BULE 303 - Chp. 4 Question and Hypotheticals

What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights? rational basis review strict scrutiny legitimate interest review intermediate scrutiny

rational basis review

What is true of corporate political speech? Choose 2 answers. Political donations are protected by the First Amendment as types of corporate political speech. Corporate political speech is protected by the First Amendment. Corporate political speech is more restricted than corporate commercial speech. Corporate political speech is strongly restricted in a presidential election year.

- Political donations are protected by the First Amendment as types of corporate political speech. -Corporate political speech is protected by the First Amendment.

Sofia works in the advertising department of Energy First, a company that manufactures a vitamin supplement that allegedly boosts a person's energy level. Sofia creates an advertisement for the product that states that Energy First has been clinically proven to boost energy levels when she knows that no such study has occurred. Can the government prevent Sofia from making such claims in her advertisements? No, the government cannot regulate free speech. Yes, commercial speech is even more protected under the First Amendment than individual speech. No, the government cannot because in doing so, the government goes too far in restricting free speech. Yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary.

- Yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary.

Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers. -Federal environmental laws will always preempt a state's water pollution law for its state parks. -A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath. -Federal law only preempts state law when Congress has expressly stated the preemption for the entire field. -A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.

-A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath. -A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.

A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers. It must not be financially detrimental to a company. It must seek to implement a substantial government interest. It must directly advance a government interest. It must not be overly restrictive to meet its objectives.

It must seek to implement a substantial government interest. It must directly advance a government interest. It must not be overly restrictive to meet its objectives.

During the pandemic of 2020, the City of Mayberry passes an ordinance that requires all citizens to wear a face mask in public. Addison believes that the government cannot regulate his personal behavior and refuses to wear a mask; he says that forcing him to wear a mask violates his constitutional rights! A police officer stops Addison on the street and arrests him for violating the city ordinance. Can Addison successfully challenge the mask ordinance on constitutional grounds? No, the federal government has the authority to regulate this kind of behavior, and the city police officer is acting as an agent of the federal government. Yes, this ordinance violates a citizen's right to privacy. Yes, this ordinance violates a citizen's right to free speech. No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power.

No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power.

Esther is pulled over for crossing the yellow line with her automobile. The officer suspects Esther is intoxicated, so she administers a field sobriety test. Esther blows a .16 on the test, so the officer arrests Esther for DWI. Esther decides to fight the charge. Her defense is that she is an alcoholic, and the laws against driving while intoxicated unconstitutionally discriminate against her and other alcoholics. Does Esther have a valid defense to her DWI charge? Yes, she does because laws that regulate economic or social issues are presumed invalid, and the courts will apply intermediate scrutiny in evaluating whether such laws discriminate against people. Yes, she does because laws that regulate economic or social issues are presumed invalid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people. No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people. No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply intermediate scrutiny in evaluating whether such laws discriminate against people.

No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people.

Nevada passes a statute that any 18-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than 2.8 nitrous oxide (NOx). The federal statute requirement for such trucks is no more than 3.8 NOx. Carlton is driving his 18-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton's documents, notes that Carlton's truck has a 3.4 NOx emission level, and issues a citation. On what grounds might Carlton fight this citation? The federal statute preempts the state statute under the Supremacy Clause. The federal statute preempts the state statute under the Full Faith and Credit Clause. The state statute preempts the federal statute under the Supremacy Clause. The state statute preempts the federal statute under the Full Faith and Credit Clause.

The federal statute preempts the state statute under the Supremacy Clause.

Tillie is served with a lawsuit to collect a debt Tillie allegedly owes to Big Ben Clocks. The summons attached to the lawsuit says that Tillie has thirty days to answer the complaint. Fifteen days later, Tillie receives a copy of a default judgment in the mail, directing Tillie to pay $1000 to Big Ben Clocks. Does Tillie have any grounds on which to have the default judgment set aside? Yes, it is a violation of substantive due process. No, a violation of procedural due process is not a ground to set aside a default judgment. No, once a court enters a judgment of any kind, it is final. Yes, it is a violation of procedural due process.

Yes, it is a violation of procedural due process

What is the system of government called in which states form a union and share sovereign power with the central government of the union? republicanism bureaucracy federalism democracy Assessment question

federalism

What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class? strict scrutiny intermediate scrutiny secondary level scrutiny rational basis

intermediate scrutiny

If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may: modify the law. invalidate the law. require the legislature to amend the law. interpret the law.

invalidate the law

What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers. strict scrutiny factual basis review rational basis review intermediate scrutiny

strict scrutiny rational basis review intermediate scrutiny

Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law? the Supremacy Clause the Equal Protection Clause the Bill of Rights the Commerce Clause

supremacy clause

What type of speech does not receive First Amendment protections? Choose 3 answers. unpatriotic speech threats to the president of the United States obscenity speech that incites lawlessness

threats to the president of the United States obscenity speech that incites lawlessness