In: Accounting
38. The right to trial by jury
a. exists in all cases.
b. depends entirely on a state’s constitution.
c. cannot be waived.
d. exists in certain cases.
39. The U.S. Constitution
a. established a federal form of government.
b. established a unitary form of government.
c. established an imperial form of government.
d. can be amended only with the consent of all states in existence at the time of the amendment.
40. When the U.S. Congress chooses to act exclusively in an area of the law it is said
a. to dominate the area of the law.
b. to preempt the area of the law.
c. to be exercising its exclusionary authority.
d. to ignore states’ rights.
41. Commercial speech
a. is completely protected by the First Amendment.
b. is unprotected by the First Amendment.
c. is not protected by the First Amendment as extensively as non-commercial speech.
d. exists only when spoken or written by officers of a corporation.
42. The Establishment Clause of the U.S. Constitution
a. prohibits the creation of a central national bank.
b. created the federal judicial system.
c. was repealed in 1815 at the conclusion of the War of 1812.
d. prohibits showing preference to any religion.
Since, multiple questions have been posted, I have answered the first two. Also, these questions are very specific in nature. So detailed explanation is not possible. However, I have tried to include some details for both the answers.
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Question 38)
Exists in all cases. (which is Option A)
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Explanation:
The right to trial by jury is available in all the cases as per Article III of the U.S. Constitution. Sixth Amendment to the United States Constitution grants such a right in case of criminal prosecutions and Seventh Amendment to the United States Constitution provides the right in case of civil cases. Therefore, Option A is correct.
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Question 39)
Established a federal form of government. (which is Option A)
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Explanation:
The U.S. Constitution established a federal form of government wherein the powers are divided between the central government and state (local) governments. Therefore, Option A is correct.