Question
1.The United States system of laws, with federal, state, and local governments all having the ability to make law reflects the following type of legal
1.The United States system of laws, with federal, state, and local governments all having the ability to make law reflects the following type of legal system?
a. Checks and balances b. Equity c. Realism d. Federalism
2.A bystander may have a duty to render aid under one of the following circumstances:
a. When the bystander has a moral obligation to render aid b. When the bystander is the only person available to render aid c. When there is a special relationship between the bystander and the person in distress d. When the person in distress was warned about the danger
3.When determining whether a company's entrance examination for a job violates civil rights laws due to a discriminatory impact resulting from the examination, a court will apply which test?
a. Substantial Effect Test to determine whether the examination has a negative impact on commerce b. Business Necessity Test to determine whether the examination is needed for the purpose of the business and no less discriminatory means is available c. Substantial Equity Test to determine whether the examination is fair and equitable d. Due Process Test to determine whether the persons denied employment had an opportunity to address their concerns with an impartial decisionmaker
4.A federal statute will preempt a state statute:
a. Always because the U.S. Constitution is the supreme law of the land and the states can never regulate issues regulated by Congress b. Only if the federal statute expressly indicates that it preempts all other state law or reflects Congress' intent to exercise sole regulation of the issue c. Only if the federal statute is consistent with the state statute d. Never, because states have authority to regulate commerce within their state
5.When determining whether an in-state statute that burdens (i.e. discriminates against) out-of-state business' property interest violates the Commerce Clause, a court will consider which of the following?
a. Whether the activity being regulated has a substantial effect on interstate commerce b. Whether the state is depriving the out-of-state business interest without due process c. Whether the state has provided just compensation for the burdened property interest d. Whether the statute serves a legitimate local purpose, and no less discriminatory alternatives exist
6.Student protesters want to protest a tuition increase at a local community college. The community college does not allow student protesters to hold a rally in classroom buildings (hallways) during scheduled classes. The community college's policy most likely: a. Violates free speech rights because the students' speech is political speech b. Violates free speech rights because it is consistent with contemporary community standards c. Does not violate free speech rights because it is a reasonable time, place, manner restriction d. Does not violate free speech rights because the students' speech concerns commercial issues
7.A city government rezones property for a historic preservation project, limiting homeowner's ability to remodel their property. If the affected homeowners challenge the policy, the city must demonstrate that:
a. There is a specific need for the policy and that it is not depriving the homeowners of all economic value of their property b. There is a rational basis for the policy c. The policy provides due process d. The policy applies to all homeowners in the city and satisfies the Equal Protection Clause
8.Congress passes a statute that requires all businesses that offer a bathroom to customers to provide a genderless bathroom. The statute is within the scope of Congress' power to regulate interstate commerce so long as:
a. The affected businesses are only on a Native American reservation. b. There is rational commercial need for the statute. c. Men and women are being treated equally d. The activity being regulated has a substantial effect on interstate commerce
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