FIU BUL 6810 quiz 4

FIU BUL 6810 quiz 4

Question
	
Question 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
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 









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Question 3
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
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
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 



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Question 6
The Fifth Amendment does not contain the

Self incrimination provision

Grand jury requirement

Jury trial requirement

Double jeopardy prohibition
5 points 
Question 7
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
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
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
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
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
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
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
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
In what year did the U.S. Constitution become effective?

1776

1789

1774

1790
5 points 
Question 16
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
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
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
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
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