FIU BUL 6810 quiz 4

| August 14, 2017

Question 1In which of the following cases did the U.S. Supreme Court uphold Title II of the Civil Rights Act of 1964 prohibiting discrimination or segregation on the grounds of race, color, religion or national origin in any inn, hotel, motel, or other establishment of more than five rooms that provides lodging to transient guests?Gibbons v. OgdenReno v. CondonHeart of Atlanta Motel, Inc. v. United StatesSweet Dreams Hotel v. United States and State Department5 points Question 2When equal protection is concerned, classifications based on gender are subject to a[n] ____________ test.rational basisstrict scrutinysubstantially relatedgender-based5 points Question 3Wally, a law school student, is an intern for Rebecca, an assistant professor who is attempting to get tenure at Imperial Law School in part by getting an article published on the right to a jury trial. Rebecca asks Wally to explain to her the right to a jury trial under the U. S. Constitution as applied to jury trials involving state law. Which of the following sections of the U.S. Constitution should Wally reference when discussing the matter of the right to a jury trial with Rebecca?The First AmendmentThe Fifth AmendmentThe Seventh AmendmentArticle One, Section Eight5 points Question 4Which of the following was the result at the U.S. Supreme Court level in the case of Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls, the case in the text involving whether a school system requiring student-athletes to take a drug test without any suspicion of drug use violates the Fourth Amendment?That individualized suspicion is not a consideration in determining whether a search is reasonable and that the searches at issue were, therefore, constitutional.That the searches were unconstitutional because no individual suspicion was present.That the searches were unconstitutional because minors were involved regardless of whether or not individual suspicion was present.That individualized suspicion is not always required and that the searches in the case were constitutional.5 points Question 5A law enacted to punish a specific individual would be an example of a(n)Bill of attainderEx post facto lawProscriptive lawPer se law5 points Question 6The Fifth Amendment does not contain theSelf incrimination provisionGrand jury requirementJury trial requirementDouble jeopardy prohibition5 points Question 7The general power retained by the states to protect the health, safety, welfare, and morals of state residents is often referred to as ______ power.policeregulatoryprotectivecommunity5 points Question 8Polly owns a restaurant seating 150 people. She just learns of a newly enacted regulation in her city requiring that larger restaurants seating over 100 people be inspected by the health department on a monthly basis whereas smaller restaurants would only be inspected twice per year. She also learned that Frank, the local mayor, who recently went through a nasty divorce, was able to get passed a law requiring that restaurants owned by women pay a higher fee to receive a business license than those owned by men. Polly is angry about both laws and wants to take action to have them struck down. Which of the following would be the city’s best argument that the law pertaining to more frequent inspections of larger restaurants should be upheld?That under the rational basis test, inspections by the health department are needed in order to guard against food-borne illnesses.That under the strict scrutiny test, larger restaurants are important to the tax basis of the community and should, therefore, be inspected more often to guard against illness and resulting lawsuits that could impact the ability of the restaurants to remain in business.That under the substantially related test, owners of larger restaurants should expect to be inspected more often because products used in interstate commerce are invariably involved.That under the common good test, large restaurants should be inspected more often in order to protect the community’s tax base.5 points Question 9Which of the following was the result at the U.S. Supreme Court level in Brown v. Entertainment Merchants Association, the case in the text involving the issue of whether the state of California could prohibit the sale or rental of graphically violent video games to minors?That the law was valid because the video games did not qualify for First Amendment protection.That the law was valid because minors are not entitled to First Amendment protection.That the law was invalid because the state could not establish a rational basis for it.That the law was invalid because the state could not satisfy the strict scrutiny test applied.5 points Question 10In order to hold a media defendant liable for statements made about a public figure, _____ must be established on the part of the media defendant.actual malicenegligenceonly inaccuracyintent to inflict monetary harm5 points Question 11Wally, a law school student, is an intern for Rebecca, an assistant professor who is attempting to get tenure at Imperial Law School in part by getting an article published on the right to a jury trial. Rebecca asks Wally to explain to her the right to a jury trial under the U. S. Constitution as applied to jury trials involving state law. What should Wally tell Rebecca regarding whether the U.S. Constitution requires that jury trials be held in state court civil cases?That there is no federal constitutional requirement that jury trials be held in state court civil cases.That the federal constitution requires that jury trials be held in state court civil cases only if the controversy involved exceeds the amount of $75,000.That the federal constitution requires that jury trials be held in state court civil cases only if the controversy involved exceeds the amount of $20.That in all state court civil cases the federal constitution gives any party the right to demand a jury trial.5 points Question 12Which of the following is not one of the three branches of government?The legislative branchThe judicial branchThe representative branchThe executive branch5 points Question 13Which of the following was the result at the U.S. Supreme Court level in Citizens United v. Federal Election Commission regarding the constitutionality of the federal law providing that televised electioneering communications funded by anyone other than a candidate must include a disclaimer setting forth identifying information as to sponsorship?That the law was unconstitutional only if a corporate entity, not an individual, sponsored the communication.That the law was unconstitutional only if an individual, not a corporate entity, sponsored the communication.That the law was unconstitutional in that it involved small expenditures as well as larger ones.That the law was constitutional.5 points Question 14The _________ Amendment provides that no state shall “deprive any person of life, liberty, or property, without due process of law.”SeventhTenthEleventhFourteenth5 points Question 15In what year did the U.S. Constitution become effective?17761789177417905 points Question 16The _____test is applied to determine if laws impacting speech violate the U.S. Constitution.incitement of violenceBrandenburg v. Ohioespionage and seditionclear and present danger5 points Question 17The President has the power to make treatieswith the advice and consent of the House of Representatives.with the advice and consent of the Senate.with the advice and consent of both the House of Representatives and the Senate.without the advice and consent of either the House of Representatives or the Senate.5 points Question 18Even when Congress has taken no action in regard to a matter, the _____ or ______Commerce Clause may impose restrictions on state action.Dormant or negativeDormant or positiveRelative or positiveRelative or negative5 points Question 19The division of power among the executive, legislative and judicial branches of government is typically referred to asFederalismJudicial reviewSeparation of powersThe Supremacy clause5 points Question 20Congress can override a President’s veto by a _________ vote of both the House of Representatives and the Senate.majoritytwo-thirdsthree-quartersunanimous

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