41. 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?
a.
That the law was unconstitutional only if a corporate entity, not an individual, sponsored the communication.
b.
That the law was unconstitutional only if an individual, not a corporate entity, sponsored the communication.
c.
That the law was unconstitutional in that it involved small expenditures as well as larger ones.
d.
That the law was constitutional.
Challenging
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-8 Freedom of Speech and the Press
Blooms: Analysis
42. The division of power among the executive, legislative and judicial branches of government is typically referred to as:
a.
federalism.
b.
judicial review.
c.
separation of powers.
d.
the Supremacy clause.
c
Easy
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-2 Separation of Powers
Blooms: Comprehension
43. In the Junger v. Daley case 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:
a.
computer source code is not protected by the First Amendment.
b.
computer source code is protected by the First Amendment and that restrictions involving restrictions to such
code are reviewed under a rational basis standard.
c.
computer source code is protected by the First Amendment and that restrictions involving restrictions to such
code are reviewed under the substantially related test.
d.
computer source code is protected by the First Amendment and that restrictions involving restrictions to such
code are reviewed under a strict scrutiny standard.
Blooms: Application
44. Congress can override a President’s veto by a __________ vote of both the House of Representatives and the Senate.
a.
majority
b.
two-thirds
c.
three-quarters
d.
unanimous
45. The President has the power to make treaties with the advice and consent of:
a.
the House of Representatives.
b.
the Senate.
c.
both the House of Representatives and the Senate.
d.
either the House of Representatives or the Senate.
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-2 Separation of Powers
Blooms: Knowledge
46. The __________ provision of the U.S. Constitution forbids trying a person twice for the same crime.
a.
ex post facto
b.
bill of attainder
c.
double jeopardy
d.
privileges and immunities
c
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-7 Protection of Individual Liberties
Blooms: Comprehension
47. In CASE 4.4, United States v. Windsor (2103), the U.S. Supreme Court addressed the question of:
a.
whether the case should be analyzed using a ‘strict scrutiny’ analysis.
b.
the constitutionality of a state statute denying state benefits to same-sex couples who were married in states
where same-sex marriage is legal.
c.
the constitutionality of a federal statute denying federal benefits to same-sex couples who were married in
states where same-sex marriage is legal.
d.
whether the case should be analyzed using a ‘rational basis’ analysis.
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-2 Separation of Powers
Blooms: Comprehension
48. 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.
a.
Roe v. Wade
b.
Griswold v. Connecticut
c.
Planned Parenthood v. Casey
d.
Gonzalez v. Carhart
Challenging
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
4-12 Due Process under the Fifth and Fourteenth Amendments
Blooms: Analysis
49. The Seventh Amendment gives the right to a jury trial in civil cases when the value in dispute is greater than:
a.
$20.
b.
$40.
c.
$1,000.
d.
$5,000.
a
Moderate
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
4-7 Protection of Individual Liberties
Blooms: Comprehension
50. 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.
a.
absolute; implied
b.
express; absolute
c.
express; field
d.
absolute; field
c
Challenging
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
c
Challenging
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
4-14 Equal Protection
Blooms: Analysis
51. The __________ Amendment provides that no state shall “deprive any person of life, liberty, or property, without due
process of law.”
a.
Seventh
b.
Tenth
c.
Eleventh
d.
Fourteenth
Moderate
52. The general power retained by the states to protect the health, safety, welfare, and morals of state residents is often
referred to as ____ power.
police
regulatory
protective
community
a.
b.
c.
d.
a
Moderate
53. When equal protection is concerned, classifications based on gender are subject to the ___________ test.
rational basis
strict scrutiny
substantially related
gender-based
a.
b.
c.
d.
54. 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.
a.
subpoena a landowner
b.
eminent domain
c.
expropriate property
d.
re-zone land
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
Blooms: Application
55. Even when Congress has taken no action in regard to a matter, the __________ or __________ Commerce Clause
may impose restrictions on state action.
a.
dormant; negative
b.
dormant; positive
c.
relative; positive
d.
relative; negative
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
4-5 The Commerce Clause
Blooms: Analysis
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.
56. Refer to Fact Pattern 4-1. Which of the following is true regarding Martin’s ability to win on a claim alleging violation
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
Blooms: Application
of the due process clause of the U.S. Constitution?
a.
Martin will win only if he can establish that the law firm has at least one governmental client.
b.
Martin will win if he can establish that all other secretaries fired within at least the last year were given a
hearing before termination.
c.
Martin will win if he can establish that at least one secretary fired within the last year was given a hearing
before termination.
d.
Martin will lose because no governmental action was involved.
57. 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?
a.
Martin will lose because no statute or other action involving the government was involved.
b.
Martin will lose only if other female secretaries have been fired under similar circumstances.
c.
Martin will lose only if other female and male secretaries have been fired under similar circumstances.
d.
Whether Martin will lose or win depends on whether the judge decides to apply a rational basis test or a strict
scrutiny test to his claims.
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
Blooms: Application
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.
58. 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?
a.
The First Amendment
b.
The Fifth Amendment
c.
The Seventh Amendment
d.
Article One, Section Eight
United States – BUSPROG: – ANALYTIC
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
Blooms: Application
59. 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?
a.
That there is no federal constitutional requirement that jury trials be held in state court civil cases.
b.
That the federal constitution requires that jury trials be held in state court civil cases only if the controversy
involved exceeds the amount of $75,000.
c.
That the federal constitution requires that jury trials be held in state court civil cases only if the controversy
involved exceeds the amount of $20.
d.
That in all state court civil cases the federal constitution gives any party the right to demand a jury trial.
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
Blooms: Application
60. 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)?
a.
That the U.S. Constitution requires that a jury trial be held only if the controversy exceeds the amount of
$75,000, and the parties involved are all residents of the same state.
b.
That the U.S. Constitution requires that a jury trial be held in all such trials.
c.
That the U.S. Constitution does not provide the right to a jury in such situations.
d.
That 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.
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
Blooms: Analysis
Fact Pattern 4-3
Polly owns a restaurant seating 150 people. She just learns of a newly enacted regulation in her city requiring that larger
restaurants seating over 100 people be inspected by the health department on a monthly basis whereas smaller restaurants
would only be inspected twice per year. She also learned that Frank, the local mayor, who recently went through a nasty
divorce, was able to get passed a law requiring that restaurants owned by women pay a higher fee to receive a business
license than those owned by men. Polly is angry about both laws and wants to take action to have them struck down.
61. Refer to Fact Pattern 4-3. Under the Equal Protection clause, which of the following would be the city’s best argument
DISC: – AICPA: BB-Legal
Blooms: Analysis
that the law pertaining to more frequent inspections of larger restaurants should be upheld?
a.
That under the rational basis test, inspections by the health department are needed in order to guard against
food-borne illnesses.
b.
That under the strict scrutiny test, larger restaurants are important to the tax basis of the community and
should, therefore, be inspected more often to guard against illness and resulting lawsuits that could impact the
ability of the restaurants to remain in business.
c.
That under the substantially related test, owners of larger restaurants should expect to be inspected more often
because products used in interstate commerce are invariably involved.
d.
That under the common good test, large restaurants should be inspected more often in order to protect the
community’s tax base.
62. Refer to Fact Pattern 4-3. Under the Equal Protection clause, which of the following is the city’s best argument that the
law imposing a higher fee on female restaurant owners should be upheld?
a.
That under the rational basis test, females should pay higher taxes so long as it can be shown that they have a
higher rate of business failure.
b.
That under the intermediate level test, distinctions involving gender are examined in the same way as
distinctions based on guarantees in the Bill of Rights, and that the Bill of Rights allows gender-based
classifications.
c.
That under the strict scrutiny test, gender is a legitimate method by which to delineate differences between
categories of citizens.
d.
The city does not have a good argument because there is no justification for the distinction under the
substantially related test.
Challenging
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
63. The Tiny Motel is located in State X. It is not readily accessible from any major highway. Few, if any of their guests
are from out of state. The motel has filed suit in federal court to be exempt from the anti-discrimination provisions of the
Civil Rights Act of 1964. What are the arguments for and against exemption?
The Commerce Clause and whether interstate commerce is involved should be discussed.
There would likely be sufficient interstate commerce for the motel to be regulated by the
Challenging
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
4-5 Commerce Clause
Blooms: Application
64. State X has passed legislation to limit the amount of out–of-state widgets sold in the state. You are asked by an out–of–
a
Challenging
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
4-14 Equal Protection
Blooms: Analysis
state manufacturer to file a complaint in federal court to fight the law. What is your best argument?
65. In an effort to promote family time, State X passes a law prohibiting the advertisement in the state of movies rated
“restricted.” The law is challenged by a coalition of state newspapers on the basis that it violates the First Amendment of
the U.S. Constitution. Set forth the test the court should apply in order to determine whether the law is constitutional and
how the court would likely rule.
restriction does not seem narrowly tailored to meet the asserted governmental objective.
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
4-8 Freedom of Speech and the Press
Blooms: Analysis
66. State Y is planning a new superhighway. The traffic in state Y does not require any new roads. However, the state
wishes to be the first in the U.S. to have a wild animal park running down the center of its highway. This will require 40%
more land than ordinary superhighways. Claiming the power of eminent domain, the State has attempted to take Greg’s
house. Greg has filed suit to prevent this. How will the court decide this case and why?
state would have to pay Bob for his property.
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
Blooms: Analysis
67. State X passes a law restricting the right of citizens to vacation in foreign countries because the state prefers that its
citizens spend their vacation dollars in the U.S. A group of state citizens challenge the law. Set forth the standard a court
would apply in reviewing the law and the likely outcome of the case.
Commerce Clause.
DISC: – AICPA: BB-Legal
United States – BUSPROG: – ANALYTIC
4-5 Commerce Clause
Blooms: Application