BUL 3130 MIDTERM ALL QUESTIONS AND ANSWERS
SET A+
✔✔Intermediate Scrutiny - ✔✔A group of students organizing a protest march would be
an instance of limited protected speech. If a law was passed prohibiting the students
from doing so, and such law were challenged, it would be analyzed under:
-Rational Basis Review
-Intermediate Scrutiny
-Strict Scrutiny
-none of the above
✔✔defamatory language - ✔✔Which of the following is a form of unprotected speech?
-offensive speech
-defamatory language
-commercial speech
-political speech
-None of the above are protected
✔✔Establishment Clause - ✔✔The ________ prohibits the government from promoting
one religion over another.
-Due Process Clause
-Privileges Clause
-Establishment Clause
-Bill of rights separation of powers
-Free Exercise Clause
✔✔The government provides subsidies to farmers, but not to carpenters or lumberjacks.
- ✔✔Which of the following is an example of a decision involving the Equal Protection
Clause which would be made on the basis of the rational basis test?
-The government requires only men above the age of 18 to volunteer for military
service.
-The government establishes a trust fund to provide financial aid to minority groups.
-A state government employs measures to improve living conditions in the reservations
, -The government provides free health care
-The government provides subsidies to farmers, but not to carpenters or lumberjacks.
✔✔False
(Questions involving race must meet strict scrutiny.) - ✔✔Questions arising under the
Due Process Clause which involve race are typically subject to rational basis review. T
or F?
✔✔false
(A plaintiff must have standing to bring a case.) - ✔✔A plaintiff does not necessarily
need to have a direct stake in a case to file a lawsuit against another party. T or F?
✔✔true - ✔✔T or F? If the defendant does not answer the complaint, a default judgment
is entered against him or her.
✔✔false
(Arbitration is a method to resolve lawsuits without court intervention; Joinder is joining
into a lawsuit.) - ✔✔T or F? The act of people interested in the lawsuit joining as parties
to an existing lawsuit is called arbitration.
✔✔true
(SOL begins to run when the plaintiff first has the right to sue) - ✔✔T or F? In a case of
personal injury due to an accident, the statute of limitations begins to "run" at the time
the accident occurs.
✔✔False - ✔✔T or F? Voir dire is the process whereby the jurors ask prospective
judges questions to determine whether they would be biased in their decisions.
✔✔Preponderance of the evidence - ✔✔If a plaintiff brings a civil lawsuit against
another party for breach of contract, which burden of proof applies?
-Probable cause
-Clear and convincing evidence
-Preponderance of the evidence
-Proof beyond a reasonable doubt
✔✔False
(Direct examination comes first and then the cross examination follows.) - ✔✔After a
defendant's witness in a trial is sworn in, he or she is cross-examined by the plaintiff's
attorney. T or F?
✔✔plaintiff
(the plaintiff has to prove the facts) - ✔✔If a plaintiff sues another party for breach of
contract, the burden of proof is on which party?
-Plaintiff
SET A+
✔✔Intermediate Scrutiny - ✔✔A group of students organizing a protest march would be
an instance of limited protected speech. If a law was passed prohibiting the students
from doing so, and such law were challenged, it would be analyzed under:
-Rational Basis Review
-Intermediate Scrutiny
-Strict Scrutiny
-none of the above
✔✔defamatory language - ✔✔Which of the following is a form of unprotected speech?
-offensive speech
-defamatory language
-commercial speech
-political speech
-None of the above are protected
✔✔Establishment Clause - ✔✔The ________ prohibits the government from promoting
one religion over another.
-Due Process Clause
-Privileges Clause
-Establishment Clause
-Bill of rights separation of powers
-Free Exercise Clause
✔✔The government provides subsidies to farmers, but not to carpenters or lumberjacks.
- ✔✔Which of the following is an example of a decision involving the Equal Protection
Clause which would be made on the basis of the rational basis test?
-The government requires only men above the age of 18 to volunteer for military
service.
-The government establishes a trust fund to provide financial aid to minority groups.
-A state government employs measures to improve living conditions in the reservations
, -The government provides free health care
-The government provides subsidies to farmers, but not to carpenters or lumberjacks.
✔✔False
(Questions involving race must meet strict scrutiny.) - ✔✔Questions arising under the
Due Process Clause which involve race are typically subject to rational basis review. T
or F?
✔✔false
(A plaintiff must have standing to bring a case.) - ✔✔A plaintiff does not necessarily
need to have a direct stake in a case to file a lawsuit against another party. T or F?
✔✔true - ✔✔T or F? If the defendant does not answer the complaint, a default judgment
is entered against him or her.
✔✔false
(Arbitration is a method to resolve lawsuits without court intervention; Joinder is joining
into a lawsuit.) - ✔✔T or F? The act of people interested in the lawsuit joining as parties
to an existing lawsuit is called arbitration.
✔✔true
(SOL begins to run when the plaintiff first has the right to sue) - ✔✔T or F? In a case of
personal injury due to an accident, the statute of limitations begins to "run" at the time
the accident occurs.
✔✔False - ✔✔T or F? Voir dire is the process whereby the jurors ask prospective
judges questions to determine whether they would be biased in their decisions.
✔✔Preponderance of the evidence - ✔✔If a plaintiff brings a civil lawsuit against
another party for breach of contract, which burden of proof applies?
-Probable cause
-Clear and convincing evidence
-Preponderance of the evidence
-Proof beyond a reasonable doubt
✔✔False
(Direct examination comes first and then the cross examination follows.) - ✔✔After a
defendant's witness in a trial is sworn in, he or she is cross-examined by the plaintiff's
attorney. T or F?
✔✔plaintiff
(the plaintiff has to prove the facts) - ✔✔If a plaintiff sues another party for breach of
contract, the burden of proof is on which party?
-Plaintiff
