Blaw

1. If the University of Arkansas were to require all students to attend a Catholic mass every Sunday, this would probably be considered:

A. A violation of the establishment clause in the first amendment

1. Which of the following is an example of commercial speech?

A. An advertisement stuck on your windshield

1. Fourth amendment precedent allows searches and seizures may be based on any one of three reasons. Which of the following is NOT one of these reasons?

A. Convenience of the police

1. Gail posts a message on Facebook that makes negative comments about her employer, Oprah. Gail works for Oprah's magazine, "O". When Oprah sees the post, she immediately fires Gail. Gail sues Oprah alleging a violation of her first amendment rights of free speech. Oprah files a Motion to Dismiss. How will the trial court rule?

A. Dismissed, because there is no state action.

Article One of the Constitution gives certain powers to the legislative branch (Congress). Which of these is NOT one of those powers

A. Disqualify and remove justices of the individual states.

1. Justices of the U.S. Supreme Court remain justices:

A. During good behavior

According to Article III of the Constitution, justices of the Supreme Court and the inferior courts shall hold their offices:

A. During good behavior.

1. Article One of the Constitution gives certain powers to the legislative branch. Which of the following is one of those powers?

A. Levy taxes

1. Marcel is an employee of a large retail business. He had written a number of letters to the local paper criticizing his employer and for this he was fired. He has sued the retail business claiming that the business has violated his right to "free speech." Is he likely to win his case based on constitutional law?

A. No, as there is no state action in this situation.

A local police office thinks Matt "looks like a drug dealer." When Matt goes into a coffee shop, the officer opens Matt's car trunk and finds large quantities of marijuana. The officer does not have a search warrant. Will the drugs be admitted into evidence in Matt's criminal trial?

A. No, because of the exclusionary rule.

1. Ace Bank lent $125,000 to Jones at a time when both Ace Bank and Jones were residents of Arkansas. Jones defaulted on the loan and was promptly sued by Ace Bank in an Arkansas court and received a judgment in its favor. Jones then moved to Texas. Does Ace Bank have the legal right to have this judgment enforced by legal process in Texas?

A. No, under the doctrine of federalism

1. According to judicial interpretations of the fourth amendment the government should get a search warrant to search a suspect's house. To obtain a search warrant, the government must convince a judge that they have _______________________. (fill in the blank)

A. Probable cause to believe the search will reveal evidence of a specific crime.

1. Which of the following forms of speech are generally considered to be fully "protected" by the first amendment?

A. Symbolic speech.

1. Which of the following forms of speech are generally considered to be fully "protected" by the first amendment? other then Symbolic

A. Symbolic speech.

1. Kerry was employed by an upscale women's clothing store. After working for them for 6 months she became dissatisfied with how she was treated, especially with their requirement that she work overtime during certain times of the year. She communicated her complaints via advertisements in the local paper. As a result of these advertisements she was dismissed (fired) by the store. Kerry has brought a lawsuit against the store based on an alleged violation of her right to free speech. A court hearing this case would probably rule in favor of:

A. The store as there was a lack of state action

1. Todd is an employee of the Yankees. Todd tweets under the twitter name "abc123" vulgar messages about the daughter of Burt Skilling (a professional baseball player). Burt tells the Yankees and the Yankees fire Todd. Todd sues the Yankees alleging they violated his First Amendment right to free speech. How will this case likely conclude?

A. The suit will be dismissed because of the state action doctrine.

1. Wilson returned to his home one night to find that several police officers had broken into his home and confiscated goods which were recently stolen from a warehouse owned by Big Company. It was later revealed that the search by the officers was conducted without a search warrant. The officers did not obtain the warrant because they were told by a reliable third party that Wilson had stolen the goods and kept them in his house, thus negating the need for a search warrant. In this case:

A. The warrant was required and the presence of the stolen goods cannot be used because of the exclusionary rule.

1. The "electoral college" is the entity that actually votes to elect the president and the vice president. How many electoral college votes does each state get?

A. Total number of their representatives in the House plus total number of their senators

1. Allen obtained a judgment in a breach of contract case whereby he was awarded $100,000 in damages. In order to avoid paying the judgment the defendant moved to a different state. Allen pursued the defendant, and upon locating him brought an action to have his judgment recognized and enforced by the different state. Is this state required to do so?

A. Yes, under the Full Faith and Credit clause.

1. The Full Faith and Credit Clause of the U.S. Constitution requires which of the following?

A. a state must honor rights established in another state regarding deeds, wills, contracts and court judgments

1. In the famous "Heart of Atlanta Motel" case the Supreme Court held that Congress had the power to pass and enforce the Civil Rights Law of 1964 based on what portion of the Constitution?

Commerce clause

1. Susan is a public school teacher. She tweets that the school doesn't support its teachers and it's a horrible working environment. The school board fires Susan. Susan sues the school claiming it violated her right to "free speech." The school moves to dismiss Susan's suit. How will the judge likely rule?

Deny the motion for dismissal because there is a state action

1. Pete is a public school teacher. He writes a letter of opinion to the local paper that the school is bullies students and doesn't support free speech. S Pete is fired for his letter. Pete sues the school claiming it violated his right to "free speech." The school moves to dismiss Pete's suit. How will the judge likely rule?

Dismiss the suit as there is no state action

1. In the Heart of Atlanta case the U.S. Supreme Court upheld the constitutionality of that portion of the Civil Rights Act dealing with the use of public facilities such as motels. In making this ruling the Supreme Court applied which portion of the constitution?

Federalism.

1. Based upon Article Two of the Constitution, the Executive Branch has which of the following powers?

I. Enter into Treaties subject to approval by the Senate

1. Which of the following forms of speech are NOT protected by the first amendment?

I. Speech which presents a clear and present danger. II. Speech which is considered to be defamatory under state law III. Speech which is considered to be obscene under state law. IV. Speech which consists entirely of statements of fact which are known to be without merit.

1. Some forms of speech are not protected by the first amendment. This would generally include which of the following forms of speech?

I. Speech which presents a clear and present danger. II. Speech which is defamatory. III. Speech which is obscene.

1. Fayetteville city council passed a law prohibiting any organization or group from hosting rallies from 10 pm to 7am. An anti-abortion group wants to hold a rally to support life at midnight but is denied a permit to do so. The group files a lawsuit asking a court to overturn Fayetteville's law. How will the court likely rule?

In favor of Fayetteville because their law is a content neutral restriction

1. U.S. Federal District Court (trial court) judges are normally selected by the following?

Nominated by the President and confirmed by the U.S. Senate

1. A political group plans a rally for 11pm to support their candidate. They didn't realize that the city where the rally was planned had an ordinance that stated "No rally may be held from 10pm-7am." The purpose of the ordinance was to reduce noise when most people are sleeping. When people began to arrive for the rally police sent them home citing the ordinance. If the political group sues based on their right to free speech the court will likely:

Rule in favor of the city because the restriction is content neutral.

Based upon Article Two of the Constitution the Executive Branch has which of the following powers?

erve as Commander in Chief of the Army and Navy. & Nominate Supreme Court Justices, subject to approval by the Senate