• PAD5250 Constitutional And Admin Law

QUESTION 1

1. Which of the following is most likely to be governed by states’ laws?

[removed]		Interstate highways
[removed]		Estates, inheritances, wills, and trusts
[removed]		Copyrights, patents, and trademarks
[removed]		Treaties with nations

2 points

QUESTION 2

1. The following is an accurate description of state constitutions:

[removed]		Each state has the exact same form of constitution as prescribed by the U.S. Constitution
[removed]		State constitutions widely vary in structure but declare exactly the same individual rights as the U.S. Constitution
[removed]		States are prohibited from having their own constitutions by the U.S Constitution
[removed]		State constitutions have the same basic three-branch structure but vary in the details of government organization and declarations of individual rights

2 points

QUESTION 3

1. Which of the following is most likely to be primarily governed by federal law:

[removed]		Real estate conveyances, mortgages, and taxes
[removed]		Estates, inheritances, wills, and trusts
[removed]		Copyrights, patents, and trademarks
[removed]		Noise and nuisances

2 points

QUESTION 4

1. The following describes the common law:

[removed]		Laws adopted by legislatures
[removed]		Laws incorporated from foreign jurisdictions
[removed]		Laws based on constitutional principles
[removed]		Laws developed by judges for matters not covered by statutes, by which later courts abide

2 points

QUESTION 5

1. In what part of the U.S. Constitution is freedom of speech identified?

[removed]		Article I
[removed]		First Amendment
[removed]		Fifth Amendment
[removed]		Tenth Amendment

2 points

QUESTION 6

1. The law found to be unconstitutional in Griswold v. Connecticut was:

[removed]		repealed by a representative legislature but reinstated by two state courts
[removed]		Enacted by a representative legislature and upheld by two state courts
[removed]		Repealed by a representative legislature but reinstated by the U.S. Supreme Court
[removed]		A common law rule recently developed by state courts

2 points

QUESTION 7

1. The Bill of Rights was:

[removed]		Part of the original U.S Constitution
[removed]		Added to the U.S. Constitution during the first Congress to address concerns about protection of individual rights not expressly protected
[removed]		Rejected during ratification of the U.S .Constitution but individually added as amendments over the course of the next century
[removed]		Stated as an ideal but never part of the U.S. Constitution

2 points

QUESTION 8

1. In Griswold v. Connecticut, on what basis did concurring Justice Goldberg see authority in the Ninth Amendment for a right of privacy?

[removed]		The right of free association
[removed]		Reservation to the people of fundamental rights not expressly stated in the Bill of Rights
[removed]		Reservation to the states of the power to declare additional constitutional rights
[removed]		The right of free expression

2 points

QUESTION 9

1. In what part of the U.S. Constitution does an Equal Protection Clause appear?

[removed]		First and Fifth Amendments
[removed]		Only the Fifth Amendment
[removed]		Fifth and Fourteenth Amendments
[removed]		Only the Fourteenth Amendment

2 points

QUESTION 10

1. The U.S. Supreme Court held that separate public schools were inherently unequal in:

[removed]		Brown v. Board of Education
[removed]		Bolling v. Sharpe
[removed]		Plessy v. Ferguson
[removed]		Harris v. Davis

2 points

QUESTION 11

1. Use of numerical quotas to achieve racial diversity was:

[removed]		Held to be unconstitutional in Brown v. Board of Education
[removed]		Held to be constitutional in Grutter v. Bolinger
[removed]		Held to be constitutional in Regents of Univ. of Cal. v. Bakke
[removed]		Held to be unconstitutional in Regents of Univ. of Cal. v. Bakke

2 points

QUESTION 12

1. In what part of the U.S. Constitution does a Due Process Clause appear?

[removed]		First and Fifth Amendments
[removed]		Only the Fifth Amendment
[removed]		Fifth and Fourteenth Amendments
[removed]		Only the Fourteenth Amendment

2 points

QUESTION 13

1. To what extent is expressive conduct protected by the First Amendment?

[removed]		Not at all
[removed]		Government may not restrict expressive conduct unless the conduct is accompanied with spoken or written statements
[removed]		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
[removed]		Government may not restrict expressive conduct if accompanied with statements

2 points

QUESTION 14

1. To what extent must a religion be well established in history for its practices to be protected under the First Amendment?

[removed]		It need not be
[removed]		It must be well-established or logically derived from a well-established religion
[removed]		It must meet community religious standards
[removed]		It must meet national religious standards

2 points

QUESTION 15

1. Which of the following does the First Amendment provide with respect to freedom of speech?

[removed]		“Congress shall make no law . . . abridging the reasonable freedom of speech”
[removed]		“Congress shall make no law . . . abridging the freedom of speech”
[removed]		“Congress shall make no unreasonable law restricting the freedom of speech”
[removed]		“Congress shall protect the reasonable freedom of speech”

2 points

QUESTION 16

1. Which of the following is the most correct description of state public records laws?

[removed]		They vary in their details but in essence are similar to the federal Freedom of Information Act
[removed]		There are none
[removed]		By federal law they must be the same as the federal Freedom of Information Act
[removed]		They apply only to local governments and not to state government

2 points

QUESTION 17

1. To whom does the federal Government in the Sunshine Act apply?

[removed]		Federal agencies
[removed]		Congress
[removed]		U.S. Supreme Court
[removed]		U.S. military

2 points

QUESTION 18

1. What was at issue the 1971 U.S. Supreme Court case of New York Times Co. v. United States?

[removed]		The right of the press to obtain public records
[removed]		The right of the press to participate in government proceedings
[removed]		The authority of the executive to obtain court restraint of a publication
[removed]		The authority of the courts to order the executive to release information

2 points

QUESTION 19

1. Which of the following is the language from the First Amendment regarding the freedom of the press?

[removed]		“Congress shall make no law . . . abridging the freedom of . . . the press”
[removed]		“Congress shall make no law . . . restricting the right of the press to information”
[removed]		“No law shall prohibit the right of the press to full access to information”
[removed]		“Congress shall protect the reasonable freedom of the press”

2 points

QUESTION 20

1. All of the following can be registered with the U.S. Patent and Trademark Office except:

[removed]		Trade secrets
[removed]		Patents
[removed]		Copyrights
[removed]		Trademarks

2 points

QUESTION 21

1. What payment does the U.S. Constitution require to the owner when government acquires property through use of eminent domain?

[removed]		No payment is required if the taking is for public use
[removed]		Fair market value of what is taken
[removed]		No payment is required
[removed]		The value determined by the power doing the taking provided it is not irrational

2 points

QUESTION 22

1. The U.S. Supreme Court has held that local zoning regulations are constitutional if:

[removed]		They bear a rational relation to the health and safety of the community
[removed]		They are uniformly applied throughout the state
[removed]		They do not restrict commercial development
[removed]		Owners are paid fair market value compensation if the uses of their property are restricted

2 points

QUESTION 23

1. In a corporation the following have the legal authority to make fundamental decisions about corporate existence:

[removed]		Vice presidents
[removed]		Shareholders
[removed]		Partners
[removed]		Managers

2 points

QUESTION 24

1. Limited liability companies are a popular form of business entity because:

[removed]		They require no formal organizational steps
[removed]		They pay no federal taxes
[removed]		They offer the liability protections of a corporation but there is no tax at the entity level
[removed]		The entity has no liability

2 points

QUESTION 25

1. The federal rules for general government contracting requirements are the:

[removed]		Code of Federal Regulations
[removed]		Federal Acquisition Regulation
[removed]		U.S. Code of Contracts
[removed]		Federal Contracting Rules

2 points

QUESTION 26

1. The following is the most accurate description of a public employer’s legal right to consider political affiliation in hiring and termination decisions:

[removed]		It may be considered if the employee’s political beliefs with interfere with discharge of public duties in a policymaking or confidential position
[removed]		It may never be considered
[removed]		It may only be considered if a statute specifies it as a consideration for the position
[removed]		It may always be considered if the employee’s political beliefs are not the same as the elected officials

2 points

QUESTION 27

1. Under the usual state whistleblower law a public employee:

[removed]		May always recover damages whenever an employer has caused harm with illegal conduct
[removed]		Has a right to testify about an employer’s trade secrets when the employer has violated the civil rights laws
[removed]		May be reinstated if terminated for pursuing a legally protected right
[removed]		May campaign against a employer who is an elected official

2 points

QUESTION 28

1. Title VII of the Civil Rights Act of 1964:

[removed]		Prohibits employers from discrimination against an individual in employment based religion
[removed]		Prohibits employees from engaging in political activity while employed
[removed]		Gives employees the right to retirement benefits
[removed]		Gives employees the right to form unions

2 points

QUESTION 29

1. The Age Discrimination in Employment Act applies to employees who are at least the following age:

[removed]		40
[removed]		50
[removed]		60
[removed]		65

2 points

QUESTION 30

1. In a tort claim punitive damages are:

[removed]		Always recoverable
[removed]		Recoverable in some jurisdictions under certain circumstances if not arbitrary or irrational
[removed]		Not recoverable in any jurisdiction
[removed]		Unconstitutional unless authorized by statute

2 points

QUESTION 31

1. Medical expenses for injuries suffered as a result of someone else’s negligence would be considered what kind of damages?

[removed]		Pain and suffering
[removed]		Expectancy
[removed]		Mitigation
[removed]		Compensatory

2 points

QUESTION 32

1. The Federal Tort Claims Act:

[removed]		Prohibits all tort claims against a federal employee
[removed]		Authorizes suits for injury caused by a state employee acting within the scope of employment
[removed]		Authorizes suits for injury caused by a negligent act of a federal employee acting within the scope of employment
[removed]		Allows suits only against state supervising officials and not federal employees

2 points

QUESTION 33

1. The Fourth Amendment prohibits

[removed]		Unreasonable searches and seizures
[removed]		Arrest without an indictment
[removed]		Searches and seizures without a court order
[removed]		Warrants based on probable cause as determined by judges

2 points

QUESTION 34

1. The compilation of all federal rules currently in effect is:

[removed]		Code of Federal Regulations
[removed]		U.S. Code
[removed]		Federal Register
[removed]		U.S. Code Annotated

2 points

QUESTION 35

1. The federal Administrative Procedure Act was enacted in:

[removed]		1789
[removed]		1865
[removed]		1946
[removed]		1964

2 points

QUESTION 36

1. An agency rule that explains an agency’s understanding of the law or its regulations is known as:

[removed]		Substantive
[removed]		Interpretive
[removed]		Procedural
[removed]		Appellate

2 points

QUESTION 37

1. An elected public official who improperly applies public property to personal use:

[removed]		Cannot be prosecuted because elected officials have immunity
[removed]		May be subject to criminal prosecution for embezzlement
[removed]		Cannot be prosecuted unless more than $100,000 was taken
[removed]		Cannot be prosecuted because all public officials have sovereign immunity

2 points

QUESTION 38

1. Local government ethics rules tend to:

[removed]		Be more specific and more rigorously enforced than at the federal or state level of government
[removed]		Be more general and aspirational than at the federal or state level of government
[removed]		Mirror the rules that apply to federal agencies
[removed]		Be tied to strict criminal sanctions

2 points

QUESTION 39

1. State ethics laws:

[removed]		Always apply to all state and local officials and employees
[removed]		Only apply to municipal employees
[removed]		Vary in their application but usually apply to state public officials and some public employees
[removed]		Always apply only to elected officials

2 points

QUESTION 40

1. In a mediation:

[removed]		The dispute is submitted to a third party who issues a binding decision
[removed]		The parties submit their arguments to a panel that recommends a decision to a judge
[removed]		A third party leads the parties and their lawyers through a discussion intended to result in a voluntary agreement
[removed]		A third party gives a non-binding opinion about which of the parties has the better case

2 points

QUESTION 41

1. Injunctive relief is:

[removed]		A court order that someone do or not do something
[removed]		An award of damages equal to actual economic loss
[removed]		A public apology
[removed]		Only awarded to the government

2 points

QUESTION 42

1. In litigation, the plaintiff:

[removed]		Is the party initiating the lawsuit with a claim
[removed]		Is the party against whom the lawsuit is initiated
[removed]		Is prohibited from seeking relief in the case
[removed]		Is not a party in the case

2 points

QUESTION 43

1. 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?

[removed]		“The state supreme court may have recently ruled against us on this issue, but there are good reasons why this court should adopt a different approach.”
[removed]		“You have heard two conflicting versions of the facts, and I urge you to conclude that my client’s version is more believable.”
[removed]		“You have heard two conflicting versions of the facts, and I urge you to conclude that my opponent’s version is not credible.”
[removed]		“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.”

2 points

QUESTION 44

1. Under which of the following circumstances may a lawyer disclose a confidential client-lawyer communication?

[removed]		If the lawyer determines that the disclosure is in the client’s best interest
[removed]		If the client consents
[removed]		If the lawyer determines that the disclosure is reasonably necessary
[removed]		Whenever the lawyer chooses to do so

2 points

QUESTION 45

1. A lawyer is licensed to give advice in a specialty area, such as real estate law, only if:

[removed]		The lawyer passes a state specialty exam and receives specialty certification
[removed]		The lawyer completes a professional certification course in the specialty
[removed]		The lawyer passes a federal specialty exam and receives specialty certification
[removed]		The lawyer is licensed to practice law within the jurisdiction

2 points

QUESTION 46

1. A lawyer who represented the government in a particular matter:

[removed]		May not represent private clients in the same matter if the lawyer was directly involved in behalf of the government
[removed]		Is not restricted in representation of private clients in the same matter
[removed]		May represent private clients in the same matter after one year after the lawyer’s government employment terminated
[removed]		May represent private clients in the same matter if the private clients consent

2 points

QUESTION 47

1. A series of publications that provide a means of checking cases, statutes, and other authority for subsequent and related authority is:

[removed]		Law Revisions
[removed]		American Jurisprudence
[removed]		Shepard’s
[removed]		American Law Reports

2 points

QUESTION 48

1. C.F.R. stands for:

[removed]		Combined Federal Rules
[removed]		Code of Federal Regulations
[removed]		Court Finding Register
[removed]		Clearinghouse of First Rules

2 points

QUESTION 49

1. In an A.L.R. you would find:

[removed]		International treaties
[removed]		State code sections
[removed]		Articles that summarize and organize federal and state law on particular topics
[removed]		Administrative rules

2 points

QUESTION 50

1. Local government ordinances are published:

[removed]		By the local governments and often included in the Municode data base
[removed]		By the state governments as part of the state code
[removed]		By the federal government as part of the state codes
[removed]		In Shepard’s

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