True/False
Indicate whether the
statement is true or false.
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1.
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In the Magna Carta, the concept of due process was referred to as “the law
of the land.”
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2.
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Procedural due process deals with the procedures that government uses whenever
it actually
deprives a person of life, liberty, or property.
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3.
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Corporations are always considered to be persons for purposes of the due process
clause.
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4.
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The Court has held that the actions of a private interscholastic athletic
organization were government action and subject to due process where the association regulated
athletics at public schools and the officials and members of the organization were public school
officials or employees.
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5.
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Substantive due process has played an important role in the Supreme
Court’s protection of economic and personal freedoms.
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6.
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The Due Process Clause authorizes any individual who commits sex offenses to be
subject to civil commitment.
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7.
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All aspects of a criminal case, beginning with the police investigation, must
comply with procedural due process.
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8.
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Juvenile cases are not subject to due process requirements.
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9.
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Procedural Due Process has little application to civil cases.
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10.
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Due process must be followed by state agencies that suspend drivers’
licenses.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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11.
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The Due Process Clause is found in
a. | Article V of the Constitution | b. | the Fifth Amendment to the
Constitution | c. | the Fourteenth Amendment to the Constitution | d. | both b and
c |
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12.
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An individual who challenges a state law prohibiting any business from allowing
minors to work more than 10 hours a week during the school year would probably challenge this law as
a violation of
a. | substantive due process | b. | procedural due process | c. | the Fifth Amendment
Due Process Clause | d. | both a and c |
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13.
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Corporations have no rights under the Due Process Clause
a. | to challenge a state law that requires all children to attend public school, where
the corporation owns a private school | b. | to challenge a state law that requires all
children to attend public school, where the corporation owns a private school | c. | to assert any due
process violation | d. | to assert a violation of the First Amendment
where the corporation is a newspaper corporation |
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14.
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Which of the following is/are questions asked by the Court in evaluating a law
for a due process violation?
a. | Does the law does deprive a person of any rights? | b. | Is the law
authorized by the state constitution? | c. | Is the law a proper exercise of government
power? | d. | all of the above |
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15.
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A law violates due process if it
a. | involves a fundamental right and is arbitrary and irrational | b. | involves a
fundamental right and there is no compelling state interest | c. | only if it involves
a nonfundamental right | d. | only if it involves a fundamental
right |
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16.
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Even though these laws interfere with a business owner’s liberty to run a
business, the Court has upheld
a. | minimum wage laws | b. | collective bargaining
requirements | c. | price controls | d. | all of the
above |
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17.
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Which of the following was held not to be a violation of substantive due
process?
a. | a law that criminalized sex between consenting adults of the same
sex | b. | a court judgment for excessive punitive damages in civil cases | c. | a law allowing civil
commitment of a sex offender who already served his criminal sentence | d. | a law that limited
potential damages for a nuclear accident |
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18.
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Procedural due process usually requires
a. | notice of the proposed taking | b. | the opportunity for a fair
hearing | c. | the opportunity for a hearing by an impartial judge or panel | d. | all of the
above |
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19.
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A juvenile does not have a right to
a. | substantive due process | b. | procedural due process | c. | a jury
trial | d. | an attorney |
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20.
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Wrongful termination of employment is a due process violation
a. | under all circumstances | b. | under no circumstances | c. | when the individual
had a right to continued employment | d. | when the individual had been employed for at
least six months |
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