Business Law Arlen Langvardt 17th Edition – Test Bank
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Sample Test
Business Law, 17e (Langvardt)
Chapter 3 Business and the Constitution
1) Article V of the Constitution makes the Constitution, laws,
and treaties of the United States supreme over state law.
Answer: FALSE
Explanation: Article VI of the Constitution makes the
Constitution, laws, and treaties of the United States supreme over state law.
Article V of the Constitution sets forth the procedures for amending the
Constitution.
Difficulty: 1 Easy
Topic: An Overview of the U.S. Constitution
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
2) The exercise of the power of judicial review depends on the
court’s reading of the Constitution.
Answer: TRUE
Explanation: Under the power of judicial review, courts
can declare the actions of other government bodies unconstitutional. How courts
exercise this power depends on how they choose to read the Constitution.
Difficulty: 1 Easy
Topic: The Evolution of the Constitution and the Role of
the Supreme Court
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
3) Congress cannot invalidate state laws that are passed
pursuant to the state’s police power.
Answer: FALSE
Explanation: Congress can preempt state regulation under
the supremacy clause.
Difficulty: 1 Easy
Topic: State and Federal Power to Regulate
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
4) The Fourteenth Amendment’s equal protection guarantee has
been made applicable to federal government action through incorporation of it
within the Fifth Amendment’s Due Process Clause.
Answer: TRUE
Explanation: The Fourteenth Amendment’s equal protection
guarantee has been made applicable to federal government action through
incorporation of it within the Fifth Amendment’s Due Process Clause.
Difficulty: 1 Easy
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-03 Describe the incorporation
doctrine’s role in making most guarantees of the Bill of Rights operate to
protect persons not only against certain federal government actions but also
against certain state and local government actions.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
5) The “ends” component of a means-ends test specifies how
significant a social purpose must be in order to justify the restriction of a
right.
Answer: TRUE
Explanation: The “ends” component of a means-ends test
specifies how significant a social purpose must be in order to justify the
restriction of a right.
Difficulty: 1 Easy
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-04 Explain the differences among
the means-ends tests used by courts when the constitutionality of government
action is being determined (strict scrutiny, intermediate scrutiny, and
rational basis).
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
6) Corporations engaging in political expression are entitled to
the same First Amendment protection as an individual engaged in such speech.
Answer: TRUE
Explanation: If a corporation engages in political or
other noncommercial expression, it is entitled to full First Amendment
protection, just as an individual would be if he/she engaged in such speech.
Difficulty: 1 Easy
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-05 Describe the differences between
noncommercial speech and commercial speech and the respective levels of First
Amendment protection they receive.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
7) The First Amendment prohibits state regulation of deceptive
commercial advertising.
Answer: FALSE
Explanation: There is no First Amendment obstacle to
federal or state regulation of deceptive commercial advertising.
Difficulty: 1 Easy
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-05 Describe the differences between
noncommercial speech and commercial speech and the respective levels of First
Amendment protection they receive.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
8) Federal restrictions that forbid beer producers from listing
the alcohol content of their beer on product labels are unconstitutional.
Answer: TRUE
Explanation: In Coors
v. Rubin (1995), the Supreme Court struck down federal
restrictions that kept beer producers from listing the alcohol content of their
beer on product labels.
Difficulty: 1 Easy
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-05 Describe the differences between
noncommercial speech and commercial speech and the respective levels of First
Amendment protection they receive.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
9) Today, social and economic regulations generally receive
rational basis review when they are challenged on the grounds of equal
protection.
Answer: TRUE
Explanation: The rational basis review/test is the
standard usually applied to social and economic regulations that are challenged
as denying equal protection.
Difficulty: 2 Medium
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-07 Identify the instances when an
Equal Protection Clause–based challenge to government action triggers more
rigorous scrutiny than the rational basis test.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
10) Today, discrimination on the basis of gender receives full
strict scrutiny compared to discrimination on the basis of race, which receives
intermediate scrutiny.
Answer: FALSE
Explanation: Discrimination on the basis of race receives
full strict scrutiny while gender discrimination receives intermediate
scrutiny.
Difficulty: 1 Easy
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-04 Explain the differences among
the means-ends tests used by courts when the constitutionality of government
action is being determined (strict scrutiny, intermediate scrutiny, and
rational basis).
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
11) Government action that discriminates on the basis of
illegitimacy receives full strict scrutiny.
Answer: FALSE
Explanation: Government action that discriminates on the
basis of illegitimacy receives intermediate scrutiny.
Difficulty: 1 Easy
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-07 Identify the instances when an
Equal Protection Clause–based challenge to government action triggers more
rigorous scrutiny than the rational basis test.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
12) The Contract Clause applies only to state laws that impair
past contracts—contracts made before passage of the state law in question.
Answer: TRUE
Explanation: The Contract Clause deals with state laws
that change the parties’ performance obligations under an existing contract
after that contract has been made.
Difficulty: 1 Easy
Topic: Independent Checks Applying Only to the States
Learning Objective: 03-07 Identify the instances when an
Equal Protection Clause–based challenge to government action triggers more
rigorous scrutiny than the rational basis test.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
13) The Commerce Clause limits the states’ ability to
discriminate against interstate commerce.
Answer: TRUE
Explanation: The Commerce Clause limits the states’
ability to burden or discriminate against interstate commerce.
Difficulty: 1 Easy
Topic: Independent Checks Applying Only to the States
Learning Objective: 03-08 Explain the burden-on-commerce
doctrine’s role in making certain state government actions unconstitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
14) If a state law discriminates against interstate commerce,
then the strictest scrutiny will be applied in the determination of its
constitutionality.
Answer: TRUE
Explanation: In a 1994 case, the Supreme Court said that
if a state law discriminates against interstate commerce, the strictest
scrutiny will be applied in the determination of the law’s constitutionality.
Difficulty: 1 Easy
Topic: Independent Checks Applying Only to the States
Learning Objective: 03-08 Explain the burden-on-commerce
doctrine’s role in making certain state government actions unconstitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
15) The Takings Clause comes from the Fifth Amendment of the
Constitution.
Answer: TRUE
Explanation: The Takings Clause contained in the Fifth
Amendment states that “private property [shall not] be taken for public use,
without just compensation.”
Difficulty: 1 Easy
Topic: The Takings Clause
Learning Objective: 03-10 Explain the power granted to the
government by the Takings Clause, as well as the limits on that power.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
16) The constitutional right of privacy includes various rights
that the Supreme Court has declared as fundamental for citizens and
families.
Answer: TRUE
Explanation: The Supreme Court has declared that the right
of privacy includes the rights to marry, have children and direct one’s children’s
education and upbringing, enjoy marital privacy, use contraception, and, within
certain limits, elect to have an abortion.
Difficulty: 1 Easy
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-06 Explain the difference between
procedural due process and substantive due process.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
17) Article III of the Constitution determines the types of
cases the federal courts may decide.
Answer: TRUE
Explanation: Article III gives the judicial power of the
United States to the Supreme Court and the other federal courts later
established by Congress. Article III also determines the types of cases the
federal courts may decide.
Difficulty: 1 Easy
Topic: An Overview of the U.S. Constitution
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
18) Judges sometimes may be reluctant to declare statutes
unconstitutional because they are wary of power struggles with a more
representative body such as Congress.
Answer: TRUE
Explanation: Today, judges exercise political power by
declaring the actions of legislatures unconstitutional under standards largely
of the judiciary’s own devising. This sometimes leads to charges that courts
are undemocratic, elitist institutions. Such charges put political constraints
on judges because courts depend on the other branches of government—and
ultimately on public belief in judges’ fidelity to the rule of law—to make
their decisions effective. Therefore, judges sometimes may be reluctant to
declare statutes unconstitutional because they are wary of power struggles with
a more representative body such as Congress.
Difficulty: 2 Medium
Topic: The Evolution of the Constitution and the Role of
the Supreme Court
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
19) Federal legislation may be found to be constitutional even
if it is not based on a power specifically stated in the Constitution.
Answer: FALSE
Explanation: Federal legislation cannot be constitutional
if it is not based on a power specifically stated in the Constitution.
Difficulty: 2 Medium
Topic: The Coverage and Structure of This Chapter
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
20) As evidenced by National
Federation of Independent Business v. Sebelius, the case in the
text, Congress’s taxing power is seen as very narrow.
Answer: FALSE
Explanation: Today, the reach of the taxing power is seen
as very broad, as evidenced by National
Federation of Independent Business v. Sebelius.
Difficulty: 1 Easy
Topic: State and Federal Power to Regulate
Learning Objective: 03-02 Explain the key role of the U.S.
Constitution’s Commerce Clause in authorizing action by Congress.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
21) The U.S. Constitution provides distinct powers to Congress,
the President, and the federal courts. This is the principle of:
1. A) separation
of powers.
2. B)
federal supremacy.
3. C)
judicial review.
4. D)
due process of law.
Answer: A
Explanation: According to the principle of separation of
powers, the U.S. Constitution provides distinct powers to Congress, the
President, and the federal courts.
Difficulty: 1 Easy
Topic: An Overview of the U.S. Constitution
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
22) ________ enumerates the principle of federal supremacy.
1. A)
Article III
2. B)
Article IV
3. C)
Article V
4. D)
Article VI
Answer: D
Explanation: Article VI makes the Constitution, laws, and
treaties of the United States supreme over state law. In other words, it
enumerates the principle of federal supremacy.
Difficulty: 2 Medium
Topic: An Overview of the U.S. Constitution
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
23) Which of the following gives the President executive power?
1. A)
Congress
2. B)
The Supreme Court
3. C)
The U.S. Constitution
4. D)
State legislatures
Answer: C
Explanation: Article II of the U.S. Constitution gives the
President the executive power—the power to execute or enforce the laws passed
by Congress.
Difficulty: 1 Easy
Topic: An Overview of the U.S. Constitution
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
24) Which of the following doctrines empowers courts to declare
the actions of other government bodies unconstitutional?
1. A)
Judicial review
2. B)
Federal supremacy
3. C)
Federalism
4. D) Separation
of powers
Answer: A
Explanation: Under the power of judicial review, courts
can declare the actions of other government bodies unconstitutional; and how
courts exercise this power depends on how they choose to read the Constitution.
Difficulty: 1 Easy
Topic: The Evolution of the Constitution and the Role of
the Supreme Court
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
25) Enumerated powers are those powers that ________ can
exercise.
1. A)
states
2. B)
Congress
3. C)
U.S. Supreme Court
4. D)
trial courts
Answer: B
Explanation: The U.S. Constitution lists the powers that
Congress can exercise; these are called enumerated powers.
Difficulty: 1 Easy
Topic: The Coverage and Structure of This Chapter
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
26) Congress has the power to regulate commerce among the
states. Pursuant to this power, Congress passed legislation forbidding women
from crossing state lines to buy or sell goods. Will the statute be held
constitutional?
1. A)
Yes, because Congress has the power to regulate interstate commerce.
2. B)
Yes, because Congress has not exceeded its enumerated power in enacting the
legislation.
3. C)
No, because it conflicts with the equal protection guarantee.
4. D)
Yes, because federal laws are always superior.
Answer: C
Explanation: The equal protection guarantee serves as a
check on the enumerated power given to Congress to regulate commerce among the
states.
Difficulty: 3 Hard
Topic: The Coverage and Structure of This Chapter
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
27) Both Congress and state legislatures can make laws within
areas covered under their concurrent powers, unless Congress preempts state
regulation under the:
1. A)
Supremacy Clause.
2. B)
Takings Clause.
3. C)
“checks and balances” system.
4. D)
Regulatory Clause.
Answer: A
Explanation: In many other areas, Congress and state
legislatures have concurrent powers, i.e., both can make law within those
areas. However, Congress preempts state regulation under the Supremacy Clause.
Difficulty: 2 Medium
Topic: State and Federal Power to Regulate
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
28) Which of the following is an important state legislative
power that works concurrently with many congressional powers?
1. A)
Enumerated power
2. B)
Police power
3. C)
Independent checks
4. D)
Taxing power
Answer: B
Explanation: Police power is an important state
legislative power that works concurrently with congressional powers to regulate
for the public health, safety, morals, and welfare.
Difficulty: 1 Easy
Topic: State and Federal Power to Regulate
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
29) What was the original reason for granting Congress the power
to regulate interstate commerce after the Revolution?
1. A) To
generate federal revenue
2. B) To
establish federal supremacy
3. C) To
block protectionist state restrictions on interstate trade
4. D) To
enable a transition to a unitary system
Answer: C
Explanation: The original reason for giving Congress the
power to regulate interstate commerce was to nationalize economic matters by
blocking the protectionist state restrictions on interstate trade that were
common after the Revolution.
Difficulty: 1 Easy
Topic: State and Federal Power to Regulate
Learning Objective: 03-02 Explain the key role of the U.S.
Constitution’s Commerce Clause in authorizing action by Congress.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
30) The Commerce Clause has become a federal power with an
extensive regulatory reach. This is largely due to judicial decisions
regulating:
1. A)
the channels of interstate commerce.
2. B)
and protecting the instrumentalities of interstate commerce.
3. C)
persons or things in interstate commerce.
4. D)
activities that substantially affect interstate commerce.
Answer: D
Explanation: The literal language of the Commerce Clause
simply empowers Congress to regulate commerce that occurs among the states.
However, due to judicial decisions regarding congressional action regulating
activities that substantially affect interstate commerce, the Commerce Clause
has become a federal power with an extensive regulatory reach.
Difficulty: 2 Medium
Topic: State and Federal Power to Regulate
Learning Objective: 03-02 Explain the key role of the U.S.
Constitution’s Commerce Clause in authorizing action by Congress.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
31) Which of the following is true of the Commerce Clause in
present times?
1. A) It
has become a federal power with an extensive regulatory reach.
2. B) It
no longer blocks state regulations that hinder interstate commerce.
3. C) It
has been preempted by the federal taxing and spending powers.
4. D) It
allows Congress to regulate interstate commerce but not intrastate activities
affecting it.
Answer: A
Explanation: The Commerce Clause gives Congress the power
to regulate activities that substantially affect interstate commerce. Due to
several judicial decisions in this area, the Commerce Clause has become a
federal power with an extensive regulatory reach.
Difficulty: 2 Medium
Topic: State and Federal Power to Regulate
Learning Objective: 03-02 Explain the key role of the U.S.
Constitution’s Commerce Clause in authorizing action by Congress.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
32) What is the main purpose of the taxing power?
1. A) To
enact healthcare reform law.
2. B) To
regulate grants to the states.
3. C) To
regulate interstate commerce.
4. D) To
raise revenue for the federal government.
Answer: D
Explanation: The main purpose of the taxing power,
explained in Article I, Section 8 of the Constitution, is to provide a means of
raising revenue for the federal government.
Difficulty: 2 Medium
Topic: State and Federal Power to Regulate
Learning Objective: 03-02 Explain the key role of the U.S.
Constitution’s Commerce Clause in authorizing action by Congress.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
33) Which of the following augments the powers of Congress by
permitting it to enact laws that are useful or conducive to the exercise of
those enumerated powers?
1. A)
The Commerce Clause
2. B)
The taxing power
3. C)
The spending power
4. D)
The Necessary and Proper Clause
Answer:D
Explanation: Article I, Section 8 concludes with a
provision granting Congress the further power to “make all laws which shall be
necessary and proper for carrying into execution the foregoing powers ….” This
actually augments the powers of Congress by permitting Congress to enact laws
that are useful or conducive to the exercise of those enumerated powers.
Difficulty: 1 Easy
Topic: State and Federal Power to Regulate
Learning Objective: 03-02 Explain the key role of the U.S.
Constitution’s Commerce Clause in authorizing action by Congress.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
34) Which of the following prevents the federal government from
depriving “any person of life, liberty, or property, without due process of
law”?
1. A)
First Amendment
2. B)
Fifth Amendment
3. C)
Fourteenth Amendment
4. D)
Fifteenth Amendment
Answer: B
Explanation: The Fifth Amendment prevents the federal
government from depriving “any person of life, liberty, or property, without
due process of law.”
Difficulty: 1 Easy
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-03 Describe the incorporation
doctrine’s role in making most guarantees of the Bill of Rights operate to
protect persons not only against certain federal government actions but also
against certain state and local government actions.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
35) The ________ Amendment says that no state shall “deny to any
person … the equal protection of the laws.”
1. A)
Fifth
2. B)
Tenth
3. C)
Fourteenth
4. D)
Sixteenth
Answer: C
Explanation: The Fourteenth Amendment says that no state
shall “deny to any person . . . the equal protection of the laws.” It
guarantees the right of equal protection to all citizens.
Difficulty: 1 Easy
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-03 Describe the incorporation
doctrine’s role in making most guarantees of the Bill of Rights operate to
protect persons not only against certain federal government actions but also
against certain state and local government actions.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
36) The ________ requirement ensures that most of the
Constitution’s individual rights provisions block only the actions of
government bodies, and not private bodies, in cases of violation of rights.
1. A)
independent checks
2. B)
due process
3. C)
state action
4. D)
federal supremacy
Answer: C
Explanation: Most of the Constitution’s individual rights
provisions block only the actions of government bodies, federal, state, and
local. Private behavior that denies individual rights, while perhaps forbidden
by statute, is very seldom a constitutional matter. This government action or
state action requirement forces courts to distinguish between governmental
behavior and private behavior.
Difficulty: 2 Medium
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-03 Describe the incorporation
doctrine’s role in making most guarantees of the Bill of Rights operate to
protect persons not only against certain federal government actions but also
against certain state and local government actions.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
37) The Supreme Court judicially created a means-ends test
because:
1. A)
individual rights must be protected at any cost.
2. B)
the correct procedure of law has to be followed.
3. C) no
constitutional right is absolute.
4. D)
the conduct of public officials must be scrutinized.
Answer: C
Explanation: Such tests have been developed by the Supreme
Court because no constitutional right is absolute and courts have to strike a
balance between individual rights and the social needs that may justify their
suppression.
Difficulty: 2 Medium
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-04 Explain the differences among
the means-ends tests used by courts when the constitutionality of government
action is being determined (strict scrutiny, intermediate scrutiny, and
rational basis).
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
38) The ________ is a very relaxed means-ends test of
constitutionality that challenged laws usually pass with ease.
1. A)
rational basis test
2. B)
intermediate scrutiny
3. C)
due process test
4. D)
full strict scrutiny
Answer: A
Explanation: The rational basis test is a very relaxed
test of constitutionality that challenged laws usually pass with ease. A
typical formulation of the rational basis test might say that government action
need only have a reasonable relation to the achievement of a legitimate
government purpose to be constitutional.
Difficulty: 1 Easy
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-04 Explain the differences among
the means-ends tests used by courts when the constitutionality of government
action is being determined (strict scrutiny, intermediate scrutiny, and
rational basis).
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
39) The sex discrimination test is an example of the:
1. A)
rational basis test.
2. B)
intermediate scrutiny.
3. C)
full strict scrutiny test.
4. D)
due process test.
Answer: B
Explanation: Sex discrimination receives an intermediate
scrutiny means-ends test.
Difficulty: 1 Easy
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-04 Explain the differences among
the means-ends tests used by courts when the constitutionality of government
action is being determined (strict scrutiny, intermediate scrutiny, and
rational basis).
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
40) “The challenged law must be necessary to the fulfillment of
a compelling government purpose.” This describes:
1. A)
the rational basis test.
2. B)
intermediate scrutiny.
3. C)
the full strict scrutiny test.
4. D)
the still-controlling test.
Answer: C
Explanation: Governments may offer this justification for
certain activities, which then makes those activities subject to a full strict
scrutiny test. Government action that is subjected to this rigorous test of
constitutionality is usually struck down.
Difficulty: 1 Easy
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-04 Explain the differences among
the means-ends tests used by courts when the constitutionality of government
action is being determined (strict scrutiny, intermediate scrutiny, and
rational basis).
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
41) Which of the following would receive stricter scrutiny?
1. A)
Right to own a business
2. B)
Right of teenagers to congregate
3. C)
Classifications based on gender
4. D)
Right to advertise
Answer: C
Explanation: Sex discrimination test is an example of
intermediate scrutiny. The right to own a business, right of teenagers to
congregate, and the right to advertise would be subjection the rational basis
test.
Difficulty: 2 Medium
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-04 Explain the differences among
the means-ends tests used by courts when the constitutionality of government
action is being determined (strict scrutiny, intermediate scrutiny, and
rational basis).
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
42) The First Amendment provides that “Congress shall make no
law … abridging the freedom of speech.” What is often described as being at the
“core” of the First Amendment?
1. A)
Commercial speech
2. B)
Artistic speech
3. C)
Advertisements
4. D)
Political speech
Answer: D
Explanation: The First Amendment protects speech of a
literary or artistic nature, speech dealing with scientific, economic,
educational, and ethical issues, and expression on many other matters of public
interest or concern. However, it is political speech—expression that deals in
some fashion with government, government issues or policies, public officials,
or political candidates—that is often described as being at the “core” of the
First Amendment.
Difficulty: 1 Easy
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-05 Describe the differences between
noncommercial speech and commercial speech and the respective levels of First
Amendment protection they receive.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
43) When is a corporation entitled to full First Amendment
protection?
1. A)
When it engages in artistic speech.
2. B)
When it works for the public good.
3. C)
When it aids in promoting federal power.
4. D)
When it engages in political speech.
Answer: D
Explanation: If a corporation engages in political or
other noncommercial expression, it is entitled to full First Amendment
protection, just as an individual would be if he/she engaged in such speech.
Difficulty: 2 Medium
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-05 Describe the differences between
noncommercial speech and commercial speech and the respective levels of First
Amendment protection they receive.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
44) Which of the following is true of noncommercial speech?
1. A) It
does not cover political speech.
2. B)
Books, musical works, and journal articles are classified as noncommercial
speech, but are not fully protected due to the existence of an underlying
profit motive.
3. C) It
receives the full benefit of the First Amendment protection.
4. D)
Any kind of corporate speech is classified as noncommercial speech.
Answer: C
Explanation: Some corporate speech is classified as commercial
speech, and though all corporate speakers have First Amendment rights, not all
speech of a corporation is fully protected. Books, musical works, and journal
articles are normally classified as noncommercial speech—and are thus fully
protected—despite the typical existence of an underlying profit motive.
Difficulty: 2 Medium
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-05 Describe the differences between
noncommercial speech and commercial speech and the respective levels of First
Amendment protection they receive.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
45) Which of the following statements regarding commercial
speech is true?
1. A) It
enjoys the same First Amendment protection as political expression.
2. B) It
is not protected if it misleads or seeks to promote an illegal activity.
3. C) It
receives rational basis protection, if it is not misleading.
4. D)
Movies, television programs, and magazine articles are normally classified as
commercial speech and are thus fully protected.
Answer: B
Explanation: Commercial speech receives no protection if
it misleads or seeks to promote an illegal activity. As a result, there is no
First Amendment obstacle to federal or state regulation of deceptive commercial
advertising.
Difficulty: 2 Medium
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-05 Describe the differences between
noncommercial speech and commercial speech and the respective levels of First
Amendment protection they receive.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
46) In the context of commercial speech, the Supreme Court
developed the ________ test, which amounts to intermediate scrutiny.
1. A)
means-ends
2. B)
still-controlling
3. C)
proximate cause
4. D)
rational basis
Answer: B
Explanation: Roughly three decades ago, the Supreme Court
developed a still-controlling test that amounts to intermediate scrutiny. Under
this test, a government restriction on protected commercial speech does not
violate the First Amendment if the government proves that a substantial
government interest underlies the restriction, that the restriction directly
advances the underlying interest, and that the restriction is no more extensive
than necessary to further the interest.
Difficulty: 1 Easy
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-05 Describe the differences between
noncommercial speech and commercial speech and the respective levels of First
Amendment protection they receive.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
47) Which of the following characterizes procedural due process?
1. A)
The procedures are clearly set forth in the Constitution.
2. B) It
entitles one to a fair hearing before action is taken.
3. C) It
challenges rules that set standards of behavior for organized social life.
4. D) It
does not require adequate notice to be given before action.
Answer: B
Explanation: Although the requirements of procedural due
process vary from situation to situation, the core idea is that one is entitled
to adequate notice of the government action to be taken against him/her and to
some sort of fair trial or hearing before that action can occur. Procedural due
process does not challenge rules of substantive law—the rules that set
standards of behavior for organized social life.
Difficulty: 2 Medium
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-06 Explain the difference between
procedural due process and substantive due process.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
48) The right to notice of the charges brought against you and
to some kind of fair trial or hearing to prove those charges are central
requirements of:
1. A)
substantive due process.
2. B)
equal protection.
3. C)
procedural due process.
4. D)
economic due process.
Answer: C
Explanation: Although the requirements of procedural due
process vary from situation to situation, the core idea is that one is entitled
to adequate notice of the government action to be taken against him/her and to
some sort of fair trial or hearing before that action can occur.
Difficulty: 1 Easy
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-06 Explain the difference between
procedural due process and substantive due process.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
49) Which of the following is applied to the equal protection
standard?
1. A)
The due process test
2. B)
The still-controlling test
3. C)
The proximate cause test
4. D)
The rational basis test
Answer: D
Explanation: The basic equal protection standard is the
rational basis test. This is the standard usually applied to social and
economic regulations that are challenged as denying equal protection.
Difficulty: 1 Easy
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-07 Identify the instances when an
Equal Protection Clause–based challenge to government action triggers more
rigorous scrutiny than the rational basis test.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
50) Which of the following is generally subject to a rational
basis review?
1. A)
Regulation of political speech that is challenged under the First Amendment.
2. B)
Regulation of commercial speech that is challenged under the First Amendment.
3. C)
Laws that discriminate on the basis of illegitimacy.
4. D)
Laws that regulate social and economic matters.
Answer: D
Explanation: The basic equal protection standard is the
rational basis test. This is the standard usually applied to social and
economic regulations that are challenged as denying equal protection.
Difficulty: 2 Medium
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-07 Identify the instances when an
Equal Protection Clause–based challenge to government action triggers more
rigorous scrutiny than the rational basis test.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
51) The equal protection standard is generally judged in a
lenient manner. However, laws that discriminate regarding ________ are made to
undergo a much more rigorous test.
1. A)
education
2. B)
profession
3. C)
race
4. D)
age
Answer: C
Explanation: The rational basis test is the basic equal
protection standard. Some classifications, however, receive tougher means-ends
scrutiny such as race and ethnicity. Classifications disadvantaging racial or
national minorities receive the most rigorous kind of strict scrutiny and are
almost never constitutional.
Difficulty: 2 Medium
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-07 Identify the instances when an
Equal Protection Clause–based challenge to government action triggers more
rigorous scrutiny than the rational basis test.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
52) Which of the following has NOT been categorized as a suspect
class?
1. A)
Race and national origin
2. B)
Alienage
3. C)
Sexual orientation
4. D)
Illegitimacy
Answer: C
Explanation: Race and national origin, alienage, and
illegitimacy are suspect classes. Sexual orientation is not a suspect class at
the federal level though some states recognize sexual orientation as a suspect
class for purposes of discrimination suits.
Difficulty: 1 Easy
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-07 Identify the instances when an
Equal Protection Clause–based challenge to government action triggers more
rigorous scrutiny than the rational basis test.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
53) Which of the following is true of the Contract Clause?
1. A) It
applies to laws that impair contracts made after the law’s passage.
2. B) It
imposes tougher standards on government contracts than on private contracts.
3. C) It
does not apply to government contracts.
4. D) It
has gradually increased in importance from the 19th century to the 20th
century.
Answer: A
Explanation: Article I, Section 10 of the Constitution
states: “No State shall . . . pass any . . . Law impairing the Obligation of
Contracts.” Known as the Contract Clause, this provision deals with state laws
that change the parties’ performance obligations under an existing contract
after that contract has been made. In two early 19th-century cases, the
Contract Clause was held to protect the obligations of governmental contracts.
The Contract Clause probably was the most important constitutional check on
state regulation of the economy for much of the 19th century. By the mid-20th
century, most observers treated the clause as being of historical interest
only.
Difficulty: 2 Medium
Topic: Independent Checks Applying Only to the States
Learning Objective: 03-07 Identify the instances when an
Equal Protection Clause–based challenge to government action triggers more
rigorous scrutiny than the rational basis test.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
54) Which of the following is also known as the “dormant”
Commerce Clause?
1. A)
Power of Congress to regulate interstate commerce.
2. B)
Power of Congress to regulate instrumentalities of interstate commerce.
3. C)
Limits on the states’ ability to burden interstate commerce.
4. D)
Limits on Congress to burden states with taxes.
Answer: C
Explanation: The Commerce Clause limits the states’
ability to burden or discriminate against interstate commerce. Since this
limitation is not expressly stated in the Constitution but arises by
implication from the Commerce Clause, it is also called the “dormant” Commerce
Clause.
Difficulty: 1 Easy
Topic: Independent Checks Applying Only to the States
Learning Objective: 03-08 Explain the burden-on-commerce
doctrine’s role in making certain state government actions unconstitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
55) In general, which of the following is least likely to
unconstitutionally burden interstate commerce?
1. A) A
state law requiring that all state vehicles burn gasoline produced and refined
within the state.
2. B) A
state law imposing tougher purity standards on food imported from out of state
than from food produced within the state.
3. C) A
state law requiring in-state liquor distillers to post the prices at which they
will sell within the state, and not to exceed those prices when they sell in
other states.
4. D) A
state tax on gasoline that makes it more expensive for trucking companies to
route their trucks through the state.
Answer: A
Explanation: Laws may unconstitutionally burden interstate
commerce when they directly regulate that commerce. This can occur, for
example, when state price regulations require firms to post the prices at which
they will sell within the state and to promise that they will not sell below
those prices in other states. Because they affect prices in other states, such
regulations directly regulate interstate commerce and usually are
unconstitutional.
Difficulty: 3 Hard
Topic: Independent Checks Applying Only to the States
Learning Objective: 03-08 Explain the burden-on-commerce
doctrine’s role in making certain state government actions unconstitutional.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
56) Which of the following independent checks blocks only state
laws and not federal laws?
1. A)
Equal protection
2. B)
The First Amendment
3. C)
Federal preemption
4. D)
Due process
Answer: C
Explanation: The constitutional principle of federal
supremacy dictates that when state law conflicts with valid federal law, the
federal law is supreme. In such a situation, the state law is said to be
preempted by the federal regulation.
Difficulty: 2 Medium
Topic: Independent Checks Applying Only to the States
Learning Objective: 03-09 Identify the major circumstances
in which federal law will preempt state law.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
57) Federal regulation is considered to be officially
“pervasive” when:
1. A)
Congress has given an administrative agency broad regulatory power in a particular
area.
2. B)
there is literal conflict between the measures by different states.
3. C)
the state regulation is an obstacle to federal regulations.
4. D)
there is a conflict regarding a federal issue between private citizens.
Answer: A
Explanation: The federal regulation is pervasive if
Congress has “occupied the field” by regulating a subject in great breadth
and/or in considerable detail. Such action by Congress may suggest an intent to
displace state regulation of the subject.
Difficulty: 2 Medium
Topic: Independent Checks Applying Only to the States
Learning Objective: 03-09 Identify the major circumstances
in which federal law will preempt state law.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
58) The central question in most federal preemption cases is:
1. A)
the intent of Congress.
2. B)
whether the federal law is supreme.
3. C)
whether due process was afforded.
4. D)
the application of the doctrine of judicial review.
Answer: A
Explanation: The constitutional principle of federal
supremacy dictates that when state law conflicts with valid federal law, the
federal law is supreme. In such a situation, the state law is said to be
preempted by the federal regulation. The central question in most federal
preemption cases is the intent of Congress.
Difficulty: 1 Easy
Topic: Independent Checks Applying Only to the States
Learning Objective: 03-09 Identify the major circumstances
in which federal law will preempt state law.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
59) Under the Takings Clause, a “taking”:
1. A)
occurs when the government uses formal eminent domain procedures to condemn
private property.
2. B)
can only be of land, and not of other kinds of property.
3. C)
cannot occur through government regulation that merely diminishes the value of
private property.
4. D)
cannot occur by simply an invasion of private property.
Answer: A
Explanation: The Takings Clause comes into effect when the
government formally condemns land through its power of eminent domain, but it
has many other applications as well. The Clause both recognizes government’s
power to take private property and limits the exercise of that power. It
protects other property interests besides land and interests in land. There may
be a taking when the government physically invades private property. It has
long been recognized that overly extensive land use regulation may so diminish
the value of property or the owner’s enjoyment of it as to constitute a taking.
Difficulty: 2 Medium
Topic: The Takings Clause
Learning Objective: 03-10 Explain the power granted to the
government by the Takings Clause, as well as the limits on that power.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
60) Which of the following is a characteristic of the “Takings
Clause”?
1. A) It
includes issues of property as well as the sale of goods.
2. B) It
protects the public from government intrusion onto their property.
3. C)
Private property can be taken for public use, without any reparation.
4. D)
The property owner must receive just compensation.
Answer: D
Explanation: The Fifth Amendment states that “private
property [shall not] be taken for public use, without just compensation.” The
Takings Clause both recognizes government’s power to take private property and
limits the exercise of that power. It does so by requiring that when property
is subjected to a governmental taking, the taking must be for a public use and
the property owner must receive just compensation.
Difficulty: 2 Medium
Topic: The Takings Clause
Learning Objective: 03-10 Explain the power granted to the
government by the Takings Clause, as well as the limits on that power.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
61) Which of the following is a characteristic of government
that vests the executive, legislative, and judicial powers in separate bodies?
1. A)
Separation of powers
2. B)
Federal supremacy
3. C)
Judicial review
4. D) Checks
and balances
Answer: A
Explanation: Separation of powers is a characteristic of
government that vests the executive, legislative, and judicial powers in
separate bodies.
Difficulty: 1 Easy
Topic: An Overview of the U.S. Constitution
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
62) Which of the following is a fundamental principal of
American government, guaranteed by the Constitution, whereby each branch has
some measure of influence over the other branches and may choose to block
procedures of the other branches?
1. A)
Separation of powers
2. B)
Due process
3. C)
Checks and balances
4. D)
Judicial review
Answer: C
Explanation: Checks and balances is a fundamental
principal of American government, guaranteed by the Constitution, whereby each
branch (executive, judicial, and legislative) has some measure of influence
over the other branches and may choose to block procedures of the other
branches.
Difficulty: 1 Easy
Topic: An Overview of the U.S. Constitution
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
63) ________ of the Constitution gives the President the power
to execute or enforce the laws passed by Congress.
1. A)
Article III
2. B)
Article IV
3. C)
Article V
4. D)
Article II
Answer: D
Explanation: Article II of the Constitution gives the
president the executive power—the power to execute or enforce the laws passed
by Congress.
Difficulty: 1 Easy
Topic: An Overview of the U.S. Constitution
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
64) Which of the following statements about Article I of the
Constitution is false?
1. A)
Article I establishes a Congress composed of a Senate and a House of
Representatives.
2. B)
Article I gives Congress sole power to legislate at the federal level.
3. C)
Article I sets out rules for the enactment of legislation.
4. D)
Article I gives the judicial power of the United States to the Supreme Court
and other federal courts later established by Congress.
Answer: D
Explanation: Article III of the Constitution gives the
judicial power of the United States to the Supreme Court and the other federal
courts later established by Congress.
Difficulty: 1 Easy
Topic: An Overview of the U.S. Constitution
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
65) The Tenth Amendment provides that those powers the
Constitution neither gives to the federal government nor denies to the states
are reserved to the states or the people. This is an example of:
1. A)
checks and balances.
2. B)
federalism.
3. C)
federal supremacy.
4. D) separation
of powers.
Answer: B
Explanation: The Constitution recognizes the principle of
federalism in the way it structures power relations between the federal
government and the states. After listing the powers Congress holds, Article I
lists certain powers that Congress cannot exercise. The Tenth Amendment
provides that those powers the Constitution neither gives to the federal
government nor denies to the states are reserved to the states or the people.
Difficulty: 1 Easy
Topic: An Overview of the U.S. Constitution
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
66) Which of the following describes the ability of federal laws
to defeat inconsistent state laws in case they conflict?
1. A)
Federal supremacy
2. B)
Separation of powers
3. C)
Federalism
4. D)
Checks and balances
Answer: A
Explanation: Federal supremacy is the ability of federal
laws to defeat inconsistent state laws in case they conflict. This principle
may cause federal statutes to preempt inconsistent state laws.
Difficulty: 1 Easy
Topic: An Overview of the U.S. Constitution
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
67) ________ sets forth the procedures for amending the
Constitution, which has been amended ________ times.
1. A)
Article V; 27
2. B)
Article IV; 10
3. C)
Article II; 27
4. D)
Article III; 10
Answer: A
Explanation: Article V sets forth the procedures for
amending the Constitution. The Constitution has been amended 27 times. The
first 10 of these amendments comprise the Bill of Rights.
Difficulty: 1 Easy
Topic: An Overview of the U.S. Constitution
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
68) Which of the following has become the Constitution’s main
“amender” through its many interpretations of constitutional provisions?
1. A)
U.S. Supreme Court
2. B)
Attorney General
3. C)
Executive branch
4. D)
Congress
Answer: A
Explanation: As a practical matter, the Supreme Court has
become the Constitution’s main “amender” through its many interpretations of
constitutional provisions.
Difficulty: 2 Medium
Topic: The Evolution of the Constitution and the Role of
the Supreme Court
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
69) Which of the following are specific powers granted to
Congress as outlined in Article, I, Section 8 of the Constitution?
1. A)
Police powers
2. B)
Enumerated powers
3. C)
Separation of powers
4. D)
Checks and balances
Answer: B
Explanation: Enumerated powers are specific powers granted
to Congress as outlined in Article, I, Section 8 of the Constitution.
Difficulty: 1 Easy
Topic: The Coverage and Structure of This Chapter
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
70) Which of the following are limits put in place by the
Constitution limiting both state and federal power?
1. A)
Federalism
2. B)
Independent checks
3. C)
Checks and balances
4. D) Separation
of powers
Answer: B
Explanation: Independent checks are limits put in place by
the Constitution limiting both state and federal power. In effect, the
independent checks establish that even if Congress has an enumerated power to
legislate on a particular matter or a state constitution authorizes a state to
take certain actions, there still are certain protected spheres into which
neither the federal government nor the state government may reach.
Difficulty: 1 Easy
Topic: The Coverage and Structure of This Chapter
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
71) Today, the ________ are the main limitations on
congressional power.
1. A)
enumerated powers
2. B)
police powers
3. C)
separation of powers
4. D)
independent checks
Answer: D
Explanation: Today, the independent checks are the main limitations
on congressional power. The most important reason for the decline of the
enumerated powers limitation is the perceived need for active federal
regulation of economic and social life.
Difficulty: 2 Medium
Topic: The Coverage and Structure of This Chapter
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
72) Which of the following is a broad state power to regulate
for the public health, safety, morals, and welfare?
1. A)
Enumerated power
2. B)
Police power
3. C)
Independent checks
4. D)
Taxing power
Answer: B
Explanation: Police power is an important state
legislative power that works concurrently with congressional powers to regulate
for the public health, safety, morals, and welfare.
Difficulty: 1 Easy
Topic: State and Federal Power to Regulate
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
73) Which of the following is not one of the main constitutional
bases for the extensive federal social and economic regulation that exists
today?
1. A)
Congressional power to regulate commerce among the states
2. B)
Congressional power to lay and collect taxes
3. C)
Congressional power to coin and borrow money
4. D)
Congressional power to spend for the general welfare
Answer: C
Explanation: The most important congressional powers
contained in Article I, Section 8, are the powers to regulate commerce among
the states, to lay and collect taxes, and to spend for the general welfare.
Because they now are read broadly, these three powers are the main
constitutional bases for the extensive federal social and economic regulation
that exists today.
Difficulty: 1 Easy
Topic: State and Federal Power to Regulate
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
74) Supreme Court decisions interpreting the Commerce Clause
have held that it sets up three categories of actions in which Congress may
engage. Which of the following is not one of those categories?
1. A)
Regulating the channels of interstate commerce
2. B)
Regulating and protecting the instrumentalities of interstate commerce, as well
as persons or things in interstate commerce
3. C)
Regulating activities that substantially affect interstate commerce
4. D)
Regulating substantial intrastate commerce, regardless of whether it affected
interstate commerce
Answer: D
Explanation: Supreme Court decisions interpreting the
Commerce Clause have held that it sets up three categories of actions in which
Congress may engage: first, regulating the channels of interstate commerce; second,
regulating and protecting the instrumentalities of interstate commerce, as well
as persons or things in interstate commerce; and third, regulating activities
that substantially affect interstate commerce.
Difficulty: 2 Medium
Topic: State and Federal Power to Regulate
Learning Objective: 03-02 Explain the key role of the U.S.
Constitution’s Commerce Clause in authorizing action by Congress.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
75) Which of the following statements about Congress’s taxing
power is true?
1. A)
The taxing power may serve as a regulatory device.
2. B)
The main purpose of the taxing power is to recoup loses spent on federal
assistance programs.
3. C)
Today, the taxing power is seen as very narrow.
4. D)
The taxing power is granted in Article II of the Constitution.
Answer: A
Explanation: The taxing power may serve as a regulatory
device. Congress may choose to regulate a disfavored activity by taxing it
heavily or may opt to encourage a favored activity by lowering or eliminating a
tax on it.
Difficulty: 2 Medium
Topic: State and Federal Power to Regulate
Learning Objective: 03-02 Explain the key role of the U.S.
Constitution’s Commerce Clause in authorizing action by Congress.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
76) Which of the following can Congress use to encourage states
to take certain actions and thereby advance specific regulatory ends?
1. A)
Enumerated power
2. B)
Spending power
3. C) Necessary
and proper clause
4. D)
Taxing power
Answer: B
Explanation: By basing the receipt of federal money on the
performance of certain conditions, Congress can use the spending power to
encourage states to take certain actions and thereby advance specific
regulatory ends.
Difficulty: 1 Easy
Topic: State and Federal Power to Regulate
Learning Objective: 03-01 Describe the role of courts in
interpreting constitutions and in determining whether statutes or other
government actions are constitutional.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
77) The case in the text, National Federation of Independent Business v. Sebelius,
is an example of a case where the U.S. Supreme Court analyzed the limitations
of Congress’s:
1. A)
spending power.
2. B)
use of the takings clause.
3. C)
use of the Necessary and Proper clause.
4. D)
police power.
Answer: A
Explanation: This case is an example of a case where the
U.S. Supreme Court analyzed the limitations of Congress’s spending power under
Article I, Section 8 of the Constitution.
Difficulty: 2 Medium
Topic: State and Federal Power to Regulate
Learning Objective: 03-02 Explain the key role of the U.S.
Constitution’s Commerce Clause in authorizing action by Congress.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
78) In the context of determining whether a state law
impermissibly burdens interstate commerce, discrimination is ________ when
state laws treat local and interstate commerce unequally on their face.
1. A)
implied
2. B)
inherent
3. C)
express
4. D)
indirect
Answer: C
Explanation: In determining whether a state law
impermissibly burdens interstate commerce, the Supreme Court said that if a law
discriminates against interstate commerce, the strictest scrutiny will be
applied in the determination of the law’s constitutionality. Discrimination is
express when state laws treat local and interstate commerce unequally on their
face.
Difficulty: 2 Medium
Topic: Independent Checks Applying Only to the States
Learning Objective: 03-08 Explain the burden-on-commerce
doctrine’s role in making certain state government actions unconstitutional.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
79) Which of the following is not one of the reasons why federal
preemption of a state law generally occurs?
1. A)
There is a literal conflict between the state and federal measures, so that it
is impossible to follow both simultaneously.
2. B)
The federal law specifically states that it will preempt state regulation in
certain areas.
3. C)
The federal law was enacted before the state law.
4. D)
The federal regulation is persuasive.
Answer: C
Explanation: Whether the federal law was enacted first is irrelevant
for federal preemption cases.
Difficulty: 2 Medium
Topic: Independent Checks Applying Only to the States
Learning Objective: 03-09 Identify the major circumstances
in which federal law will preempt state law.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
80) Which of the following is a governmental power whereby the
government can take or condemn private property for a public purpose on the
payment of just compensation?
1. A)
Eminent domain
2. B)
Police power
3. C)
Spending power
4. D)
Enumerated power
Answer: A
Explanation: Eminent domain is a governmental power
whereby the government can take or condemn private property for a public
purpose on the payment of just compensation.
Difficulty: 1 Easy
Topic: The Takings Clause
Learning Objective: 03-10 Explain the power granted to the
government by the Takings Clause, as well as the limits on that power.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
81) Which of the following occurs when an overly extensive land
use restriction diminishes the value of property as to constitute a taking?
1. A)
Regulatory taking
2. B)
Physical invasion taking
3. C)
Necessary and proper taking
4. D)
Condemnation taking
Answer: A
Explanation: It has long been recognized that overly
extensive land use regulation may so diminish the value of property or the
owner’s enjoyment of it as to constitute a taking. Among the factors courts
consider in such “regulatory taking” cases are the degree to which government
deprives the owner of free possession, use, and disposition of his property;
the overall economic impact of the regulation on the owner; and how much the
regulation interferes with the owner’s reasonable investment-backed
expectations regarding the future use of the property.
Difficulty: 1 Easy
Topic: The Takings Clause
Learning Objective: 03-10 Explain the power granted to the
government by the Takings Clause, as well as the limits on that power.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
82) In the case discussed in the text, Kelo v. City of New London,
the plaintiff challenged whether:
1. A)
the land-use restriction constituted a taking.
2. B)
his type of property was subject to the Takings Clause.
3. C) he
received just compensation for the taking of his property.
4. D)
the government’s taking was for a public use.
Answer: D
Explanation: In this case, the plaintiff challenged
whether the government’s taking was for a public use, as required by the Fifth Amendment:
“private property [shall not] be taken for public use, without just
compensation.”
Difficulty: 2 Medium
Topic: The Takings Clause
Learning Objective: 03-10 Explain the power granted to the
government by the Takings Clause, as well as the limits on that power.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
83) Which of the following is the basic test used to determine
“just compensation,” as required by the Takings Clause?
1. A)
The fair market value of the property at the time of the taking plus any equity
the owner has accumulated
2. B)
The fair market value of the property at the time of purchase
3. C)
The fair market value of the property at the time of the taking
4. D)
The original purchase price of the property plus any incidental costs for
relocating
Answer: C
Explanation: Although the standards for determining just
compensation vary with the circumstances, the basic test is the fair market
value of the property (or of the lost property right) at the time of the
taking.
Difficulty: 2 Medium
Topic: The Takings Clause
Learning Objective: 03-10 Explain the power granted to the
government by the Takings Clause, as well as the limits on that power.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
84) Which of the following statements about government action is
false?
1. A)
The government action requirement forces courts to distinguish between
governmental behavior and private behavior.
2. B)
Private behavior will constitute state action where a government unit is
directly responsible for the challenged private behavior because it has coerced
such behavior.
3. C)
Government regulation and government funding have become increasingly more
important factors in government action determinations.
4. D)
Most of the Constitution’s individual rights provisions block only the actions
of government bodies, federal, state, and local.
Answer: C
Explanation: Government regulation and government funding
have become somewhat less important factors in government action or state
action determinations.
Difficulty: 2 Medium
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-03 Describe the incorporation
doctrine’s role in making most guarantees of the Bill of Rights operate to
protect persons not only against certain federal government actions but also
against certain state and local government actions.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
85) Which of the following is a principle allowing courts to
protect certain rights deemed fundamental from government interference, even
where procedural protections are present or where those rights are not
specifically mentioned elsewhere in the Constitution?
1. A) Procedural
due process
2. B)
Substantive due process
3. C)
Equal protection
4. D)
Federalism
Answer: B
Explanation: Substantive due process is a principle
allowing courts to protect certain rights deemed fundamental from government
interference, even where procedural protections are present or where those
rights are not specifically mentioned elsewhere in the Constitution.
Difficulty: 1 Easy
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-06 Explain the difference between
procedural due process and substantive due process.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
86) Explain the difference between procedural due process and
substantive due process.
Answer:The traditional conception of due process, called
procedural due process, establishes the procedures that government must follow
when it takes life, liberty, or property. Although the requirements of
procedural due process vary from situation to situation, their core idea is
that one is entitled to adequate notice of the government action to be taken
against him and to some sort of fair trial or hearing before that action can
occur. Procedural due process does not challenge rules of substantive law—the
rules that set standards of behavior for organized social life. In contrast,
substantive due process is a principle allowing courts to protect certain
rights deemed fundamental from government interference, even where procedural
protections are present or where those rights are not specifically mentioned
elsewhere in the Constitution.
Difficulty: 2 Medium
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-06 Explain the difference between
procedural due process and substantive due process.
Bloom’s: Understand
AACSB: Reflective Thinking
87) Mark, an untenured Assistant Professor of Business Law at a
public university, is fired from his job for supposedly misbehaving with
students in class. Since the firing took place without any kind of hearing,
Mark wants to challenge it on procedural due process grounds. Will Mark’s claim
succeed? Assume that the university did not publicize the reasons for Mark’s
discharge, and will not tell anyone why he was discharged.
Answer: The Supreme Court has said that procedural due
process property is not created by the Constitution but by existing rules and
understandings that stem from an independent source such as state law. These
rules and understandings must give a person a legitimate claim of entitlement
to a benefit, not merely some need, desire, or expectation for it. This
definition includes almost all of the usual forms of property, as well as
utility service, disability benefits, welfare benefits, and a driver’s license.
It also includes the job rights of tenured public employees who can be
discharged only for cause, but not the rights of untenured or probationary
employees. Therefore, Mark’s claim will have a hard time succeeding because he
almost certainly has not been deprived of a liberty or property interest. He
lacked a property interest because he did not have tenure. He probably lacked a
liberty interest because the university did not publicize the reasons for his
discharge and thus (in theory) did not harm his reputation and his future
employment opportunities.
Difficulty: 3 Hard
Topic: Independent Checks on the Federal Government and
the States
Learning Objective: 03-06 Explain the difference between
procedural due process and substantive due process.
Bloom’s: Apply
AACSB: Analytical Thinking
88) A state passes a minimum wage law. Fred Whitby, President of
Unisys Corporation, is certain that it is unconstitutional. For example, Fred
argues that the Constitution’s Contract Clause plainly renders the law
unconstitutional. Is Fred right? Why or why not?
Answer: Fred’s Contract Clause argument cannot work as to
employment contracts made after the law’s passage, because the Contract Clause
only checks laws that impair the obligations of existing contracts. Even in
this case, it has rarely, if ever, been an obstacle to minimum wage laws.
Difficulty: 3 Hard
Topic: Independent Checks Applying Only to the States
Learning Objective: 03-07 Identify the instances when an
Equal Protection Clause–based challenge to government action triggers more
rigorous scrutiny than the rational basis test.
Bloom’s: Apply
AACSB: Analytical Thinking
89) State a situation where state law is preempted by federal
regulation.
Answer: The constitutional principle of federal supremacy
dictates that when state law conflicts with valid federal law, the federal law
is supreme. In such a situation, the state law is said to be preempted by the
federal regulation. When there is a literal conflict between the state and
federal measures and it is impossible to follow both simultaneously, this
results in federal preemption of state law.
Difficulty: 2 Medium
Topic: Independent Checks Applying Only to the States
Learning Objective: 03-09 Identify the major circumstances
in which federal law will preempt state law.
Bloom’s: Understand
AACSB: Reflective Thinking
90) Under what two conditions is a governmental taking of
property unconstitutional? Should both of these conditions be satisfied in
order for a taking to offend the constitution, or is only one condition
necessary enough?
Answer: The Takings Clause both recognizes government’s
power to take private property and limits the exercise of that power. It does
so by requiring that when property is subjected to a governmental taking, the
taking must be for a public use and the property owner must receive just
compensation. Either condition will make a taking unconstitutional by itself.
Difficulty: 2 Medium
Topic: The Takings Clause
Learning Objective: 03-10 Explain the power granted to the
government by the Takings Clause, as well as the limits on that power.
Bloom’s: Understand
AACSB: Reflective Thinking
Business Law, 17e (Langvardt)
Chapter 5 Criminal Law and Procedure
1) Special deterrence occurs when punishment of a wrongdoer
deters other persons from committing similar offenses.
Answer: FALSE
Explanation: Special deterrence occurs when punishment of
an offender deters him/her from committing further crimes. In contrast, general
deterrence results when punishment of a wrongdoer deters other persons from
committing similar offenses.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between
a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
2) When Congress created the U.S. Sentencing Commission and
charged it with creating the Federal Sentencing Guidelines, Congress sought
(among other things) to decrease judicial discretion in sentencing.
Answer: TRUE
Explanation: The guidelines were created with a view to
reducing judicial discretion in sentencing and minimizing disparities among
sentences imposed on defendants who committed the same offenses.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between
a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
3) When a judge’s sentencing decision is challenged on appeal,
the governing standard will be one of reasonableness.
Answer: TRUE
Explanation: In the 2005 United States v. Booker case, the Supreme
Court stated that when a judge’s sentencing decision is challenged on appeal,
the governing standard will be one of reasonableness.
Difficulty: 2 Medium
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between
a felony and a misdemeanor.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
4) The U.S. Constitution allows ex post facto criminal laws.
Answer: FALSE
Explanation: The U.S. Constitution prohibits ex post facto criminal
laws. This means that a defendant’s act must have been prohibited by statute at
the time he/she committed it and that the penalty imposed must be the one
provided for at the time of his/her offense.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between
a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
5) Crimes are private wrongs.
Answer: FALSE
Explanation: Crimes are public wrongs—acts prohibited by
the state or federal government. In contrast, torts are private wrongs.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between
a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
6) Obscene expression receives no First Amendment protection.
Answer: TRUE
Explanation: The Supreme Court has established that
obscene expression receive no First Amendment protection.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-02 Explain why the First Amendment
may sometimes serve as a defense to criminal liability.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
7) The Eighth Amendment forbids cruel and unusual punishments.
Answer: TRUE
Explanation: The Constitution limits the type of
punishment imposed on those convicted. The Eighth Amendment forbids cruel
and unusual punishments in criminal cases.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-03 Identify the constitutional
provisions at issue when a criminal law is challenged as being excessively
vague.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
8) The Equal Protection Clause prevents states and the federal
government from enacting criminal laws that discriminate against different
classes of persons.
Answer: TRUE
Explanation: The Fourteenth Amendment’s Equal Protection
Clause prohibits criminal statutes that discriminatorily treat certain persons
of the same class or arbitrarily discriminate among different classes of persons.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-03 Identify the constitutional
provisions at issue when a criminal law is challenged as being excessively
vague.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
9) Voluntary intoxication usually serves as a complete defense
to criminal liability.
Answer: FALSE
Explanation: Voluntary intoxication does not serve as a
complete defense to criminal liability although it may decrease the degree of a
defendant’s responsibility.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-04 Identify the standard of proof
that the government must meet in a criminal prosecution, as well as the
constitutional sources of that requirement.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
10) In the United States, a defendant in a criminal case is
presumed innocent.
Answer: TRUE
Explanation: Defendants in criminal cases are presumed innocent
until proven guilty. This is called the presumption of innocence.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-04 Identify the standard of proof
that the government must meet in a criminal prosecution, as well as the
constitutional sources of that requirement.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
11) At a preliminary hearing, the prosecutor must prove his case
by the “beyond a reasonable doubt” standard.
Answer: FALSE
Explanation: At a preliminary hearing, the prosecutor must
provide enough evidence to persuade a magistrate that there is probable cause
to believe the accused committed a felony.
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-05 Identify the major steps in a
criminal prosecution.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
12) The language of the Bill of Rights only refers to actions of
the federal government so the protections of the Bill of Rights do not apply to
state government actions.
Answer: FALSE
Explanation: Although the literal language of the Bill of
Rights refers only to federal government actions, the U.S. Supreme Court has
applied the most important Bill of Rights guarantees to state government
actions by “selectively incorporating” those guarantees into the Fourteenth
Amendment’s due process protection.
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-05 Identify the major steps in a
criminal prosecution.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
13) Owners of commercial property enjoy greater privacy
expectations in their property for Fourth Amendment purposes than do owners of
residential property.
Answer:FALSE
Explanation: The protection enjoyed by owners of
residential property under the Fourth Amendment is far greater than that
enjoyed by owners of commercial property. In O’Connor v. Ortega, the Supreme Court ruled
that alleged violations of the Fourth Amendment in the realm of commercial
property need to be studied on a case-by-case basis.
Difficulty: 3 Hard
Topic: Criminal Procedure
Learning Objective: 05-06 Describe the basic protections
afforded by the Fourth, Fifth, and Sixth Amendments.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
14) Officers may conduct a warrantless search of an individual
at the time of an arrest.
Answer: TRUE
Explanation: Officers may conduct a warrantless search of
an arrestee, the items in his/her possession and items within their control.
This is called a search incident to lawful arrest and is used to protect an
officer while also protecting potential evidence.
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-07 Describe major exceptions to the
Fourth Amendment’s usual requirement that the government have a warrant before
conducting a search.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
15) During a Terry
stop, officers may not conduct a pat-down search of an individual
without a warrant.
Answer: FALSE
Explanation: During a Terry stop, the Supreme Court has held that
the Fourth Amendment permits officers to conduct a pat-down search of the detained
person in order to determine if that individual is carrying a weapon that could
endanger the officers.
Difficulty: 2 Medium
Topic: Criminal Procedure
Learning Objective: 05-07 Describe major exceptions to the
Fourth Amendment’s usual requirement that the government have a warrant before
conducting a search.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
16) Under the USA PATRIOT Act, the Foreign Intelligence
Surveillance Act Court (FISA Court) may issue warrants of the “sneak and peek”
variety.
Answer: TRUE
Explanation: The Foreign Intelligence Surveillance Court
can issue the “sneak and peek” warrants where the FBI need not produce the
warrant for the property owner or possessor to see and need not notify an
absent property owner or possessor that the search took place.
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-08 Explain what the exclusionary
rule is.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
17) The Fifth Amendment prevents the government from coercing a
defendant into making incriminating statements and thereby assisting his own
prosecution.
Answer: TRUE
Explanation: The Fifth Amendment protects against
compelled testimonial self-incrimination by establishing that “[n]o person …
shall be compelled in any criminal case to be a witness against himself.” This
provision prevents the government from coercing a defendant into making
incriminating statements and thereby assisting in his/her own prosecution.
Difficulty: 2 Medium
Topic: Criminal Procedure
Learning Objective: 05-09 List the components of the
Miranda warnings and state when law enforcement officers must give those
warnings.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
18) In Miranda
v. Arizona, the United States Supreme Court mandated that police
officers have to give suspects a warning about their rights.
Answer: TRUE
Explanation: In its decision in Miranda v. Arizona, the
United States Supreme Court established procedural requirements to safeguard
the Fifth Amendment by requiring police to inform criminal suspects of their
rights prior to an interrogation.
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-09 List the components of the
Miranda warnings and state when law enforcement officers must give those
warnings.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
19) The Fifth Amendment guarantees indigent defendants the right
to court-appointed counsel.
Answer: FALSE
Explanation: The Sixth Amendment has been interpreted to
mean not only that the accused in a criminal case may employ his/her own
attorney but also that an indigent criminal defendant is entitled to
court-appointed counsel.
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-06 Describe the basic protections
afforded by the Fourth, Fifth, and Sixth Amendments.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
20) Through the concept of agency, a corporation’s higher level
corporate officials may be held criminally liable even in the absence of proof
that they ordered the criminal acts.
Answer: TRUE
Explanation: It may be impossible to demonstrate that any
higher-level corporate official had sufficient knowledge to constitute mens rea. Recognizing
this problem, the federal courts have adopted a general rule that a corporation
may be criminally liable for the actions of any of its agents, regardless of
whether any link between the agents and higher level corporate officials can be
demonstrated.
Difficulty: 2 Medium
Topic: White-Collar Crimes and the Dilemmas of Corporate
Control
Learning Objective: 05-06 Describe the basic protections
afforded by the Fourth, Fifth, and Sixth Amendments.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
21) A(n) ________ is a serious crime such as murder, sexual
assault, arson, drug-dealing, or a theft or fraud offense of sufficient
magnitude.
1. A)
misdemeanor
2. B)
felony
3. C)
tort
4. D)
infraction
Answer: B
Explanation: A felony is a serious crime such as murder,
sexual assault, arson, drug-dealing, or a theft or fraud offense of sufficient magnitude.
Felonies are punishable by lengthy confinement of the convicted offender to a
penitentiary, as well as by a fine.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between
a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
22) Quasi-criminal infractions:
1. A)
involve significant moral culpability on the offender’s part.
2. B)
are not punishable by fines.
3. C)
are a serious crime.
4. D)
are not punishable by confinement in jail.
Answer: D
Explanation: Depending on their seriousness and potential
for harm to the public, traffic violations are classified either as
misdemeanors or as less serious infractions. Really only quasi-criminal,
infractions usually are punishable by fines but not by confinement in jail.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between
a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
23) ________ believe that prevention of socially undesirable
behavior is the only proper purpose of criminal penalties.
1. A)
Utilitarians
2. B)
Ethical pragmatists
3. C)
Virtue ethicists
4. D)
Deontologists
Answer: A
Explanation: Persons accepting the utilitarian view
believe that prevention of socially undesirable behavior is the only proper
purpose of criminal penalties. This prevention goal includes three major
components: deterrence, rehabilitation, and incapacitation.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between
a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
24) What is recidivism?
1. A) A
special theory of deterrence
2. B) A
quasi-criminal offense punishable by light fines
3. C)
Repeat offenses by previously punished offenders
4. D)
Attempts to change the behavior of convicted offenders
Answer: C
Explanation: Recidivism is the phenomenon of repeat
offenses by previously punished offenders.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between
a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
25) ________ is the change in the attitudes or values of
convicted offenders so that they are not inclined to commit future offenses.
1. A)
Recidivism
2. B)
Rehabilitation
3. C)
Retribution
4. D)
Probation
Answer: B
Explanation: Rehabilitation of convicted offenders
involves changing their attitudes or values so that they are not inclined to
commit future offenses. It serves as a way to prevent undesirable behavior.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between
a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
26) ________ is effectively a conditional sentence that suspends
the usual imprisonment and/or fine if the offender “toes the line” and meets
other judicially imposed conditions for the period specified by the court.
1. A)
Probation
2. B)
Retribution
3. C)
Prevention
4. D)
Rehabilitation
Answer: A
Explanation: Probation is effectively a conditional
sentence that suspends the usual imprisonment and/or fine if the offender “toes
the line” and meets other judicially imposed conditions for the period
specified by the court. It is sometimes granted to first-time offenders and
other convicted defendants deemed suitable candidates by the court.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between
a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
27) According to the law, crimes are statutory offenses; this
essentially means that:
1. A) it
must be proved that the crime is dangerous or detrimental to society.
2. B) a
behavior is not a crime unless Congress or a state legislature has
criminalized it.
3. C) the
prevention of crime should include deterrence and rehabilitation.
4. D)
courts may assess punitive damages in order to punish the wrongdoer.
Answer: B
Explanation: Crimes are statutory offenses. A given
behavior is not a crime unless Congress or a state legislature has criminalized
it.
Difficulty: 2 Medium
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between
a felony and a misdemeanor.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
28) A defendant’s act must have been prohibited by statute at
the time he/she committed it and the penalty imposed must be the one provided
for at the time of his/her offense. This essentially indicates:
1. A)
encouragement of deterrence laws.
2. B)
the presence of nulla
poena sine lege
3. C)
prohibition of ex
post facto criminal laws.
4. D)
the presence of retributive justice.
Answer: C
Explanation: The U.S. Constitution prohibits ex post facto criminal
laws. This means that a defendant’s act must have been prohibited by statute at
the time he/she committed it and that the penalty imposed must be the one
provided for at the time of his/her offense.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between
a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
29) The First Amendment limits governmental power to enact and
enforce criminal laws by prohibiting:
1. A)
warrantless searches.
2. B)
arbitrary discrimination among different classes of people.
3. C)
cruel and unusual punishments.
4. D)
laws that unreasonably restrict freedom of speech.
Answer: D
Explanation: By prohibiting laws that unreasonably
restrict freedom of speech, the First Amendment plays a major role in limiting
governmental power to enact and enforce criminal laws.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-02 Explain why the First Amendment
may sometimes serve as a defense to criminal liability.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
30) Commercial speech receives which form of protection under
the First Amendment?
1. A)
Intermediate protection
2. B)
Full constitutional protection
3. C)
Minimal protection
4. D) No
protection
Answer: A
Explanation: Commercial speech receives a less substantial
First Amendment shield known as “intermediate” protection.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-02 Explain why the First Amendment
may sometimes serve as a defense to criminal liability.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
31) The ________ Amendment forbids cruel and unusual
punishments.
1. A)
First
2. B)
Eighth
3. C)
Fourteenth
4. D) Fifteenth
Answer: B
Explanation: The Eighth Amendment forbids cruel and
unusual punishments. This prohibition furnishes, for example, the
constitutional basis for judicial decisions establishing limits on imposition
of the death penalty.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-03 Identify the constitutional
provisions at issue when a criminal law is challenged as being excessively
vague.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
32) The Equal Protection Clause is derived from which amendment
to the U.S. Constitution?
1. A)
First
2. B)
Fourteenth
3. C)
Tenth
4. D)
Second
Answer: B
Explanation: The Equal Protection Clause comes from the
Fourteenth Amendment and prohibits criminal statutes that discriminatorily
treat certain persons of the same class or arbitrarily discriminate among
different classes of persons.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-03 Identify the constitutional
provisions at issue when a criminal law is challenged as being excessively
vague.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
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