Question: 1 . Mona is really stressed-out one day so she drives to the park to relax.. A policeman shines a light in her eyes and
1. Mona is really stressed-out one day so she drives to the park to relax.. A policeman shines a light in her eyes and says, "Get out of the car, long-hair.!". He then tells her about a law recently enacted by the Indiana state legislature that reads in part, "It is a crime for any suspicious looking woman to sit in an automobile at night in the park. Violators will be subject to arrest and the immediate forfeiture of the automobile". The legislature enacted the law in response to complaints about flagrant prostitution occurring in the park at night. The policeman does not arrest Mona, but he does confiscate her car. This law would probably violate: And Why?
| a. procedural due process. | ||
| b. substantive due process. | ||
| c. equal protection. | ||
| d. Only a and c. | ||
| e. all of the above. | ||
2. The next day Mona, who is a beautician, tells her boss Jane about the park incident. Mona says to Jane, "Wow - those legislators are really corrupt enacting a law like that!". Jane agrees and they decide to fight back. Mona and Jane mail notices to all their customers telling them what happened and asking them to vote against all the current legislators in the upcoming election. The Indiana State Beautician Licensing Board hears about the notice and orders them to stop sending the notices or their beautician licenses will be revoked. If Mona and Jane sue the Indiana State Board for First Amendment violations: And Why?
| a. they will probably lose since their notice would be considered commercial speech and commercial speech is not entitled to any First Amendment protection. | ||
| b. they may win. | ||
| c. they will only win if Mona and Jane can prove the legislators deserve to be voted out. | ||
| d. they will lose since what they did was pretty nasty. |
3. Jane is upset that the Indiana State Board is nosing around in her business. She says to Mona, "It says right in the Constitution that we are entitled to privacy. I think we should copy that part of the Constitution and send it to the Indiana State Board". Is Jane's statement correct? And Why?
| a. yes. | ||
| b. no. |
4. Tammy is suing Joanne for $50,000 based on a breach of contract claim. Tammy alleges that Joanne shipped her defective goods and she wants her money back. During the trial, Joanne is being questioned by Tammy's attorney. The attorney says to Joanne, "Do you believe the goods are defective?". Joanne knows if she answers "Yes", she will probably be liable for paying $50,000. In this situation Fifth Amendment protection will apply to Joanne and she will not have to answer the attorney's question. And Why?
| a. true. | ||
| b. false. |
5.Georgia State Police are investigating Dow Chemical for violations of environmental laws. Using a helicopter, they fly over Dow's outdoor manufacturing plant and take pictures. The pictures prove that Dow's manufacturing process does not comply with environmental laws. Based on the pictures Dow is fined $10,000. The police did not obtain a search warrant before flying over the plant. If Dow files a Fourth Amendment claim against the state, Dow will likely: And Why?
| a. win. | ||
| b. lose. |
6.Congress passes a law limiting the amount of interest banks may charge to 10%. The legislative history to the law clearly indicates that Congress is concerned solely with protecting individuals from high interest rates. The State of Utah passes a law allowing banks in Utah to charge up to 12% interest. Given the facts the Utah law will be rendered invalid under the: And Why?
| a. commerce clause. | ||
| b. supremacy clause. | ||
| c. equal protection clause. | ||
| d. due process clause. |
7.Assume Jack and Jill get divorced in Kentucky. A few months later, Jack moves to California. Jack will be considered legally divorced under California law, even though he did not get divorced in California due to the: And Why?
| a. Equal Protection Clause of the Fourteenth Amendment. | ||
| b. Privileges and Immunities Clause. | ||
| c. Full Faith and Credit Clause. | ||
| d. Commerce Clause. | ||
| e. a and c. |
8.Timmy rents a booth at a local mall in Arizona and sells helium-filled balloons to mall customers. Timmy sells his balloons only in Arizona. Congress passes a law regulating the sale of helium-filled balloons. Under the law, all vendors who sell such balloons must comply with various reporting requirements. Timmy does not comply with the requirements and is fined $100. Constitutionally, the law as applied to Timmy, is: And Why?
| a. probably invalid since Timmy is not involved in interstate commerce. | ||
| b. valid as long as the federal law does not conflict with Arizona state law. | ||
| c. probably valid. | ||
| d. invalid unless the U.S. Supreme Court agrees the decide the issue. |
9.Henry works at a McDonald's fast food restaurant. After working at McDonald's a few month, Henry joins a new religion, the Ses-wa-nu religion. Pursuant to his new religion, Henry is required to prayer all day each Thursday, Friday, Saturday, and Sunday. Henry asks his boss to give him these days off each week but his boss refuses. If Henry files a First Amendment claim against the company, which of the following statements best described what will happen with Henry's claim? And Why?
| a. Henry will lose only if having four days off is considered an undue hardship on the business. | ||
| b. may win. | ||
| c. will win unless his employer makes some attempt to accommodate his religious needs. | ||
| d. will lose. |
10.The state of Oregon passes a law requiring men to obtain at least $50,000 of car insurance. The law does not apply to women. If this law is challenged as violating the Equal Protection Clause, the reviewing court will apply the: And Why?
| a. strict scrutiny test. | ||
| b. intermediate scrutiny test. | ||
| c. rational basis test. | ||
| d. clear and convincing test. |
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