Question

1. The natural law theory is composed of all but which of the following concepts.

a.There are certian legal values or value judgments.

b.Legal values are constantly changing.

c.Legal values can be determined by human reason.

d.Once legal values are determined, they supersede any form of human law.

2. The only court created by the U.S. Constitution is the U.S.:

a.Claims Court.

b.Court of Appeals.

c.District Court.

d.Supreme Court.

3. The power of judicial review, that is the power of the federal court to review and determine the meaning and effect of federal law:

a.is found in Article 3 of the U.S. Constitution.

b.is found in an enabling statute.

c.was created by the U.S. Supreme Court.

d.was authorized by an executive order.

4. A federal court has subject matter jurisdiction in both of the following situations.

a.The case involves a political question and a federal question.

b.The case involves a state claim (whether or not the claim is based on diversity jurisdiction), or there is a pendent state claim.

c.The case involves a federal question or a state based claim based on diversity jurisdiction.

d.None of the above.

5. Statutes that allow courts to exercise personal jurisdiction over defendants who are not domiciliaries of the state based upon minimum contacts are called:

a.jurisdictional statutes.

b.personam statutes.

c.extraterritorial statutes.

d.long-arm statutes.

6. The primary source of the federal government's power to regulate business is the:

a. Supremeacy Clause.

b. Commerce Clause

c. Contract Clause.

d. Privilege and Immunities Clause.

7.All of the following types of speech are protected under the First Amendment, except.

a.Offensive speech.

b.Political speech.

c.Speech that incites immediate violence.

d.Commercial speech.

8.When applying the equal protection clause, which of the following classifications is clearly a suspect class?

a. Those directed at age.

b. Those directed at race.

c. Those directed at sexual preference.

d. All of the above.

9. The standards of review under the 14th Amendment Equal Protection clause are:

a. Strict scrutiny, moot case test and suspect class.

b. Procedural scrutiny, in rem scrutiny and mid-level scrutiny

c. Rational basis test, political test and advisory test.

d. Rational basis test, mid-level scrutiny, and strict scrutiny.

10. Charmane sued Gabrielle. Gabrielle made a motion for summary judgment. In order to prevail in this motion, Gabrielle must show that:

a.Charmane has no evidence supporting her case.

b.the judge made a prejudicial error.

c.Charmane has failed to state a claim upon which relief can be granted.

d.there is no genuine issue of material fact.

Answer 1

1. The natural law theory is composed of all but which of the following concepts.

Answer is a.There are certian legal values or value judgments.

2. The only court created by the U.S. Constitution is the U.S.:

The Supreme court is the only court explicitly created by US constitution.

Hence answer is d.Supreme Court.

3. The power of judicial review, that is the power of the federal court to review and determine the meaning and effect of federal law:

The provision relating to judicial review in article 3 states that: the judicial power of the United States ,shall be vested in one Supreme court,and in such inferior courts as congress from timt to time ordain and establish.

Hence answer is a.is found in Article 3 of the U.S. Constitution.

4. A federal court has subject matter jurisdiction in both of the following situations.

The federal courts can hear cases that involve the issues touching the constitution and the federal laws.The federal laws also authorises the federal courts to hear cases where opposing parties are citizens of different states. This is called "Diversity Jurisdiction"

Answer is c.The case involves a federal question or a state based claim based on diversity jurisdiction.

5. Statutes that allow courts to exercise personal jurisdiction over defendants who are not domiciliaries of the state based upon minimum contacts are called:

Long arm jurisdiction is the ability of courts to exercise jurisdiction over foreign defendents whether on a statutory basis or through court's inherent jurisdiction

Hence answer is d.long-arm statutes.

6. The primary source of the federal government's power to regulate business is the:

The Commerce clause of US constitution provides that the congress shall have the power to regulate interstate and foreign commerce.

Hence answer is b. Commerce Clause

7.All of the following types of speech are protected under the First Amendment, except.

Speech thats likely to provoke violence,defamation,fraud,incitement,true threats,fighting words,child pronology etxc are unprotected speech

Henca answer is c.Speech that incites immediate violence.

8.When applying the equal protection clause, which of the following classifications is clearly a suspect class?

Suspect classification refers to a characteristic used in applying a law,which will be a strict scrutiny standard.

Hence answer is b. Those directed at race.

10. Charmane sued Gabrielle. Gabrielle made a motion for summary judgment. In order to prevail in this motion, Gabrielle must show that:

Answer is d.there is no genuine issue of material fact.