264. When state action either shocks the conscience or offends judicial notions of fairness and human dignity it is
violating:
a. the First Amendment
b. the Sixth Amendment
c. fair process
d. due process
e. due law
265. When state action either shocks the conscience or offends judicial notions of fairness and human dignity it is
violating:
a. the First Amendment
b. the Sixth Amendment
c. fair process
d. due law
e. none of the other choices are correct
266. When governments restrict the rights of citizens, unless a fundamental constitutional liberty is at stake, the law
needs to relate rationally to to satisfy due process requirements.
a. a legitimate government interest
b. a legitimate private interest
c. a legitimate monetary interest
d. a legitimate moral interest
e. none of the other choices are correct
267. A law must relate rationally to a legitimate government interest to:
a. satisfy due process requirements
b. satisfy fair process requirements
c. satisfy First Amendment requirements
d. satisfy legislative requirements
e. none of the other choices are correct
268. A law must relate rationally to a legitimate government interest to:
a. satisfy legal process requirements
b. satisfy fair process requirements
c. satisfy exceptional process requirements
d. satisfy state process requirements
e. none of the other choices are correct
269. Suppose the Texas legislature ruled that all motorcycle drivers and passengers under the age of 21 had to wear
helmets. This could be attacked by a young motorcycle driver who did not want to wear a helmet as a violation of:
a. the due process clause because it is a restriction on personal freedom
b. the due process clause because it does not advance a state interest
c. the equal protection clause because it applies to people under 21
d. all of the other choices
e. none of the other choices
270. Which of the following would be likely to be a violation of the equal protection clause:
a. a state admits only men to a college and does not allow women to enroll
b. a state gives speeding tickets to drivers who drive more than 5 mph over the posted limit
c. a state prohibits the sale of alcoholic beverages
d. a state prohibits the use of trans fats in restaurant cooking
e. all of the other choices
271. In Fresenius Medical Care Holdings v. Tucker, where a Florida law prohibited physicians from having a
significant financial interest in businesses to which patients were referred, the appeals court held that:
a. since the law had a rational basis related to a legitimate legislative goal, it did not violate due process
b. since the law did not have a rational baais relatd to a legitimate legislative goal, it violated due process
c. since the City law had a rational basis related to a legitimate legislative goal, it did not violate the equal
protection clause of the 14th amendment
d. since the law did not have a rational basis related to a legitimate legislative goal, it violated the equal
protection clause of the 14th amendment
e. none of the other choices are correct
272. In Fresenius Medical Care Holdings v. Tucker, where a Florida law prohibited physicians from having a
significant financial interest in businesses to which patients were referred, the appeals court held that:
a. since the law had a rational basis related to the regulation of interstate commerce, it did not violate the
Constitution
b. since the law did not have a rational basis related to a legitimate legislative goal, it violated due process
c. since the law had a rational basis related to a legitimate legislative goal, it did not violate the equal
protection clause of the 14th amendment
d. since the law did not have a rational basis related to a legitimate legislative goal, it violated the equal
protection clause of the 14th amendment
e. none of the other choices are correct
273. In Fresenius Medical Care Holdings v. Tucker, where a Florida law prohibited physicians from having a
significant financial interest in businesses to which patients were referred, the appeals court held that:
a. to ask whether the plaintiff has been deprived of a protected liberty or property interest and to ask
whether the deprivation occurred without legislative approval
b. to ask whether the plaintiff has been deprived of money and to ask whether the deprivation occurred without
equal process
c. to ask whether the plaintiff has been deprived of a protected liberty or property interest and to ask whether
the deprivation occurred without judicial approval
d. to ask whether the plaintiff voluntarily relinquished a protected liberty or property interest and to ask
whether the relinquishment occurred without just compensation
e. none of the other choices are correct
274. In Fresenius Medical Care Holdings v. Tucker, where a Florida law prohibited physicians from having a
significant financial interest in businesses to which patients were referred, the appeals court held that:
a. the district court failed to ask whether the defendant has been deprived of a protected liberty or property
interest and to ask whether the deprivation occurred without due processs
b. district court failed to ask whether the plaintiff has been deprived of money and to ask whether the
deprivation occurred without equal process
c. the law did not violate equal protection under the 14th amendment as it applies to physicians and non–
physicians
d. the law survives a rational basis review and does not deprive physicians of substantive due process
e. none of the other choices are correct
275. In Fresenius Medical Care Holdings v. Tucker, where a Florida law prohibited physicians from having a
significant financial interest in businesses to which patients were referred, the appeals court held that:
a. substantive due process was not violated as the rational basis inquiry showed the regulation to meet a
legitimate legislative objective
b. substantive due process was violated as the rational basis inquiry showed the regulation did not meet a
legitimate legislative objective
c. substantive due process was violated because the state legislature interfered with a matter subject only to
federal regulation
d. substantive due process was not violated as Congress expressly allows state legialstures to regulate the
operation of the medical profession
e. none of the other choices are correct
276. Equal protection:
a. does not extend to all citizens
b. does not extend to all government activities
c. extends to all government activities
d. is set by international standards
e. none of the other choices are correct
277. A law that creates a class that suffers a loss of freedom:
a. is constitutional
b. is unconstitutional
c. is allowed under the First Amendment
d. is not allowed due to the First Amendment
e. none of the other choices are correct
278. The strongest claims of violations of protection involve discrimination based on:
a. race or sex
b. race or age
c. sex or age
d. age or height
e. age or nationality
279. A law that took a protected freedom away from women without a compelling state interest would be
unconstitutional because it:
a. violated equal protection
b. violated due process
c. violated fair game
d. violated the First Amendment
e. violated the Declaration of Independence
280. In Corey Airport Services v. Clear Channel Outdoor, where Corey lost a bid to provide services at the
Atlanta airport and a jury then found there to be a conspiracy that deprived Corey of millions of dollars worth of
business, the appeals court held that:
a. Corey failed to obtain the proper paperwork for the suit to be properly allowed into court
b. Corey failed to show that existing property had been taken
c. Corey failed to show that it had been improperly treated differently than other members of a similar group
d. Corey showed that it had been intentionally and improperly treated differently than other members of a
similar group
e. none of the other choices are correct
281. In Corey Airport Services v. Clear Channel Outdoor, where Corey lost a bid to provide services at the
Atlanta airport and a jury then found there to be a conspiracy that deprived Corey of millions of dollars worth of
business, the appeals court held that:
a. that a state actor had intentionally treated it differently than others members of a similar group
b. that there was no rational basis for the difference in treatment Corey suffered
c. both that a state actor had intentionally treated it differently than others similarly situated, and that there
was no rational basis for the difference in treatment
d. that equal protection does not apply to businesses, only to persons
e. none of the other choices are correct
282. In Corey Airport Services v. Clear Channel Outdoor, where Corey lost a bid to provide services at the
Atlanta airport and a jury then found there to be a conspiracy that deprived Corey of millions of dollars worth of
business, the appeals court held that::
a. that there was no equal protection claim because there was no identifiable group subject to discriminatory
treatment
b. that the conspiracy between airport officials and Clear Channel provided the basis for a claim of a
violation of equal protection interests under the 14th Amendment
c. that the government treated Cory differently because it was owned by minorities, which is a violation of
equal protection
d. that Corey‘s equal protection rights had been violated but there were no damages because Corey was not
the low bidder in the competition to provide the services
e. none of the other choices are correct
283. Congress passes a law preventing lenders from charging more than 12% interest. Loan Co. only lends money to
people in Florida. Loan challenges the application of the law to his business, because he conducts it all within one
state. The law is probably:
a. constitutional under the Commerce Clause
b. constitutional according to the Third Amendment
c. unconstitutional as the Commerce Clause is interpreted
d. unconstitutional as the Necessary and Proper Clause is interpreted
e. unconstitutional as the Third Amendment is interpreted
284. Suppose Congress passed a law preventing lenders from charging debtors more than a 12 percent annual interest
rate. Fritz’s Loan Company has one office in Orlando and only lends money to people in Florida. Fritz challenges
the constitutionality of the application of the law to his business, because he conducts it all within one state. The law
is probably:
a. constitutional according to the Third Amendment
b. unconstitutional as the Commerce Clause is interpreted
c. unconstitutional as the Necessary and Proper Clause is interpreted
d. unconstitutional as the Third Amendment is interpreted
e. none of the other choices
285. The Klan Motel is one of twenty motels in town but the only one that refuses to rent rooms to non-whites.
Congress holds that motels may not discriminate on the basis of race. The Klan Motel challenges the regulation as
it applies to that motel. The owner will:
a. win; so long as there are plenty of motels available, there is no significant effect on interstate commerce by
such discrimination
b. win; a motel is a place of private, not public, accommodations
c. lose; all forms of racial discrimination are forbidden by the Commerce Clause
d. lose if the state in which the motel is located has passed a similar law to apply to motels
e. none of the other choices
286. The Klan Motel is one of twenty motels in town but the only one that refuses to rent rooms to non-whites.
Congress holds that motels may not discriminate on the basis of race. The Klan Motel challenges the regulation as
it applies to that motel. The owner will:
a. win; so long as there are plenty of motels available, there is no significant effect on interstate commerce by
such discrimination
b. win; a motel is a place of private, not public, accommodations
c. lose; all forms of racial discrimination are forbidden by the Commerce Clause
d. lose; Congress may regulate such local businesses
e. lose if the state in which the motel is located has passed a similar law to apply to motels
287. Congress passes a law that employers must give employees up to 12 weeks unpaid leave to attend to family
matters. The Virginia legislature decides that this in not enough and passes a law that requires employers in Virginia
to provide 16 weeks unpaid leave. This law is likely:
a. unconstitutional because its terms are different from those of the federal law
b. unconstitutional because employee relations is a strictly federal area of concern
c. constitutional as long as the law does not unnecessarily impede interstate commerce because it strengthens
the federal law
d. constitutional because states may regulate businesses in their borders in whatever manner they think
appropriate
e. unconstitutional because it invades the police power of the federal government
288. Congress passes a law that employers must give employees up to 12 weeks unpaid leave to attend to family
matters. The Virginia legislature decides that this in not enough and passes a law that requires employers in Virginia
to provide 16 weeks unpaid leave. This law is likely:
a. unconstitutional because its terms are different from those of the federal law
b. unconstitutional because employee relations is a strictly federal area of concern
c. constitutional because states may regulate businesses in their borders in whatever manner they think
appropriate
d. unconstitutional because it invades the police power of the federal government
e. none of the other choices
289. Bury-It Landfill operates a successful business disposing of refuse from Alabama and other states. In response to
pressure from the environmental lobby, the Alabama legislature passes a law prohibiting Alabama landfill operators
from accepting any out-of-state garbage. Bury-It challenges the law as unconstitutional. The landfill operator is
likely to:
a. lose the case because environmental protection is more important than profits
b. lose the case because the state may decide what goods move across its borders
c. win the case because the law violates the Commerce Clause
d. win the case because the law violates the Separation of Powers doctrine
e. win the case because promoting competitive business practices is more important than environmental
concerns
290. The federal Clean Air Act sets specific pollution standards. California adopts even stricter pollution standards
instate. This standard is likely to be found:
a. unconstitutional; states may not pass regulatory standards different than those of Congress
b. unconstitutional; states may not pass stronger regulatory standards than those of Congress
c. unconstitutional; the standard reduces the ability of California to compete in interstate commerce
d. constitutional; the standard does not favor California businesses
e. constitutional; the necessary and proper clause lets states pass regulations needed for local conditions
291. The federal Clean Air Act sets specific pollution standards. California adopts even stricter pollution standards
instate. This standard is likely to be found:
a. unconstitutional; states may not pass regulatory standards different than those of Congress
b. unconstitutional; states may not pass stronger regulatory standards than those of Congress
c. unconstitutional; the standard will reduce the ability of California to compete in interstate commerce
d. constitutional; the necessary and proper clause lets states pass regulations needed for local conditions
e. none of the other choices
292. Florida passes a tax that applies only to foreign ships that unload cargo at the ports of Miami and Tampa. This tax
is:
a. unconstitutional; it interferes with foreign trade
b. unconstitutional; states must charge fees for the use of public facilities
c. constitutional; it is related to benefits received
d. constitutional; it only applies to foreign merchants, so it does not discriminate against interstate commerce
e. constitutional so long as the federal government imposes a similar tax