• Political spending is not a form of protected speech under the First Amendment and the government may prevent corporations or unions from spending money toadvocate the election or defeat of a candidate.

a. True

b. False

• A lead singer of a nationally known band:

a. is a "public figure" with respect to a defamation action against a newspaper.

b. is a "public official" with respect to a defamation action against a newspaper.

c. may win a defamation case against the media if she can prove the media acted

negligently in reporting an untruth about her.

d. is not subject to the "actual malice" test in defamation actions against the

press.

• The U.S. Supreme Court:

a. has only appellate jurisdiction, as the nation's highest tribunal.

b. must accept for review any decision appealed under a writ of certiorari.

c. has original jurisdiction over certain types of cases.

d. hears most of its cases through an appeal by right.

• Karen and Carla are both residents of Iowa, but they have a dispute regarding some land located in Kansas. Karen gives Carla reasonable notice that she is filing a lawsuit in Kansas regarding the land and Carla objects, claiming the Kansas courts have no jurisdiction. In this case:

a. only the Iowa courts can hear the case.

b. the Iowa federal district court can hear the case based on diversity of

citizenship.

c. the Kansas courts havein remjurisdiction to adjudicate the claim regarding the

property.

d. the Kansas federal district court can hear the case based upon diversity of

citizenship.

• Jacob Carrizal, the admitted leader of the Dallas chapter of the Bandidos motorcycle club, is arrested after a shootout at the Twin Peaks Restaurant in Waco, Texas, in which nine people were killed and at least twenty others were injured.His attorney seeks to move his client's felony case from McLennan County because of "pervasive, prejudicial, and inflammatory" publicity about the unique case.His attorney is asking for a:

a. change of venue

b. directed verdict

c. motion in limine

d. judicial conference

• Ellen, George, and Freda agree to put in $1,000 each to set up a shelter for lost animals. They each work two days a week. Donations fund the day-to-day operations. Do they have a partnership?

a. Yes, since each has control of the operation.

b. Yes, because they are all co-equals in ownership of the shelter.

c. No, because they have made no formal agreement.

d. No, because there is no business for profit.

• The Texas Commission on Environmental Quality (TCEQ) would like to adopt some new rules regarding environmental impact statements, but it is afraid that if too many people know about them ahead of time, the adverse publicity will force the agency to amend them. To avoid any public comment, the agency seeks to adopt the rules without publishing them. Which of the following statements is true regarding the agency's actions?

a. The agency has a right to act in this way and a duty to be efficient with

taxpayer money.

b. The rules in this instance are procedural in nature and therefore are not

required to be published.

c. The agency is seeking to adopt the rules by a procedure that violates the

rulemaking procedures set forth in the APA.

d. The agency has no rulemaking authority, because only Congress can make

legislative rules.

• The main purpose of The Bill of Rights was to:

a. enumerate all of the rights of U.S. citizens.

b. list the powers of the federal government.

c. provide for restrictions on the power of the federal government.

d. provide limitations on the powers of individuals.

• Commercial speech:

a. would not include an advertisement for a service.

b. must concern lawful activity and not be misleading in order to receive First

Amendment protection.

c. is more valuable than other varieties of speech.

d. All of these.

• Edward Smith is a professor at Southwestern State University. One day he has an argument with the president of the University over the current political administration. The next day, he is fired for incompetence. He sues, claiming the firing is arbitrary and that he was denied an opportunity to respond to the charges. In this case:

a. Edward Smith has no right to a hearing because this is not a criminal case.

b. Edward Smith appears to have been denied the equal protection of the law.

the firing by a state university is state action involving a property right that

would entitle Edward Smitht to a hearing and an opportunity to respond to

the allegations against him.

d. the U.S. Constitution does not apply.