Law 3800, Sample Midterm Questions S 10

Law 3800, Sample Midterm Questions S 10 - d Judicial...

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Law 3800 Dr. Edmonds Sample Midterm Exam Questions Spring 2010 Questions 1 - 4 are based upon the following facts, as amplified in each question. The U.S. Congress passes a law intended to address violence in and around public schools in America (The Act). The Act among other things, makes the illegal possession of a gun within a certain distance from a public school a Federal Law felony, to be charged, tried and punished in a Federal Court. Lopez is caught with an illegal handgun hiding near a public school after a robbery. He is within the distance specified in the Act, and is charged, tried and convicted of the Federal offense. Lopez’ attorney appeals his conviction to the U.S. Supreme Court, claiming that the Act is unconstitutional as Congress lacks the authority to make Lopez’ conduct illegal. 1. Lopez’ attorney is asking to Supreme Court to exercise which of its powers? a. Judicial Review. b. In rem jurisdiction c. In personum jurisdiction.
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Unformatted text preview: d. Judicial Conservatism. e. None of the above. The U.S. Constitution generally reserves the power to make this type of conduct illegal to the States, but allows Congress to make some activities illegal. 2. This concept is called: a. Shared Sovereignty. b. Separation of Powers. c. Executive Power. d. Judicial Power. 4. If Congress has the power to make Lopez’ activities illegal in this case, it must come from: a. Article III of the U.S. Constitution. b. Article I, Section 8 of the U.S. Constitution. c. Heart of Atlanta Motel v United States d. Millard v Fillmore e. None of the above. 5. In the Lopez case (United States v Lopez, 514 U.S. 549 1995) the Supreme Court ruled as follows: a. That Congress lacked the power to make Lopez’ conduct illegal under the Act. b. That Lopez’ conduct failed to have any connection with interstate commerce. c. That Lopez’ conduct could only be made illegal by a State. d. All of the above...
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Law 3800, Sample Midterm Questions S 10 - d Judicial...

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