Chapter 4 Practice Exam

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Chapter 4 Practice Exam

Matching Questions

Match the following terms with their definitions:

(5) A. Statute

(1) C. Judicial review

(3) E. Stare decisis

1. The power of federal courts to examine the constitutionality of statutes and acts of government.

3. The rule that requires courts to rule based on precedent.

5. A law passed by a legislative body.

True/False Questions

Circle true or false:

1. T F The government may not prohibit a political rally, but it may restrict when and where the demonstrators meet.

3. T F The government has the right to take a homeowner’s property for a public purpose.

5. T F A bystander who sees someone in peril must come to that person’s assistance, but only if he can do so without endangering himself or others.

Multiple Choice Questions

7. Colorado passes a hotel tax of 8% for Colorado residents and 15% for out-of-state visitors. The new law

(a) Is valid, based on the Supremacy Clause.

(b) Is void, based on the Supremacy Clause.

(c) Is valid, based on the Commerce Clause.

(d) Is void, based on the Commerce Clause.

(e) Is void, based on the Takings Clause.

9. Congress has passed a new bill but the president does not like the law. What could happen next?

(a) The president must sign the bill whether he likes it or not.

(b) The president may veto the bill, in which case it is dead.

(c) The president may veto the bill, but Congress may attempt to override the veto.

(d) The president may ask the citizens to vote directly on the proposed law.

(e) The president may discharge the Congress and order new elections.

11. Martine, a psychiatrist, is convinced that Lance, her patient, intends to kill his own father.

(a) Martine may not contact the father, because she is obligated to protect patient-therapist confidentiality.

(b) Martine may contact the father, but she is not obligated to take any steps at all.

(c) Martine must warn the father.

(d) Martine may seek judicial review of the case.

(e) Martine may warn Lance not to do anything but she herself may not become involved.

Short-Answer Questions

13. In the early 1970s, President Nixon became embroiled in the Watergate dispute. He was accused of covering up a criminal break-in at the national headquarters of the Democratic Party. Nixon denied any wrongdoing. A United States District Court judge ordered the president to produce tapes of conversations held in his office. Nixon knew that complying with the order would produce damaging evidence, probably destroying his presidency. He refused, claiming executive privilege. The case went to the Supreme Court. Nixon strongly implied that even if the Supreme Court ordered him to produce the tapes, he would refuse. What major constitutional issue did this raise?

Answer: The constitutional issue is judicial review. Since Marbury v. Madison, 5 U.S. 137 (1803), federal courts have insisted that they have the power to review acts of the other two branches. The Supreme Court ruled that while there was a limited executive privilege, it did not include the right to withhold evidence in a criminal investigation. When the Supreme Court did in fact order Nixon to produce the tapes, he hesitated . . . but obeyed. The tapes he produced destroyed his credibility and his political base, and he became the first president to resign his office. But the principle of judicial review was affirmed.

15. ETHICS It appears that no state requires restaurant employees to furnish first aid to choking victims, because of the possibility that they could do more harm than good. But some states do require the restaurant to respond. The Wyoming court has ruled that a restaurant has a legal duty to summon aid for a choking victim but no duty to provide the aid itself or train the staff to do so. Drew v. LeJay’s Sportsman’s Cafe, 806 P.2d 301 (Wyo. 1991).

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