Mutiple Choice BUS Class

Andre is in 11th grade at his local public high school. He wants to take the school’s ballet class as one of his required electives but the school only allows girls to enroll in the class. Andre sues under the 14th Amendment. How will a court determine the result?

a. The court will apply strict scrutiny and the school will have to demonstrate that the rule is necessary to promote a compelling state interest

b. The court will apply intermediate scrutiny and the school will have to demonstrate that the rule is rationally related to a legitimate goal

c. The court will apply minimal scrutiny and the school will have to demonstrate that the rule is substantially related to an important government interest

d. The court will apply intermediate scrutiny and the school will have to demonstrate that the rule is substantially related to an important government interest

 

Marcel is picnicking in a crowded local park. He decides he would be more comfortable naked, so takes off all his clothes. He can only enjoy a few more bites of his lunch before he is arrested for violating city ordinances about public nudity. Marcel sues. If the court finds that Marcel’s actions do not warrant First Amendment protection, it is probably because:

a. His nudity was not intended to convey a particularized message.

b. There were children at the park.

c. He was not speaking while he was naked.

d. The Federal government does not regulate this issue, so state law controls.

 

Eloise plans to build an addition on her house that she will operate as a bed and breakfast. The town rejects her plans, on the grounds that she must first obtain an expensive commercial building permit. Eloise argues that she is just modifying her own residence that she owned the residence before the commercial permit legislation was passed, and therefore does not need the expensive permit. At the court hearing on her case, the town mayor serves as judge. This is:

a. proper procedural due process, because Eloise has a chance to be heard

b. a violation of the Commerce Clause

c. a violation of procedural due process requirements

d. a violation of substantive due process requirements

 

To protect Native Americans, the Federal government passes a law prohibiting their taxation. Oklahoma amends its own tax law, adding a small tax on Native Americans. Is the Oklahoma law constitutional?

a. No, the statute violates the Supremacy Clause.

b. Yes, police powers are reserved for the states.

c. Yes, because Congress does not have authority over state taxes.

d. No, the statute violates the dormant Commerce Clause.

 

You begin work at Everhappy Corp. at the beginning of November. On your second day at work, you wear a political button on your coat, supporting your choice for governor in the upcoming election. Your boss glances at it and says, “Get that stupid thing out of this office or you’re history.” You protest that his statement violates your constitutional rights. Are you right?

a. No, because an employer has the right to regulate how employees look at work.

b. Yes, it violates your constitutional right to free speech.

c. No, an employer has the right to fire an employee for any reason.

d. No, because the employer’s statement is considered a governmental action.

 

In the 1950s, Illinois enacted legislation requiring trucks to have curved mud flaps. There was no federal law about mud flaps at the time, but the Illinois statute was enacted because state legislators asserted that the curved mud flaps were more effective in preventing accidents than the straight mud flaps. Several trucking companies brought suit, because the Illinois statute conflicted with the laws of other states that required straight mud flaps. Was the Illinois statute constitutional?

a. Yes because it did not discriminate against out of state truckers.

b. No because it violated the Commerce Clause.

c. Yes, there was no federal statute so the state statute did not violate the Supremacy Clause.

d. No, the Supremacy Clause does not allow conflicting state legislation.

 

This chapter is filled with examples of statutes that have been struck down by the courts. A Texas law banning flag burning was rejected by the Supreme Court, as was a Louisiana death penalty statute. Where does the Supreme Court get its power to strike down congressional statutes as unconstitutional?

a. Intermediate scrutiny

b. Kennedy v. Louisiana

c. Judicial activism

d. Marbury v. Madison

 

The court in Salib v. City of Mesa held that the city’s Sign Code, which prohibited the covering of more than 30 percent of a store’s windows, was:

a. invalid because the city was required to use the least restrictive means when regulating commercial speech.

b. invalid because the city had not clearly shown that store signs had a significant impact on the city.

c. valid because the city has the automatic right to regulate anything visible to the public

d. valid because the Code directly advanced a substantial governmental interest and was narrowly tailored.

 

In our nation’s history there are several examples of presidents sending troops abroad without consulting Congress. For example, President Woodrow Wilson sent troops to Mexico without Congressional approval, and later President Harry Truman sent troops to Korea without consulting Congress. Why were these actions controversial?

a. Because Congress has the ability to veto all of the president’s decisions.

b. Because Congress commands the armed forces.

c. Because only Congress has the power to declare war.

d. Because the Chairman of the Joint Chiefs of Staff is the top ranking military officer in the United States and, as such, is the only person who can send troops abroad.

 

David Lucas paid $975,000 for two residential lots on the Isle of Palms near Charleston, South Carolina. He intended to build houses on them. Two years later the South Carolina legislature passed a statute that prohibited building on property that lay within a certain distance of the ocean’s high water mark, and Lucas’s property fell in the prohibited zone. Lucas claimed that his land was now useless and that South Carolina owed him its value. Should he win?

a. Yes, based on the Fifth Amendment Takings Clause.

b. Yes, based on the Fourteenth Amendment Equal Protection Clause.

c. Yes, based on the Fifth Amendment Due Process clause.

d. Yes, based on the First Amendment Commercial Speech clause.

 

Gilleo displayed a large sign on her front lawn that read, “Say No to War in the Persian Gulf, Call Congress Now.” The city of Ladue fined her for violating its prohibition on signs on front lawns. Gilleo sued. The city claimed that it was regulating “time, place, and manner.” Who should win?

a. Gilleo, because the prohibition was overly broad.

b. Gilleo, because only Congress can regulate the “time, place, and manner” of political speech

c. Ladue, because Gilleo violated a valid local rule

d. Ladue, because Gilleo’s conduct is not considered speech

 

6.1

Statutory rape is a crime in which a defendant has sexual intercourse with a person who is too young to be able to give legal consent for sex. In a criminal case involving an alleged statutory rape, the age of the victim at the time of the offense is an issue to be determined by:

a. The prosecutor.

b. The jury in an appellate court.

c. The jury in a trial court.

d. The judges in an appellate court.   Large numbers of employees have signed mandatory arbitration agreements in employment contracts. Courts usually uphold these clauses. Which of the following is not an advantage of using an alternative dispute resolution (ADR) in place of litigation?   a. Trials can be trying and cause stress.       b. The parties will save on legal bills.       c. The employees will lose their rights to a class action.       d. The parties may be able to retain an ongoing relationship with the each other once the ADR is completed.     Claudia and Patrick would like to dissolve their business partnership. They are confident that they can work collaboratively on the terms of the settlement, but they do not have much money to spend on the process and are nervous about the prospect of the terms being decided by a third party who is unfamiliar with them and their industry. Which of the following legal processes is a good choice for them?   a. Litigation       b. Mediation       c. Arbitration       d. None of these options is a good choice for Claudia and Patrick.     In a civil case, a plaintiff wins a lawsuit if he is 51 percent convincing, and collects 100 percent of his damages. In a criminal case the prosecutor must prove his case beyond a reasonable doubt. Why is there such a significant difference in the burden of proof between civil and criminal cases?   a. The burden is higher in a criminal case because the consequences that the defendant faces are more severe.       b. The burden is lower in a civil case because society wants to encourage litigation; it is the best way to resolve disputes.       c. The burden is higher in a criminal case because we want to make sure that we find more defendants guilty even if it risks putting innocent people behind bars.       d. The burden is lower in a civil case because the plaintiff has to pay both his own and the defendant’s legal fees.     Miles is floating happily on a rubber raft in his swimming pool in New Jersey when the raft busts and cuts his eye. His doctor says he will need corrective surgery and may never fully regain his eyesight in the damaged eye. Miles learns that the raft was manufactured in Louisiana, by Intack Inc., a company headquartered in New Mexico. Miles bought the raft from a Kidz Toyz store, a chain of stores in New Jersey that sells many Intack products. Miles sues Intack in a New Jersey federal court for $100,000. Intack files a motion to have the case moved to federal court in New Mexico, saying that New Jersey lacks jurisdiction over the case. Is Intack correct?   a. Probably. A company can be sued only in its place of incorporation and where it is headquartered.       b. Probably. A company is treated as a person, and must be sued only in a court that has personal jurisdiction over it.       c. Probably not. Miles is a New Jersey resident and may sue in his home state.       d. Probably not. Intack does a significant amount of business in New Jersey and can reasonably expect to be sued there.     You and a partner in Turkey plan to open a store in Chicago selling rugs imported from Turkey. You are wise enough to insist on a contract establishing the rights and obligations of both parties and would prefer a clause requiring alternative dispute resolution (ADR) of any conflicts that arise under the contract. You want to be sensitive to your partner’s culture and do not to propose a clause that will alienate him. What is the best way you can accomplish all of this?   a. Research Turkish customs and incorporate them into the clause.       b. Use a standard ADR clause that complies with American law.       c. Incorporate Turkish law into the clause.       d. Research Turkish law and hire a mediator familiar with Turkish customs.     Prime Investments Corporation sues one if its executives, Stewart, for embezzling client funds. At trial, Prime calls several of Stewart’s colleagues to the stand, who testify that Stewart is a bad person with no integrity and they were not surprised to hear that he was accused of stealing money. Typically opinions of this type are not admissible in court. The jury finds Stewart liable to Prime for $1 million in stolen money. If Stewart appeals, the appellate court will probably   a. Affirm the decision, because it will accept the trial court’s factual findings.       b. Reverse the decision due to the trial judge’s legal error.       c. Affirm the decision, because it will accept the trial court’s legal ruling.       d. Refuse to hear the appeal because judges have the right to admit any testimony they want     Marshall claims that Victor breached their contract and sues him in district court, seeking $80,000 in damages. If the trial is being held without a jury it is most likely because: