Chap. 1 The Constitutional Foundations

The Delaware Legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by

• The federal government only

• no one

• The United States Supreme Court only.

• The State of Pennsylvania Only.

The Fifth Amendment:

• guarantees the rights to indictment by a grand jury.

• prohibits unreasonable searches and seizures of persons or property.

• guarantees the freedoms of religion, speech, and the press.

• requires all persons to serve in the military.

Makenna enters into a contract with Kelly to provide 100 roses for a dinner party. Makenna fails to deliver the roses. Kelly initiates a suit against Makenna, asking the court to order Makenna to deliver the roses. Kelly is:

• The binding authority.

• The defendant.

• The persuasive authority.

• The plaintiff.

Krista and Landon enter into a contract for the sale of a car, but Krista later refuses to deliver the car. Landon asks a court to order Krista to perform as promised. Ordering a party to perform what was promised is

• damages

• specific performance

• rescission

• beyond the court's authority

Ben burns an American flag in his backyard and films his actions and posts the video on YouTube.com. Ben's actions are

• expressly prohibited by the U.S. Constitution.

• able to give him free admission to ISIS.

• protected by the First Amendment of the U.S. Consitution.

• illegal in some states.

State Laws are the supreme law of the U.S.

• True

• False

Dylan is a federal judge whose judicial decisions are part of case law, which does not include interpretations of

• other case law.

• constitutional provisions.

• statutes.

• sound bites in the media.

Judge Madison decides that the precedent for the case she is hearing is no longer correct due to technological changes. She overturns the precedent when she decides the case. It is most likely that her case will

• go unnoticed by the public.

• be thrown out out of court.

• receive a great deal of publicity.

• be ignored by the media.

A court decision that furnished an example or authority for deciding subsequent cases involving identical or similar legal principles or facts.

• case law

• civil law

• due process clause

• precedent

Wisconsin enacts a statute to ban political ads in "bad taste." This statute would likely be held by a court to be

• an unconstitutional restriction of speech.

• justified by the need to protect individual rights.

• constitutional under the First Amendment.

• applesauce.