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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