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In South Dakota v.Dole,the validity of a federal statute granting federal funds for state highways to only those states in which 21 is the legal drinking age was questioned.What did the U.S.Supreme Court rule?


A) The Court upheld the statute only in the case of states that could provide matching funds;and if matching funds could not be provided,the Court ruled that Congress was overreaching its power in regard to partnership between state and federal government.
B) The Court upheld the statute.
C) The Court upheld the statute only in the case of states that could not provide matching funds;and if matching funds could be provided,the Court ruled that there was insufficient reason for the law.
D) The Court struck the statute on the basis that it violated the taxing and spending powers of the federal government under the U.S.Constitution.
E) The Court struck the statute on the basis that it violated the Commerce Clause under the U.S.Constitution.

F) D) and E)
G) B) and E)

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Not all corporate speech is political speech.

A) True
B) False

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Citizens are protected from unreasonable searches and seizures under which amendment?


A) Fourth
B) Tenth
C) Third
D) Sixth
E) First

F) A) and E)
G) A) and D)

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Which of the following is true regarding the right of the federal government to obtain business books and records?


A) The government has an absolute right to business books and records so long as a subpoena is issued by a grand jury.
B) Obtaining books and records from a sole proprietor based only on a subpoena from a grand jury violates the owner's rights against self-incrimination,but seizing records from a sole shareholder of a corporation in that manner does not violate rights against self-incrimination.
C) Obtaining books and records from a sole shareholder of a corporation and also from a sole proprietor based only upon a subpoena issued by a grand jury violates the right against self-incrimination.
D) The government has no rights to such records without a search warrant,and a grand jury subpoena is insufficient regardless of whether a sole proprietor or a corporate shareholder is involved.
E) Obtaining books and records from a sole shareholder of a corporation based only on a subpoena from a grand jury violates the shareholder's rights against self-incrimination,but seizing records from a sole proprietor in that manner does not violate rights against self-incrimination.

F) B) and D)
G) D) and E)

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Which of the following are types of due process?


A) Procedural,substantive,and independent
B) Substantive,independent,and full faith
C) Independent,full faith,and procedural
D) Independent,full faith,and substantive
E) Procedural and substantive

F) A) and E)
G) A) and B)

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Today,when the First Amendment is concerned,what does the term "political speech" reference with regard to corporations?


A) While the term "political speech" has historical connections,the First Amendment is not referenced in relation to "political speech" today because today all speech is considered at the same level.
B) Speech by private citizens involving advertising that is regulated by state government.
C) Speech that occurs when corporations support political candidates.
D) Speech by any citizen in connection with an election campaign.
E) Speech by elected officials regarding other elected officials.

F) A) and B)
G) B) and E)

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What is the term for a court order that authorizes law enforcement agents to search for or seize items specifically described in the order?


A) Search warrant
B) Subpoena warrant
C) Search authorization form
D) Review authorization
E) Seek warrant

F) A) and D)
G) A) and E)

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Under what circumstances could government agents engage in a search without a search warrant?


A) Outside of normal working hours for a judge.
B) When they can show that they have heightened probable cause.
C) When they can show that the suspect who lives in the residence at issue has been in jail previously.
D) When they can show that a felony is involved.
E) When law enforcement officials believe it is likely that the items sought will be removed before they can obtain a warrant.

F) B) and E)
G) C) and D)

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What is the system of checks and balances,and how does it work?

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The Constitution establishes the system ...

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The Third Amendment protects citizens from unreasonable search and seizure.

A) True
B) False

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What was the result at the U.S.Supreme Court level in the Case Opener involving the constitutionality of the "individual mandate" of the Affordable Care Act requiring that most Americans obtain minimum essential health insurance contained within the Affordable Care Act?


A) The Supreme Court struck the "individual mandate" from the Affordable Care Act as a violation of the taxing clause but allowed the remainder of the law to remain.
B) The Supreme Court upheld the "individual mandate" of the Affordable Care Act on the basis that it was a valid exercise of congressional power under the taxing clause and also under the Commerce Clause.
C) The Supreme Court upheld the "individual mandate of the Affordable Care Act on the basis that it was a valid exercise of congressional power" under the commerce clause.
D) The Supreme Court upheld the "individual mandate" of the Affordable Care Act on the basis that it was a valid exercise of congressional power under the taxing clause.
E) The Supreme Court struck the "individual mandate" from the Affordable Care Act as a violation of the Commerce Clause but allowed the remainder of the law to remain.

F) A) and D)
G) A) and C)

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[Thermal Imaging] Sam was illegally growing marijuana in his home using heat lamps.The police randomly selected his street to search for illegal activity.Without any kind of a warrant,they used a thermal imager,an instrument that detects heat emissions,and determined that given the amount of emissions coming from Sam's house,he must be engaged in criminal marijuana cultivation.The police immediately broke down Sam's door,searched his home,and arrested him.The police officer in charge told Sam that he had no right to stay silent and that he might as well confess.Sam proceeded to confess to growing marijuana and a number of other crimes.The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing.Sam's lawyer,who just graduated from law school,is not sure if the police acted legally in Sam's case by using the thermal imager.Sam's lawyer also questions whether Sam had a right to remain silent,and he is concerned that the judge has not granted Sam a hearing. -Did the police act within their rights by using the thermal imager?


A) The police violated Sam's Fourth Amendment rights in using the thermal imager.
B) The police acted within their rights so long as they can show that Sam had been in jail previously on a drug offense charge.
C) The police acted within their rights so long as they can show that they asked a judge for a warrant before using the thermal imager,but the judge refused.
D) The police acted legally so long as they can show that Sam had been in jail previously for any offense.
E) The police acted within their rights so long as they can show that the street was truly chosen at random for a search.

F) A) and E)
G) A) and D)

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The U.S.Constitution explicitly allows courts to review legislative and executive actions to determine whether they are constitutional.

A) True
B) False

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Under what circumstances may Montana regulate the same subject matter as the federal government?


A) When a person's compliance with Montana state regulation would not cause him or her to be in violation of a federal regulation.
B) Never.A state cannot regulate the same subject matter as the federal government.
C) Only if the Montana law serves a compelling government interest.
D) Only if there is no federal law regarding the subject matter in the Montana state law.
E) Only when federal law expressly provides Montana with permission.

F) A) and B)
G) A) and C)

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[Big City] Leona and Enoch lived next door to each other for over thirty years.In an effort to bring new business and jobs into the area,the Big City council planned to build a shopping center,business park,and hotel.Big City notified Leona and Enoch that it had the authority to seize their land for public use,and Big City would provide them temporary housing and $1,000 in moving expenses.Leona and Enoch filed suit. -Who would likely win this lawsuit?


A) Leona and Enoch.Even though the use of eminent domain for the purpose of economic development is constitutional,the government must pay the owner fair market value for the property.
B) Leona and Enoch.Under the theory of eminent domain,the land must be used for "public purposes" and the land cannot be taken for economic development.
C) Big City.The use of eminent domain is constitutional.
D) Leona and Enoch.They had owned the land for over thirty years.
E) Big City.Economic development is a compelling government interest.

F) A) and E)
G) D) and E)

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Which of the following refers to the basic fairness of laws that may deprive an individual of her life,liberty,or property?


A) The prohibition against taking
B) The prohibition against pervasive regulation
C) Substantive due process
D) Procedural due process
E) Independent due process

F) A) and C)
G) D) and E)

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Under the authority of the commerce clause,Congress can pass laws as long as what criteria are met?


A) As long as the law is not objected to by any state affected within six months of its passage,it is constitutional.
B) As long as the law is approved by any state affected,it is constitutional.
C) The law will only be constitutional if it affects taxation in some way.
D) As long as the law involves in some way a right guaranteed by the Bill of Rights,it is constitutional.
E) As long as the law affects commerce among the states,or interstate commerce,in some way,the regulation is generally constitutional.

F) C) and E)
G) B) and D)

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When is a strict-scrutiny standard used to examine laws,how is this standard applied,and what presumption do courts apply,if any,in cases involving this standard?

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If a law prevents individuals from exerc...

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What does protection against "double jeopardy" mean?


A) The government may impose a double sentence on a repeat offender in order to protect the public.
B) The government must show that at least two people were injured by the defendant in order to justify trying the defendant twice for the same crime.
C) The government cannot try a person more than once for the same crime.
D) The government cannot try a person more than twice for the same crime.
E) The government must have double proof to prosecute a person twice for the same crime.

F) All of the above
G) A) and D)

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Which amendment provides that the government cannot infringe on citizens' right to bear arms?


A) Second
B) Fifth
C) Sixth
D) First
E) None

F) A) and D)
G) A) and C)

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