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BLTE-10e Practice Quiz

CHAPTER 1: THE CONSTITUTIONAL FOUNDATIONS

1. The common law may be described as:

a. general legal principles that evolved over time through court decisions.

b. a body of rules governing the ownership of the oceans.

c. an index of opinions by law professors.

d. rules issued by an administrative agency.

ANS:

a. Correct. Common law, or judge-made law, is a set of general legal principles that evolved over time through court decisions.

b. Incorrect. The common law deals with issues other than the ownership of the oceans.

c. Incorrect. Common law developed from the decisions of judges, not from the opinions of law professors.

d. Incorrect. Rules issued by an administrative agency would be considered statutory, not common, law.

2. A cornerstone of both American and English legal systems is:

a. the doctrine of res nullius.

b. the doctrine of stare decisis.

c. the doctrine of plumbago.

d. the doctrine of judicial unfitness.

ANS:

a. Incorrect. Res nullius refers to land, or other resources, that are owned by no one.

b. Correct. Stare decisis, the doctrine of relying on precedent, is a cornerstone of both the American and English legal systems.

c. Incorrect. A plumbago is a plant.

d. Incorrect. Presumably we want judges to be fit, not unfit.

3. Which of the following is not a primary source of law?

a. A state constitution.

b. Case law (court decisions).

c. An administrative agency regulation.

d. A legal encyclopedia.

ANS:

a. Incorrect. A state constitution is a primary source of law because it establishes law.

b. Incorrect. Case law, or the decisions of the court, are primary sources of law because they establish law by indicating how a common law principle or a statute applies to a given set of facts.

c. Incorrect. The rules of administrative agencies establish law, and are thus primary sources of law.

d. Correct. A legal encyclopedia is a secondary source of law; it is not a primary source of law because it does not establish law but rather organizes and summarizes existing laws and legal doctrines.

4. If a law that violates (conflicts with) the U.S. Constitution is challenged in court, the court will:

a. enforce the law only if it is one that has been passed by a state legislature.

b. enforce the law if it is rooted in a state constitutional principle.

c. not enforce the law, no matter what its source may be.

d. not enforce the law, because only Congress has the power to enforce laws that violate the U.S. Constitution.

ANS:

a. Incorrect. No law, regardless of its source, will be enforced if it violates the U.S. Constitution.

b. Incorrect. No law, regardless of its source, will be enforced if it violates the U.S. Constitution.

c. Correct. No law, regardless of its source, will be enforced if it violates the U.S. Constitution.

d. Incorrect. Congress has no such power.

5. Civil law may best be described as:

a. the law that governs relations between persons and between persons and the government.

b. the common law of taxes.

c. federal, not state, law.

d. the law governing the relations among nations.

ANS:

a. Correct. Civil law governs relations between persons and between persons and the government.

b. Incorrect. There is no common law of taxes.

c. Incorrect. Much civil law is state law.

d. Incorrect. The law governing relations among nations is international law.

6. The commerce clause of the U.S. Constitution authorizes:

a. the judicial branch to regulate commerce.

b. the executive branch to regulate commerce.

c. Congress to regulate commerce.

d. the states to regulate commerce and foreign trade.

ANS:

a. Incorrect. The commerce clause does not authorize the judicial branch to regulate commerce.

b. Incorrect. The commerce clause does not authorize the executive branch to regulate commerce.

c. Correct. The commerce clause authorizes Congress to regulate commerce "with foreign nations, and among the several States, and with the Indian Tribes."

d. Incorrect. The commerce clause says nothing about the states' authority to regulate commerce (although as part of their reserved powers, states have the authority to regulate commerce within their borders).

7. Police powers allow states to:

a. have state police forces only.

b. regulate only public activities, such as protest marches.

c. regulate private activities to promote public health, safety, and general welfare.

d. regulate interstate commerce.

ANS:

a. Incorrect. Police powers are broader than the power to create a state police force.

b. Incorrect. Police powers apply to certain private activities.

c. Correct. Police powers allow states to regulate some private activities in the interest of protecting the public health, safety, and general welfare.

d. Incorrect. Police powers do not include the power to regulate commerce.

8. The establishment clause:

a. prohibits government from creating a state-sponsored religion.

b. prohibits the establishment of Buddhist monasteries.

c. guarantees that no person can be compelled to do something contrary to his or her religious belief.

d. guarantees that churches may not request tithing from their members.

ANS:

a. Correct. The establishment clause prohibits the establishment of an official religion.

b. Incorrect. The establishment clause does not prohibit the establishment of Buddhist monasteries.

c. Incorrect. This guarantee is not contained in the establishment clause, but it is a part of the First Amendment.

d. Incorrect. This guarantee is not contained in the establishment clause.

9. Courts traditionally give the right of free speech:

a. narrow protection.

b. no protection.

c. the fullest possible protection.

d. protection only in certain cases.

ANS:

a. Incorrect. Courts extend very broad protection to this right.

b. Incorrect. Courts find this right to be extremely important and give it great protection.

c. Correct. Courts will protect the right to free speech to the fullest possible extent.

d. Incorrect. Protection is not spotty but instead extremely broad.

10. If a law or action prohibits or inhibits some people from exercising a fundamental right, the law or action will be subject to what level of scrutiny by courts?

a. Limited scrutiny.

b. Rational-basis test.

c. Strict scrutiny.

d. Intermediate scrutiny.

ANS:

a. Incorrect. The proper level of scrutiny will not be strictly limited, but rather be very strict.

b. Incorrect. The rational-basis test is applied in cases involving social or economic welfare, not in cases involving fundamental rights.

c. Correct. Strict scrutiny is the proper level of scrutiny for cases involving fundamental rights.

d. Incorrect. Intermediate scrutiny is the proper level for cases involving either gender or legitimacy discrimination but not for cases involving fundamental rights.

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