uestionQuestion 1In which of the following cases did the U.S. Supreme Court uphold Title II of the Civil Rights Act of 1964 prohibiting discrimination or segregation on the grounds of race, color, religion or national origin in any inn, hotel, motel, or other establishment of more than five rooms that provides lodging to transient guests?

Question 1

1. In which of the following cases did the U.S. Supreme Court uphold Title II of the Civil Rights Act of 1964 prohibiting discrimination or segregation on the grounds of race, color, religion or national origin in any inn, hotel, motel, or other establishment of more than five rooms that provides lodging to transient guests?

   		Gibbons v. Ogden
   		Reno v. Condon
   		Heart of Atlanta Motel, Inc. v. United States
   		Sweet Dreams Hotel v. United States and State Department

5 points 

Question 2

1. When equal protection is concerned, classifications based on gender are subject to a[n] ____________ test.

   		rational basis
   		strict scrutiny
   		substantially related
   		gender-based

5 points 

Question 3

1. Wally, a law school student, is an intern for Rebecca, an assistant professor who is attempting to get tenure at Imperial Law School in part by getting an article published on the right to a jury trial. Rebecca asks Wally to explain to her the right to a jury trial under the U. S. Constitution as applied to jury trials involving state law. Which of the following sections of the U.S. Constitution should Wally reference when discussing the matter of the right to a jury trial with Rebecca?

   		The First Amendment
   		The Fifth Amendment
   		The Seventh Amendment
   		Article One, Section Eight

5 points 

Question 4

1. Which of the following was the result at the U.S. Supreme Court level in the case of Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls, the case in the text involving whether a school system requiring student-athletes to take a drug test without any suspicion of drug use violates the Fourth Amendment?

   		That individualized suspicion is not a consideration in determining whether a search is reasonable and that the searches at issue were, therefore, constitutional.
   		That the searches were unconstitutional because no individual suspicion was present.
   		That the searches were unconstitutional because minors were involved regardless of whether or not individual suspicion was present.
   		That individualized suspicion is not always required and that the searches in the case were constitutional.

5 points 

Question 5

1. A law enacted to punish a specific individual would be an example of a(n)

   		Bill of attainder
   		Ex post facto law
   		Proscriptive law
   		Per se law

5 points 

Question 6

1. The Fifth Amendment does not contain the

   		Self incrimination provision
   		Grand jury requirement
   		Jury trial requirement
   		Double jeopardy prohibition

5 points 

Question 7

1. The general power retained by the states to protect the health, safety, welfare, and morals of state residents is often referred to as ______ power.

   		police
   		regulatory
   		protective
   		community

5 points 

Question 8

1. Polly owns a restaurant seating 150 people. She just learns of a newly enacted regulation in her city requiring that larger restaurants seating over 100 people be inspected by the health department on a monthly basis whereas smaller restaurants would only be inspected twice per year. She also learned that Frank, the local mayor, who recently went through a nasty divorce, was able to get passed a law requiring that restaurants owned by women pay a higher fee to receive a business license than those owned by men. Polly is angry about both laws and wants to take action to have them struck down. Which of the following would be the city’s best argument that the law pertaining to more frequent inspections of larger restaurants should be upheld?

   		That under the rational basis test, inspections by the health department are needed in order to guard against food-borne illnesses.
   		That under the strict scrutiny test, larger restaurants are important to the tax basis of the community and should, therefore, be inspected more often to guard against illness and resulting lawsuits that could impact the ability of the restaurants to remain in business.
   		That under the substantially related test, owners of larger restaurants should expect to be inspected more often because products used in interstate commerce are invariably involved.
   		That under the common good test, large restaurants should be inspected more often in order to protect the community’s tax base.

5 points 

Question 9

1. Which of the following was the result at the U.S. Supreme Court level in Brown v. Entertainment Merchants Association, the case in the text involving the issue of whether the state of California could prohibit the sale or rental of graphically violent video games to minors?

   		That the law was valid because the video games did not qualify for First Amendment protection.
   		That the law was valid because minors are not entitled to First Amendment protection.
   		That the law was invalid because the state could not establish a rational basis for it.
   		That the law was invalid because the state could not satisfy the strict scrutiny test applied.

5 points 

Question 10

1. In order to hold a media defendant liable for statements made about a public figure, _____ must be established on the part of the media defendant.

   		actual malice
   		negligence
   		only inaccuracy
   		intent to inflict monetary harm

5 points 

Question 11

1. Wally, a law school student, is an intern for Rebecca, an assistant professor who is attempting to get tenure at Imperial Law School in part by getting an article published on the right to a jury trial. Rebecca asks Wally to explain to her the right to a jury trial under the U. S. Constitution as applied to jury trials involving state law. What should Wally tell Rebecca regarding whether the U.S. Constitution requires that jury trials be held in state court civil cases?

   		That there is no federal constitutional requirement that jury trials be held in state court civil cases.
   		That the federal constitution requires that jury trials be held in state court civil cases only if the controversy involved exceeds the amount of $75,000.
   		That the federal constitution requires that jury trials be held in state court civil cases only if the controversy involved exceeds the amount of $20.
   		That in all state court civil cases the federal constitution gives any party the right to demand a jury trial.

5 points 

Question 12

1. Which of the following is not one of the three branches of government?

   		The legislative branch
   		The judicial branch
   		The representative branch
   		The executive branch

5 points 

Question 13

1. Which of the following was the result at the U.S. Supreme Court level in Citizens United v. Federal Election Commission regarding the constitutionality of the federal law providing that televised electioneering communications funded by anyone other than a candidate must include a disclaimer setting forth identifying information as to sponsorship?

   		That the law was unconstitutional only if a corporate entity, not an individual, sponsored the communication.
   		That the law was unconstitutional only if an individual, not a corporate entity, sponsored the communication.
   		That the law was unconstitutional in that it involved small expenditures as well as larger ones.
   		That the law was constitutional.

5 points 

Question 14

1. The _________ Amendment provides that no state shall “deprive any person of life, liberty, or property, without due process of law.”

   		Seventh
   		Tenth
   		Eleventh
   		Fourteenth

5 points 

Question 15

1. In what year did the U.S. Constitution become effective?

   		1776
   		1789
   		1774
   		1790

5 points 

Question 16

1. The _____test is applied to determine if laws impacting speech violate the U.S. Constitution.

   		incitement of violence
   		Brandenburg v. Ohio
   		espionage and sedition
   		clear and present danger

5 points 

Question 17

1. The President has the power to make treaties

   		with the advice and consent of the House of Representatives.
   		with the advice and consent of the Senate.
   		with the advice and consent of both the House of Representatives and the Senate.
   		without the advice and consent of either the House of Representatives or the Senate.

5 points 

Question 18

1. Even when Congress has taken no action in regard to a matter, the _____ or ______Commerce Clause may impose restrictions on state action.

   		Dormant or negative
   		Dormant or positive
   		Relative or positive
   		Relative or negative

5 points 

Question 19

1. The division of power among the executive, legislative and judicial branches of government is typically referred to as

   		Federalism
   		Judicial review
   		Separation of powers
   		The Supremacy clause

5 points 

Question 20

1. Congress can override a President’s veto by a _________ vote of both the House of Representatives and the Senate.

   		majority
   		two-thirds
   		three-quarters
   		unanimous

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