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The commerce clause does not allow Congress to regulate commerce with foreign Nations, only the President can do that.

A) True
B) False

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How was the process of judicial review established under which courts review legislative and executive actions to determine whether they are constitutional?


A) By vote of the U.S. Senate
B) By vote of the U.S. House of Representatives
C) By vote of both the U.S. Senate and the U.S. House of Representatives
D) By early common law
E) By executive proclamation

F) B) and D)
G) B) and C)

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Congress can enact laws, but the president can then veto any law that Congress passes.

A) True
B) False

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What is the term for a court order that authorizes law enforcement agents to search for or seize items specifically described in the order?


A) Search warrant
B) Subpoena warrant
C) Search authorization form
D) Seek warrant
E) Review authorization

F) None of the above
G) D) and E)

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The City of JohnPaul in the state of Illinois passed an ordinance that banned spray paint in the city as a means to reduce graffiti. Townsend Paint Suppliers, a huge spray paint provider from Michigan, sued the City of JohnPaul stating that the new ordinance violated the dormant commerce clause. Is Townsend Paint Suppliers correct?


A) No, the legislation does not treat paint suppliers from out of state any differently than paint suppliers within the state and would be proper exercise of a state's police powers.
B) No, the ordinance violates the First Amendment not the dormant commerce clause.
C) No, this is a federal commerce clause violation and does not deal with any state interests.
D) Yes, this is a violation of the dormant commerce clause.
E) Yes, this is a violation but a federal court would most likely find that the commerce clause was violated instead of the dormant commerce clause.

F) B) and D)
G) A) and B)

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Under which of the following circumstances would the government's search be considered "unreasonable" under the Fourth Amendment?


A) Searching digital information on a cell phone with a warrant.
B) Using a drug sniffing dog during a routine traffic stop with a warrant.
C) Using a drug sniffing dog during a routine traffic stop without a warrant.
D) Bringing a drug sniffing dog into someone's private home with a warrant.
E) Bringing a drug sniffing dog onto someone's front porch without a warrant.

F) A) and D)
G) C) and E)

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[Leaf] Leaf, an employee of the California Department of Forestry, insisted on signing inter-office memoranda with his name and the initials "FOJT", an abbreviation for his church "Followers of Jesus' Trees". Leaf's supervisor, Milo, told Leaf there was a rule prohibiting displays of religion at work and insisted that Leaf cease placing the initials of his church on government paperwork. When Leaf refused to follow the work rule, he was terminated. -After his termination, Leaf returned to his office to pack his belongings. He uploaded a message on the Department's website, which stated that Milo was a thief and has stolen thousands of dollars from the State of California. Milo, who had not stolen money from the State, later sued Leaf for defamation. How would a court likely rule?


A) For Leaf because he has an absolute right to free speech under the First Amendment.
B) For Leaf because the rational-basis test applies.
C) For Leaf because he did not use any lewd, profane, or obscene words.
D) For Milo because the First Amendment does not protect defamatory speech.
E) For Milo, but only if Leaf also used fighting words.

F) B) and E)
G) C) and D)

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Under what circumstances could government agents engage in a search without a search warrant?


A) When law enforcement officials believe it is likely that the items sought will be removed before they can obtain a warrant.
B) Outside of normal working hours for a judge.
C) When they can show that the suspect who lives in the residence at issue has been in jail previously.
D) When they can show that a felony is involved.
E) When they can show that they have heightened probable cause.

F) All of the above
G) C) and E)

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Which of the following is true about search warrants under the Fourth Amendment?


A) If a police officer believes it is likely that items sought will be removed from the premises, the officer must obtain an Urgent Search Warrant prior to the search.
B) A government official must always obtain a search warrant prior to engaging in a search of corporate property.
C) A warrantless search is permissible when an industry has a long history of pervasive regulation, such as a search authorized by the Federal Mine Safety and Health Act.
D) A police officer must always obtain a search warrant before searching a vehicle for stolen goods.
E) The rule on "unreasonable search and seizure" only applies to individual citizens, not corporations.

F) A) and E)
G) A) and B)

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Corporations are not protected by the First Amendment.

A) True
B) False

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Explain the commerce clause and its connections to business.

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The commer...

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There are ________ branches of government laid out in the U.S. Constitution.


A) six
B) five
C) four
D) three
E) two

F) A) and B)
G) A) and C)

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[Thermal Imaging] Sam was illegally growing marijuana in his home using heat lamps. The police randomly selected his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, and determined that given the amount of emissions coming from Sam's house, he must be engaged in criminal marijuana cultivation. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that he had no right to stay silent and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by using the thermal imager. Sam's lawyer also questions whether Sam had a right to remain silent, and he is concerned that the judge has not granted Sam a hearing. -Was the officer correct in telling Sam he had no right to remain silent?


A) The officer was incorrect, and Sam had the right to remain silent based on his constitutional protection against self-incrimination.
B) The officer was correct that Sam had no right to remain silent, and there has never been a constitutional right entitling a defendant to remain silent.
C) The officer was correct that Sam had no right to remain silent because while at one time there was a constitutional right entitling a defendant to remain silent, that right was repealed by constitutional amendment.
D) The officer was correct, and Sam had no right to remain silent because the right against self-incrimination only protects against crimes involving physical harm to another.
E) The officer was partially correct because while Sam had a right to remain silent about other crimes, he did not have the right to remain silent about the drugs found in the initial search.

F) C) and D)
G) A) and B)

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Which of the following is true regarding privacy rights?


A) The U.S. Supreme Court has said that the U.S. Constitution does not provide any right to privacy.
B) The U.S. Supreme Court has found that U.S. citizens have a right to privacy based upon the U.S. Constitution.
C) The U.S. Constitution specifically provides for a right to privacy within the Second Amendment.
D) The U.S. Constitution specifically provides for a right to privacy within the Sixth Amendment.
E) The U.S. Supreme Court has found that U.S. citizens have a right to privacy based upon the U.S. Constitution, and the U.S. Constitution specifically provides for a right to privacy within the Sixth Amendment.

F) All of the above
G) A) and E)

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The term "Bill of Rights" includes all amendments passed in support of the Constitution.

A) True
B) False

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Which of the following refers to the basic fairness of laws that may deprive an individual of her life, liberty, or property?


A) Procedural due process
B) Substantive due process
C) Independent due process
D) The prohibition against taking
E) The prohibition against pervasive regulation

F) A) and B)
G) B) and D)

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Where are the three independent branches of the federal government stipulated in the Constitution?


A) The Bill of Rights
B) The first three amendments to the Constitution
C) The first three articles to the Constitution.
D) The Tenth Amendment.
E) The Preamble to the Constitution.

F) A) and E)
G) A) and B)

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Bruno lives in Maryland and obtained a valid judgment against Jorge. The ________ requires a court in Vermont to uphold a valid judgment obtained in Maryland by Bruno.


A) The privileges and immunites clause
B) The dormant commerce clause
C) The preemption doctrine
D) The full faith and credit clause
E) The commerce clause

F) A) and B)
G) A) and C)

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Citizens are protected from unreasonable searches and seizures under which amendment?


A) First
B) Third
C) Fourth
D) Sixth
E) Tenth

F) A) and B)
G) B) and D)

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Montana implemented a new law that determined that males could not obtain their drivers licenses until they are 18. Females, on the other hand, could obtain their licenses at 16. If this law is challenged, what level of scrutiny would the courts use?


A) Rational basis scrutiny
B) Intermediate scrutiny
C) Strict scrutiny
D) Popular scrutiny
E) Systemic scrutiny

F) A) and E)
G) A) and C)

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