Question 1

A Massachusetts state statute imposes a prison term,without a trial,on all street entertainers who operate in certain areas.A court would likely review this statute under the principles of

Accepted Answer

The statute imposes a prison term without a trial, which violates procedural due process rights that guarantee fair procedures, including the right to a trial before being deprived of liberty.

Question 2

Parker owns and operates Rancho Mirage Corporation,a destination resort in Arizona that features horseback riding and bunkhouse accommodations.The Constitution provides that no person shall be deprived of "life,liberty,or property without due process of law." Included as "legal persons" under this clause are

Accepted Answer

The clause refers to "persons," and legal persons are typically understood to be entities that can hold legal rights and obligations, such as corporations and human beings. While property may also have certain legal protections, it is not the same as a legal person. The bunkhouses and other man-made creations are also not legal persons, as they cannot hold legal rights and obligations on their own. Similarly, horses and other beings in nature are not legal persons, as they do not have the capacity to enter into legal relationships. Therefore, the best choice is B, as both the corporation and Parker are legal persons and entitled to due process of law.

Question 3

Beachside City enacts an ordinance that bans the distribu?tion 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

Accepted Answer

The ban on the distribution of all printed materials on city streets is a content-based restriction on free speech, which is protected by the First Amendment. This means that the court would likely hold the ban to be unconstitutional under the First Amendment.

Question 4

The state of New York regulates private activities to protect or promote the public or?der,health,safety,and general welfare under its

Accepted Answer

Police powers are the powers that the state has to regulate private activities to protect the health, safety, and general welfare of its citizens. These powers allow the state to enforce regulations, such as zoning laws, building codes, and health and safety standards. The other options listed, taxing powers, spending powers, and supremacy powers, do not relate to the state's ability to regulate private activities for the public good.

Question 5

Reusable Energy Corporation regularly expresses opinions on political issues.Under the First Amendment,corporate political speech is

Accepted Answer

Under the First Amendment of the US Constitution, corporate political speech is protected as it is considered a form of free speech. This means that corporations can express their opinions on political issues without fear of censorship or punishment from the government.

Question 6

Congress enacts a law that sets out a medical-device approval process for the Food and Drug Administration to follow.The law includes a preemption provision.A device that goes through the process injures Joe,who files a claim under state law to recover.The court will most likely rule that

Accepted Answer

The preemption provision in the federal law means that it supersedes state law claims. Therefore, the court is likely to rule that Joe's state law claim is preempted by the federal law and cannot proceed.

Question 7

Mike,an advocate of a certain religion,publishes an article in New Times magazine insisting that Congress base all federal law on his religion's principles.The First Amendment guarantees Mike's freedom of

Accepted Answer

The First Amendment guarantees freedom of religion, speech, and the press, as well as the right to peacefully assemble and petition the government. Therefore, Mike has the right to advocate for his religion's principles to be the basis of federal law.

Question 8

Tami's Tasty Tacos,a mobile vendor,files a suit against the state of Utah,claiming that a Utah state law violates the commerce clause.The court will agree if the statute imposes a substantial burden on

Accepted Answer

The commerce clause gives Congress the power to regulate interstate commerce, and any state law that imposes a substantial burden on such commerce may be found unconstitutional. Therefore, for Tami's Tasty Tacos to succeed in its claim, it must demonstrate that the Utah state law in question places a significant obstacle to its ability to conduct business across state lines.

Question 9

The Motor Vehicle Insurance Association wants the federal government to spend money to build a new highway.Congress can spend revenues

Accepted Answer

Congress has the power to spend for the general welfare, which allows it to promote objectives it deems worthwhile, as long as they are not unconstitutional.

Question 10

Len,a citizen of Maryland,obtains a federal license to operate a commercial fishing boat in Chesapeake Bay.The Maryland state legislature enacts a law that bans all commercial fishing in the bay.The state law most likely violates

Accepted Answer

The state law likely violates the supremacy clause, which establishes that federal law takes precedence over state laws when there is a conflict. Since Len has a federal license, the state law banning commercial fishing would be in conflict with federal regulation.

Question 11

Minnesota enacts a statute to ban advertising in "bad taste." This stat?ute would likely be held by a court to be

Accepted Answer

Banning advertising in "bad taste" is a vague and subjective criterion that does not have a clear definition in law, which makes it difficult to apply objectively. This statute would likely be considered an unconstitutional restriction on speech under the First Amendment because it does not meet the strict scrutiny test, which requires that any speech restriction must serve a compelling state interest and be narrowly tailored to achieve that interest. Therefore, it is unlikely that the statute would withstand a court challenge.

Question 12

Jon,a law enforcement official,monitors Kelsey's Internet activities-e-mail and Web site visits-to gain access to her personal financial data and student information.This may violate Kelsey's right to

Accepted Answer

Jon's monitoring of Kelsey's Internet activities without her knowledge or consent violates her right to privacy. Private information, such as personal financial data and student information, should not be accessed without proper authorization or consent.

Question 13

Ulrich,a citizen of Virginia,wants to enforce in the state of Washington certain rights that he has under a contract with Xtreme SnoBoards Inc.A Washington state court is most likely to enforce such rights under

Accepted Answer

The full faith and credit clause requires states to recognize and enforce the public acts, records, and judicial proceedings of other states, which would apply to enforcing contract rights across state lines.

Question 14

The police obtain a search warrant and search Errol's apartment.After yelling obscenities at the officers,Errol confesses to a crime and impli?cates his friends.The Constitution protects against

Accepted Answer

The Constitution protects against unreasonable searches, meaning that law enforcement must obtain a search warrant with probable cause in order to legally search someone's property. However, the protection against unreasonable searches does not extend to incriminating statements made by the individual being searched, such as its confession and implication of others in this scenario. Similarly, the Constitution's protection of free speech does not extend to obscenities or profanity directed towards law enforcement.

Question 15

Wyoming enacts a statute that limits the liberty of all persons,including corporations,to broadcast "annoying" radio commercials.This may violate

Accepted Answer

Substantive due process protects an individual's fundamental rights from unreasonable government interference. The right to free speech, including commercial speech, is a fundamental right. Wyoming's statute limiting the content of radio commercials could be seen as an unreasonable government interference with this right, therefore violating substantive due process. The other answer choices do not apply to this situation.

Question 16

Enterprising Markets Coalition (EMC),a political lobbying group,wants a certain policy enacted into law.If EMC's policy conflicts with the U.S.Constitution,a law embodying it can be imposed by

Accepted Answer

A law that conflicts with the U.S. Constitution cannot be imposed by any legislative or judicial body, as it would be unconstitutional.

Question 17

Xtreme Publications,Inc.,disseminates obscene materials.This is

Accepted Answer

Disseminating obscene materials is considered a crime under numerous state and federal statutes, as obscenity is not protected by the First Amendment.

Question 18

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

Accepted Answer

Checks and balances refer to the ability of each branch of the government to limit the actions of the other branches. This ensures that no single branch becomes too powerful and can maintain a balance of power among them. Therefore, the correct choice is B.

Question 19

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

Accepted Answer

Procedural due process rights relate to the procedures used in government decision-making that may affect an individual's life, liberty, or property. Therefore, Myra's claim that the statute infringes on her procedural due process rights focuses on the procedures used in making the decision, rather than the content of the statute itself, the similarity of treatment of similarly situated individuals, or steps to protect Mary's privacy.

Question 20

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

Accepted Answer

Congress is responsible for making the laws. While they may take into consideration the interests of various associations and groups, their primary responsibility is to enact laws that benefit the country as a whole. It is up to the executive branch (such as the President and federal agencies) to administer and enforce the laws, and the judicial branch (including the Supreme Court) to interpret them.

Quiz 4: Constitutional Authority to Regulate Business