PAD 525 Final Text Answer

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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