment does protect symbolic speech, but there are certain limitations and restrictions, such as when it poses a clear and present danger or is deemed obscene.

Question 5

Constitutional law includes only the U.S. Constitution.

Accepted Answer

Constitutional law includes not only the U.S. Constitution but also other legal documents that have been derived from it, such as court decisions, statutes, and administrative regulations.

Question 6

The Fourteenth Amendment guarantees a right to due process of law.

Accepted Answer

The Fourteenth Amendment to the United States Constitution does guarantee the right to due process of law.

Question 7

The First Amendment prevents limits from being placed on independent political expenditures by corporations.

Accepted Answer

The Supreme Court's decision in the Citizens United v. FEC case held that corporations have the same 1st Amendment rights as individuals when it comes to independent political expenditures. This means that limits on such expenditures by corporations would be considered a violation of their 1st Amendment rights.

Question 8

Law consists of enforceable rules governing relationships among individuals and between individuals and their society.

Accepted Answer

This is the definition of law. It is a system of rules enforced by the government to regulate behavior, maintain order, and protect society.

Question 9

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.

Accepted Answer

The checks and balances system is designed to ensure that no one branch of government becomes too powerful. Each branch has specific powers and limitations that are designed to allow the others to check its authority. For example, the Executive Branch can veto laws passed by Congress, but Congress can override the veto with a two-thirds majority vote. This system promotes a balance of power between the branches and prevents any one branch from dominating the others.

Question 10

In a suit against Ilene, Jenna obtains an injunction. This is​

Accepted Answer

An injunction is a court order that requires a party to do or to refrain from doing specific acts.

Question 11

Mary creates a t-shirt design that expresses her support for a presidential candidate and distributes t-shirts imprinted with the design to her friends. The t-shirts represent​

Accepted Answer

Mary's t-shirt design is an example of symbolic speech, which is a form of expression that uses actions or symbols rather than words to convey a message. This type of speech is protected by the First Amendment.

Question 12

Substantive due process limits what the government can do in its legislative and executive capacities.

Accepted Answer

Substantive due process is a legal principle that limits the government's ability to infringe on certain fundamental rights of individuals without a compelling justification. This includes both legislative and executive actions that may impede on these rights.

Question 13

Orin claims that a Pennsylvania state statute infringes on his "substantive due process" rights. This claim focuses on​

Accepted Answer

Substantive due process focuses on the content of a statute or law, rather than the procedures used to make decisions or the treatment of similarly situated individuals. Therefore, Orin's claim would center around whether the Pennsylvania state statute violates his rights by restricting certain substantive freedoms or rights.

Question 14

The term police powers encompasses just the enforcement of criminal laws.

Accepted Answer

The term police powers refers to a broader range of government powers beyond just enforcing criminal laws. Police powers can include enforcing health and safety regulations, regulating businesses, and addressing public nuisances, among other things.

Question 15

The U.S. Constitution explicitly mentions a general right to privacy.

Accepted Answer

The U.S. Constitution does not explicitly mention a general right to privacy. However, the Supreme Court has interpreted certain amendments to imply a limited right to privacy, such as the Fourth Amendment's protection against unreasonable searches and seizures and the Fourteenth Amendment's due process clause.

Question 16

The Bay City Planning Department, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute​

Accepted Answer

The regulations issued by these agencies are examples of administrative law, which is created by administrative agencies and departments within the government. It is distinct from constitutional law, statutory law, and case law, which are created by the Constitution, statutes passed by legislative bodies, and judicial decisions, respectively.

Question 17

International law is the law of a foreign nation and varies from country to country.

Accepted Answer

The answer of International law is the law of a...

Question 18

In a common law system, judges generally follow stare decisis unless there is a compelling reason to overturn a precedent.

Accepted Answer

Stare decisis is a legal principle in common law systems where judges follow precedents set by previous decisions, ensuring consistency and stability in the law unless there is a strong justification to deviate.

Question 19

Administrative law is a source of American law that is comprised of statutes.

Accepted Answer

The answer of Administrative law is a source of American...

Question 20

Criminal law focuses on duties that exist between persons.

Accepted Answer

Criminal law focuses on duties that exist between individuals and society as a whole, not just between persons.

Quiz 1: Legal and Constitutional Foundations of Business