PAD 525 Final Text Answer

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PAD525004VA016-1168-001: Constitutional And Admin Law

Question 1

0 out of 2 points

   
  Which of the following is most likely to be governed by states’ laws?      
  Selected Answer: Copyrights, patents, and trademarksCorrect Answer: Estates, inheritances, wills, and trusts      

Question 2

2 out of 2 points

   
  The following is an accurate description of state constitutions:      
  Selected Answer:State constitutions have the same basic three-branch structure but vary in the details of government organization and declarations of individual rightsCorrect Answer:State constitutions have the same basic three-branch structure but vary in the details of government organization and declarations of individual rights      

Question 3

2 out of 2 points

   
  Which of the following is most likely to be primarily governed by federal law:      
  Selected Answer: Copyrights, patents, and trademarksCorrect Answer: Copyrights, patents, and trademarks      

Question 4

2 out of 2 points

   
  The following describes the common law:      
  Selected Answer: Laws developed by judges for matters not covered by statutes, by which later courts abideCorrect Answer: Laws developed by judges for matters not covered by statutes, by which later courts abide      

Question 5

2 out of 2 points

   
  In what part of the U.S. Constitution is freedom of speech identified?      
  Selected Answer: First AmendmentCorrect Answer: First Amendment      

Question 6

2 out of 2 points

   
  The law found to be unconstitutional in Griswold v. Connecticut was:      
  Selected Answer: Enacted by a representative legislature and upheld by two state courtsCorrect Answer: Enacted by a representative legislature and upheld by two state courts      

Question 7

2 out of 2 points

   
  The Bill of Rights was:      
  Selected Answer: Added to the U.S. Constitution during the first Congress to address concerns about protection of individual rights not expressly protectedCorrect Answer: Added to the U.S. Constitution during the first Congress to address concerns about protection of individual rights not expressly protected      

Question 8

0 out of 2 points

   
  In Griswold v. Connecticut, on what basis did concurring Justice Goldberg see authority in the Ninth Amendment for a right of privacy?      
  Selected Answer: The right of free associationCorrect Answer: Reservation to the people of fundamental rights not expressly stated in the Bill of Rights      

Question 9

2 out of 2 points

   
  In what part of the U.S. Constitution does an Equal Protection Clause appear?      
  Selected Answer: Only the Fourteenth AmendmentCorrect Answer: Only the Fourteenth Amendment      

Question 10

2 out of 2 points

   
  The U.S. Supreme Court held that separate public schools were inherently unequal in:      
  Selected Answer: Brown v. Board of EducationCorrect Answer: Brown v. Board of Education      

Question 11

2 out of 2 points

   
  Use of numerical quotas to achieve racial diversity was:      
  Selected Answer: Held to be unconstitutional in Regents of Univ. of Cal. v. BakkeCorrect Answer: Held to be unconstitutional in Regents of Univ. of Cal. v. Bakke      

Question 12

2 out of 2 points

   
  In what part of the U.S. Constitution does a Due Process Clause appear?      
  Selected Answer: Fifth and Fourteenth AmendmentsCorrect Answer: Fifth and Fourteenth Amendments      

Question 13

0 out of 2 points

   
  To what extent is expressive conduct protected by the First Amendment?      
  Selected Answer: Not at allCorrect Answer:Government has a freer hand in restricting expressive conduct than the written or spoken word but may not prohibit particular conduct merely because it has expressive elements      

Question 14

2 out of 2 points

   
  To what extent must a religion be well established in history for its practices to be protected under the First Amendment?      
  Selected Answer: It need not beCorrect Answer: It need not be      

Question 15

2 out of 2 points

   
  Which of the following does the First Amendment provide with respect to freedom of speech?      
  Selected Answer: “Congress shall make no law . . . abridging the freedom of speech”Correct Answer: “Congress shall make no law . . . abridging the freedom of speech”      

Question 16

2 out of 2 points

   
  Which of the following is the most correct description of state public records laws?      
  Selected Answer: They vary in their details but in essence are similar to the federal Freedom of Information ActCorrect Answer: They vary in their details but in essence are similar to the federal Freedom of Information Act      

Question 17

2 out of 2 points

   
  To whom does the federal Government in the Sunshine Act apply?      
  Selected Answer: Federal agenciesCorrect Answer: Federal agencies      

Question 18

0 out of 2 points

   
  What was at issue the 1971 U.S. Supreme Court case of New York Times Co. v. United States?      
  Selected Answer: The right of the press to obtain public recordsCorrect Answer: The authority of the executive to obtain court restraint of a publication      

Question 19

2 out of 2 points

   
  Which of the following is the language from the First Amendment regarding the freedom of the press?      
  Selected Answer: “Congress shall make no law . . . abridging the freedom of . . . the press”Correct Answer: “Congress shall make no law . . . abridging the freedom of . . . the press”      

Question 20

2 out of 2 points

   
  All of the following can be registered with the U.S. Patent and Trademark Office except:      
  Selected Answer: Trade secretsCorrect Answer: Trade secrets      

Question 21

0 out of 2 points

   
  What payment does the U.S. Constitution require to the owner when government acquires property through use of eminent domain?      
  Selected Answer: The value determined by the power doing the taking provided it is not irrationalCorrect Answer: Fair market value of what is taken      

Question 22

2 out of 2 points

   
  The U.S. Supreme Court has held that local zoning regulations are constitutional if:      
  Selected Answer: They bear a rational relation to the health and safety of the communityCorrect Answer: They bear a rational relation to the health and safety of the community      

Question 23

2 out of 2 points

   
  In a corporation the following have the legal authority to make fundamental decisions about corporate existence:      
  Selected Answer: ShareholdersCorrect Answer: Shareholders      

Question 24

2 out of 2 points

   
  Limited liability companies are a popular form of business entity because:      
  Selected Answer: They offer the liability protections of a corporation but there is no tax at the entity levelCorrect Answer: They offer the liability protections of a corporation but there is no tax at the entity level      

Question 25

0 out of 2 points

   
  The federal rules for general government contracting requirements are the:      
  Selected Answer: Code of Federal RegulationsCorrect Answer: Federal Acquisition Regulation      

Question 26

2 out of 2 points

   
  The following is the most accurate description of a public employer’s legal right to consider political affiliation in hiring and termination decisions:      
  Selected Answer: It may be considered if the employee’s political beliefs with interfere with discharge of public duties in a policymaking or confidential positionCorrect Answer: It may be considered if the employee’s political beliefs with interfere with discharge of public duties in a policymaking or confidential position      

Question 27

2 out of 2 points

   
  Under the usual state whistleblower law a public employee:      
  Selected Answer: May be reinstated if terminated for pursuing a legally protected rightCorrect Answer: May be reinstated if terminated for pursuing a legally protected right      

Question 28

2 out of 2 points

   
  Title VII of the Civil Rights Act of 1964:      
  Selected Answer: Prohibits employers from discrimination against an individual in employment based religionCorrect Answer: Prohibits employers from discrimination against an individual in employment based religion      

Question 29

2 out of 2 points

   
  The Age Discrimination in Employment Act applies to employees who are at least the following age:      
  Selected Answer: 40Correct Answer: 40      

Question 30

2 out of 2 points

   
  In a tort claim punitive damages are:      
  Selected Answer: Recoverable in some jurisdictions under certain circumstances if not arbitrary or irrationalCorrect Answer: Recoverable in some jurisdictions under certain circumstances if not arbitrary or irrational      

Question 31

2 out of 2 points

   
  Medical expenses for injuries suffered as a result of someone else’s negligence would be considered what kind of damages?      
  Selected Answer: CompensatoryCorrect Answer: Compensatory      

Question 32

0 out of 2 points

   
  The Federal Tort Claims Act:      
  Selected Answer: Authorizes suits for injury caused by a state employee acting within the scope of employmentCorrect Answer: Authorizes suits for injury caused by a negligent act of a federal employee acting within the scope of employment      

Question 33

2 out of 2 points

   
  The Fourth Amendment prohibits      
  Selected Answer: Unreasonable searches and seizuresCorrect Answer: Unreasonable searches and seizures      

Question 34

2 out of 2 points

   
  The compilation of all federal rules currently in effect is:      
  Selected Answer: Code of Federal RegulationsCorrect Answer: Code of Federal Regulations      

Question 35

2 out of 2 points

   
  The federal Administrative Procedure Act was enacted in:      
  Selected Answer: 1946Correct Answer: 1946      

Question 36

2 out of 2 points

   
  An agency rule that explains an agency’s understanding of the law or its regulations is known as:      
  Selected Answer: InterpretiveCorrect Answer: Interpretive      

Question 37

2 out of 2 points

   
  An elected  public official who improperly applies public property to personal use:      
  Selected Answer: May be subject to criminal prosecution for embezzlementCorrect Answer: May be subject to criminal prosecution for embezzlement      

Question 38

2 out of 2 points

   
  Local government ethics rules tend to:      
  Selected Answer: Be more general and aspirational than at the federal or state level of governmentCorrect Answer: Be more general and aspirational than at the federal or state level of government      

Question 39

0 out of 2 points

   
  State ethics laws:      
  Selected Answer: Always apply to all state and local officials and employeesCorrect Answer: Vary in their application but usually apply to state public officials and some public employees      

Question 40

2 out of 2 points

   
  In a mediation:      
  Selected Answer: A third party leads the parties and their lawyers through a discussion intended to result in a voluntary agreementCorrect Answer: A third party leads the parties and their lawyers through a discussion intended to result in a voluntary agreement      

Question 41

2 out of 2 points

   
  Injunctive relief is:      
  Selected Answer: A court order that someone do or not do somethingCorrect Answer: A court order that someone do or not do something      

Question 42

2 out of 2 points

   
  In litigation, the plaintiff:      
  Selected Answer: Is the party initiating the lawsuit with a claimCorrect Answer: Is the party initiating the lawsuit with a claim      

Question 43

2 out of 2 points

   
  Which of the following representations by a lawyer to a court during a trial would likely be a breach of the lawyer’s professional obligations?      
  Selected Answer:“I have been around a long time and I have had many clients, and I can stake my personal reputation on the fact that my client’s testimony is truthful.”Correct Answer:“I have been around a long time and I have had many clients, and I can stake my personal reputation on the fact that my client’s testimony is truthful.”      

Question 44

2 out of 2 points

   
  Under which of the following circumstances may a lawyer disclose a confidential client-lawyer communication?      
  Selected Answer: If the client consentsCorrect Answer: If the client consents      

Question 45

2 out of 2 points

   
  A lawyer is licensed to give advice in a specialty area, such as real estate law, only if:      
  Selected Answer: The lawyer is licensed to practice law within the jurisdictionCorrect Answer: The lawyer is licensed to practice law within the jurisdiction      

Question 46

2 out of 2 points

   
  A lawyer who represented the government in a particular matter:      
  Selected Answer: May not represent private clients in the same matter if the lawyer was directly involved in behalf of the governmentCorrect Answer: May not represent private clients in the same matter if the lawyer was directly involved in behalf of the government      

Question 47

2 out of 2 points

   
  A series of publications that provide a means of checking cases, statutes, and other authority for subsequent and related authority is:      
  Selected Answer: Shepard’sCorrect Answer: Shepard’s      

Question 48

2 out of 2 points

   
  C.F.R. stands for:      
  Selected Answer: Code of Federal RegulationsCorrect Answer: Code of Federal Regulations      

Question 49

2 out of 2 points

   
  In an A.L.R. you would find:      
  Selected Answer: Articles that summarize and organize federal and state law on particular topicsCorrect Answer: Articles that summarize and organize federal and state law on particular topics      

Question 50

2 out of 2 points

   
  Local government ordinances are published:      
  Selected Answer: By the local governments and often included in the Municode data baseCorrect Answer: By the local governments and often included in the Municode data base      



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