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D. |
Hearing Officer deciding the case.
2. Our legal system relies on several components – Constitutions (federal and states), statutes, case law applied by judges, and regulations written by regulatory agencies.
The Constitution is unique in what way, as discussed in the lecture this week?
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A. |
A Constitution is a law is developed by the People themselves, and can only be changed by the popular vote of the Citizens.
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B. |
The Constitution can only be overruled by the decisions of the U.S. Supreme Court.
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C. |
A Constitution is a set of laws that can never be changed.
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D. |
A Constitution is not just a set of laws, but a process for creating law.
3.Miracle-Low Products offers a weight belt that it asserts will help users lose weight. The advertising says that a test group lost an average of 25 pounds in a controlled test. However, the state prohibited the advertising on the grounds that the controlled test actually used employees of the company who wore the belts, but who also limited food intake drastically to achieve the weight loss. If Miracle-Low sues the state, will it win and be allowed to publish the test results?
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A. |
Yes, if the court finds that the test and advertising is not explicitly or inherently misleading commercial speech.
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B. |
Yes, if the employees did actually lose the weight as advertised.
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C. |
No, because commercial speech is not protected.
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D. |
No, because Commercial Free Speech is not protected.
4.
Is the government more likely to prohibit in advance a demonstration in a public area, or to permit the speech to occur, then punish it afterward?
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A. |
Prohibiting in advance a demonstration in a public area is considered a less drastic infringement on free speech than permitting the speech to occur but then punishing it afterwards.
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B. |
By definition, the law can only prevent speech, not later punish it. If the speech is permitted, then there can be no punishment afterwards.
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C. |
Prohibiting in advance a demonstration in a public area is considered no more of a drastic infringement on free speech than permitting the speech to occur but then punishing it afterwards.
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D. |
Prohibiting in advance a demonstration in a public area is considered a more drastic infringement on free speech than permitting the speech to occur but then punishing it afterwards.
5.
The state prison has determined that while female corrections officers will be allowed in many jobs in the state’s maximum security prison for men, they will not be allowed to work in jobs that place them in direct contact with male prisoners. Female correction officers have sued the state, arguing that this violates the Equal Protection Clause of the U.S. Constitution.
What legal test should the Federal District Court use to determine if the prison’s policy is a violation of the Equal Protection Clause?
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A. |
The prison policy will be upheld because the prison is subject to the state constitution, not the U.S. Constitution.
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B. |
The prison policy will be upheld if there is any conceivable basis on which the classification might relate to a legitimate governmental interest.
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C. |
The prison policy will be upheld only if it is necessary to promote a compelling state interest, and is broadly tailored to achieve all possible interests that the government may have.
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D. |
The prison policy will be upheld if it is substantially related to an important governmental interest.
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