law test lesson 4 part 2

The ______ to the U.S. Constitution reinforces federalism by reserving some powers to the states and to the people.

Tenth Amendment

Which of the following statements is true of the minimum rationality approach?

A permissible state end is not prohibited by another provision of the Constitution.

______ states the Constitution will become effective upon ratification of the states.

Article VII

Which of the following statements is true of amendments and basic protections?

Constitutional rights may be narrowly interpreted during emergencies such as war.

Which of the following statements is true of commercial speech?

Freedom of speech for corporations may not be as extensive as the right of an individual.

Which of the following statements is true of preemption?

If a federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional.

______, a tort theory, is used to recover damages as a result of printed defamation of character.

Libel

Which of the following statements is true of freedom of speech?

It covers both verbal and written communications.

Which of the following statements is true of the due process clause?

It does not prevent private corporations from acting in an arbitrary manner.

Which of the following statements is true of the strict scrutiny approach?

It is applied to cases involving classifications directed at fundamental rights.

Which of the following statements is true of freedom of the press?

It is usually construed to prohibit prior restraints on publications.

______ cases involve whether proper notice has been given and a proper hearing has been conducted.

Procedural due process clause

The ______ creates the Congress, the presidency and vice presidency, and the Supreme Court of the United States.

United States Constitution

Which of the following statements is true of federalism?

The federal government recognizes that it was created by the states.

Which of the following statements is true of the regulation of foreign commerce under the commerce clause?

The power to regulate foreign commerce is total and vested exclusively in the federal government.

Which of the following statements is true of the quasi-strict scrutiny tests?

The quasi-strict scrutiny tests are used for cases that fall between the minimum rationality and strict scrutiny approaches.

Which of the following is given first priority when various laws are not consistent?

U.S. Constitution

Which of the following statements is true of the supremacy clause?

Under this clause, it is immaterial that a state did not intend to frustrate the federal law if the state law in fact does so.

Which of the following classifications is subject to a rational-basis test? A. legitimacy

age

Hot Hogs Corporation, an international hotdog eatery, produces a misleading television advertisement, which shows that one hotdog of Hot Hogs contains only 30 grams of fat. A consumer organization, a group that protects consumers from corporate exploitation, files a complaint with a federal institution which in turn issues an order prohibiting Hot Hogs from making such statements about its products without scientific evidence. This instance of regulation on advertising about food products is an example of a limitation on ______.

commercial speech

Which of the following clauses states that Congress shall make no law respecting an establishment of religion?

the establishment clause

______ means that the government may not act in a manner that is arbitrary, capricious, or unreasonable.

due process

The concept of incorporation through the ______ has made the protections of the Bill of Rights applicable to individuals subject to state and local regulations.

due process clause

36. The separation of powers between levels of government is known as ______.

federalism

Nelly and Mario are graffiti artists who belong to a minority community. They create designs and paintings depicting social issues that affect their community. They make sure their artwork is not obscene and does not incite a hateful reaction. They exhibit their art pieces at art shows. In this case, which of the following First Amendment protections is applied to the actions of Nelly and Mario?

freedom of speech

Quasi-strict scrutiny tests are used in cases involving classifications based on ______.

gender

The takings clause of the Fifth Amendment to the Constitution allows

government to take specific resources away from private owners for public use upon the payment of just compensation.

Which of the following statements is true of the contract clause?

it does not restrict the federal government's power to impact contractual relationships.

Strict scrutiny tests are applied to cases involving classifications based on ______.

legitimacy

Gerard works for a weekly magazine in the state of California. He is held responsible for publishing an article that falsely accuses the governor of the state. In this case, Gerard is most likely to be accused of ______.

libel

The courts have generally defined just compensation in terms of

market value of a specific resource.

Minimum rationality tests are applied to cases involving ______.

marriage

A zoning ordinance holds that writing anything on both public and private properties, including one's own private property, is a crime. This law is most likely to be unconstitutional based on the ______.

overbreadth doctrine

An airport authority resolution declared the central terminal area "not open for First Amendment activities." The resolution was unconstitutional under the First Amendment ______.

overbreadth doctrine

The ______ is most likely to be applied when the legislators have gone too far in seeking to achieve a goal.

overbreadth doctrine

Under the minimum rationality approach, a(n) ______ qualifies as a legitimate goal of government.

permissible state end

A municipality zoning ordinance attempts to regulate the placement of satellite dish antennas in residential areas by specifying the size and location requirements. The Supreme Court rules that the zoning ordinance is unconstitutional as it violates the Federal Communications Commission Regulation law. In this case, the ruling of the Supreme Court illustrates the concept of ______.

preemption

Libel cases compensate individuals for harm inflicted by ______.

printed defamatory falsehoods

A military institute in a particular state launched a separate program for women. However, the senior members of the program held that women would not be provided with the same type of rigorous military training, facilities, courses, faculty, financial opportunities, and alumni connections that were provided to male cadets. The women cadets of the program filed a suit in order to get justice. Which of the following approaches is most likely to be adopted in this case?

quasi-strict scrutiny approach

The Second Amendment consists of the ______.

right to possess guns

The strict scrutiny approach is applied to cases involving rights such as the

right to travel.

If the ______ test is used, the classifications are usually found to be unconstitutional under the equal protection clause.

strict scrutiny

The ______ test is used if the classification involves either a suspect class or a fundamental constitutional right.

strict scrutiny

Under the ______, courts may be called upon to decide if a state law is invalid because it conflicts with a federal law.

supremacy clause

Classifications directed at race, national origin, and legitimacy of birth are ______.

suspect classes

The ______ of the Fifth Amendment to the Constitution allows the government to condemn and take specific private resources for money under the power called eminent domain.

takings clause

Which of the following federal laws preempts a state law that authorizes a tort claim by workers that a union has breached its duty to ensure a safe workplace?

the Landrum-Griffin Act

Snow Crystals Inc., a leading construction company, has constructed a skate park on government land after signing a leasing agreement with the state government. A few years later, the state authority sanctioned the Nightingale Bridge Company to build a bridge that would use the land where the skate park is already constructed. The proprietors of Snow Crystals claim that the state authority has violated the leasing agreement. Which of the following is most likely to be applied in this case between Snow Crystals Inc. and the state government?

the contract clause

A school prohibits its students from praying even during breaks. It also prohibits its students from forming prayer groups. In this case, which of the following clauses of the First Amendment is the school most likely to violate?

the free exercise clause

Valencia secures a good grade with a 4.0 GPA in her admission test. However, she is denied admission by a community college. She files a suit stating that she was discriminated on the basis of race. She claims that she was rejected because the college used race as an important factor, giving applicants belonging to minority groups a greater chance for admission than students with similar credentials belonging to disfavored racial groups. In deciding this case using the equal protection clause, which of the following approaches is most likely to be used by courts?

the strict scrutiny approach

A state law imposed additional restrictions on companies in hiring foreign workers. The Supreme Court held that the state law violated the federal immigration law and declared the law unconstitutional. In this case, which of the following supports the act of the Court?

the supremacy clause

The meaning and application of the equal protection clause have been central issues in cases involving ______.

voting requirements

Which of the following classifications is most likely to be presumed valid under the minimum rationality approach?

weight