Question 1

The Commerce Clause of the United States Constitution gives the federal government the ________ power to regulate commerce with foreign nations.

Accepted Answer

A)  reserved 
B)  exclusive 
C)  shared 
D)  qualified 
E)  conditional 
A)  reserved 
B)  exclusive 
C)  shared 
D)  qualified 
E)  conditional

Question 2

According to the modern interpretation of the Commerce Clause,any local (i.e.,intrastate)activity that has an effect on interstate commerce is subject to federal regulation.

Accepted Answer

A) True 
 B)False

Question 3

According to the United States Supreme Court,in order for a work (e.g.,a movie)to be obscene,the average person,applying contemporary community standards,would find that the work,taken as a whole,appeals to the salient interest.

Accepted Answer

A) True 
 B)False

Question 4

Providing government subsidies to farmers,but not to those in other occupations,is a violation of the "strict scrutiny" test of equal protection.

Accepted Answer

A) True 
 B)False

Question 5

The Equal Protection Clause generally requires that businesses,both private and public,treat similarly situated persons similarly.

Accepted Answer

A) True 
 B)False

Question 6

Assume that Congress has passed a statute ordering that the national minimum wage shall be $7.50 per hour.California,bowing to protests by employers claiming certain financial ruin,passes a state statute authorizing a minimum wage for California businesses at $7.00 an hour.At the same time,New York,with its employers also claiming certain financial ruin,nevertheless passes a state statute creating a state minimum wage of $8.00 per hour.Assume that both laws apply to employer-employee relationships wholly within the respective states.If a worker in California and an employer in New York brought suit challenging the state laws,how should the courts decide?

Accepted Answer

Since the federal government has enacted

Question 7

Enforcement of affirmative action through the use of a quota system is lawful if it is done to accomplish a legitimate state or federal purpose.

Accepted Answer

A) True 
 B)False

Question 8

The test to determine whether substantive due process is met is whether a(n)________ person could understand the law to be able to comply with it.

Accepted Answer

A)  educated 
B)  adult 
C)  mature 
D)  reasonable 
E)  common person 
A)  educated 
B)  adult 
C)  mature 
D)  reasonable 
E)  common person

Question 9

One of the two major functions of the U.S.Constitution is to limit the government's ability to interfere with individual rights.

Accepted Answer

A) True 
 B)False

Question 10

The First Amendment to the United States Constitution contains two (2)separate religion clauses: 1)the Enlightenment Clause; and 2)the Free Exercise Clause.

Accepted Answer

A) True 
 B)False

Question 11

What was the first document to set out the operation of the United States government?

Accepted Answer

A)  the Declaration of Independence 
B)  the Colonial Government Manifest 
C)  the Articles of Confederation 
D)  the Gettysburg Address 
E)  the U.S. Constitution 
A)  the Declaration of Independence 
B)  the Colonial Government Manifest 
C)  the Articles of Confederation 
D)  the Gettysburg Address 
E)  the U.S. Constitution

Question 12

Which of the following is true?

Accepted Answer

A)  Because of the Commerce Clause, states do not have any power to regulate commerce. 
B)  In order for the federal government to have power to regulate commerce, the commerce in question must actually cross state lines. 
C)  The states' police power gives states the power to regulate intrastate and much interstate business within their borders. 
D)  Although a state cannot regulate interstate commerce within its borders, it has full power to prevent interstate business activities within its borders. 
E)  Cases involving interstate commerce are decided under strict scrutiny. 
A)  Because of the Commerce Clause, states do not have any power to regulate commerce. 
B)  In order for the federal government to have power to regulate commerce, the commerce in question must actually cross state lines. 
C)  The states' police power gives states the power to regulate intrastate and much interstate business within their borders. 
D)  Although a state cannot regulate interstate commerce within its borders, it has full power to prevent interstate business activities within its borders. 
E)  Cases involving interstate commerce are decided under strict scrutiny.

Question 13

When television personalities make fun of the President,they are engaging in:

Accepted Answer

A)  protected speech. 
B)  limited protected speech. 
C)  unprotected speech. 
D)  commercial speech. 
E)  disparagement. 
A)  protected speech. 
B)  limited protected speech. 
C)  unprotected speech. 
D)  commercial speech. 
E)  disparagement.

Question 14

A city ordinance prohibits any advertising of fur coats within the city limits.This ordinance:

Accepted Answer

A)  is constitutional because the U.S. Constitution provides no right to advertise. 
B)  would be analyzed under strict scrutiny if challenged on equal protection grounds. 
C)  would be challenged on the grounds of either equal protection or freedom of speech. 
D)  is not constitutional because commercial speech cannot be restricted. 
E)  would be analyzed under the intermediate level of scrutiny and challenged on equal protections grounds. 
A)  is constitutional because the U.S. Constitution provides no right to advertise. 
B)  would be analyzed under strict scrutiny if challenged on equal protection grounds. 
C)  would be challenged on the grounds of either equal protection or freedom of speech. 
D)  is not constitutional because commercial speech cannot be restricted. 
E)  would be analyzed under the intermediate level of scrutiny and challenged on equal protections grounds.

Question 15

Assume that Congress passes a statute that bans the use of personal watercraft on any body of water before 8:00 a.m.and after 9:00 p.m.Congress based its passage of the law on its authority to regulate interstate commerce because it believed that fewer persons would buy personal watercraft because of this law.In a constitutional challenge,most likely:

Accepted Answer

A)  the law would be found constitutional only if it did not conflict with a valid state law. 
B)  the law would be found to violate the Equal Protection Clause because it applied on water, but not on land. 
C)  the law would be constitutional because of the federal government's police power. 
D)  the law would be found unconstitutional because any effect on interstate commerce is too remote for this to be a valid exercise of federal power. 
E)  the laws would likely be a violation of equal protection rights under the U.S. Constitution. 
A)  the law would be found constitutional only if it did not conflict with a valid state law. 
B)  the law would be found to violate the Equal Protection Clause because it applied on water, but not on land. 
C)  the law would be constitutional because of the federal government's police power. 
D)  the law would be found unconstitutional because any effect on interstate commerce is too remote for this to be a valid exercise of federal power. 
E)  the laws would likely be a violation of equal protection rights under the U.S. Constitution.

Question 16

Under the Supremacy Clause of the U.S.Constitution,when Congress chooses to regulate in an area:

Accepted Answer

A)  it will automatically have exclusive jurisdiction to regulate in that area. 
B)  states will always remain able to freely regulate in that area. 
C)  states will always be able to regulate in that area, so long as the state law does not directly and substantially conflict with the federal law. 
D)  whether the state has any authority to regulate in the area will depend on whether Congress provides that the federal government has exclusive authority to regulate in that area. 
E)  the state will be able to regulate in that area only with prior permission of the U.S. Supreme Court. 
A)  it will automatically have exclusive jurisdiction to regulate in that area. 
B)  states will always remain able to freely regulate in that area. 
C)  states will always be able to regulate in that area, so long as the state law does not directly and substantially conflict with the federal law. 
D)  whether the state has any authority to regulate in the area will depend on whether Congress provides that the federal government has exclusive authority to regulate in that area. 
E)  the state will be able to regulate in that area only with prior permission of the U.S. Supreme Court.

Question 17

Assume that the state of Colorado institutes a law requiring that persons from outside the state of Colorado take a skiing exam and obtain a skiing license before being allowed to ski at a downhill resort on runs other than the beginner runs.The fee for this license is $75.Colorado residents are not required to get a license because most resident skiers learn to ski properly at an early age.This statute could be challenged under:

Accepted Answer

A)  the Equal Protection Clause. 
B)  the Privileges and Immunities Clause. 
C)  the Interstate Commerce Clause. 
D)  the Equal Protection Clause and the Privileges and Immunities Clause, but not under the Interstate Commerce Clause. 
E)  the Equal Protection Clause, the Privileges and Immunities Clause, and the Interstate Commerce Clause. 
A)  the Equal Protection Clause. 
B)  the Privileges and Immunities Clause. 
C)  the Interstate Commerce Clause. 
D)  the Equal Protection Clause and the Privileges and Immunities Clause, but not under the Interstate Commerce Clause. 
E)  the Equal Protection Clause, the Privileges and Immunities Clause, and the Interstate Commerce Clause.

Question 18

A state can regulate in areas affecting interstate commerce where the federal government has chosen not to regulate if the state law does not place an undue burden on interstate commerce.

Accepted Answer

A) True 
 B)False

Question 19

Obscene speech is protected by the First Amendment to the United States Constitution.

Accepted Answer

A) True 
 B)False

Question 20

The United States Supreme Court places speech into three (3)categories: 1)fully protected; 2)limited protected; and 3)unprotected.

Accepted Answer

A) True 
 B)False

Exam 2: Constitutional Law for Business and E-Commerce

The Commerce Clause of the United States Constitution gives the federal government the ________ power to regulate commerce with foreign nations.

According to the modern interpretation of the Commerce Clause,any local (i.e.,intrastate)activity that has an effect on interstate commerce is subject to federal regulation.

According to the United States Supreme Court,in order for a work (e.g.,a movie)to be obscene,the average person,applying contemporary community standards,would find that the work,taken as a whole,appeals to the salient interest.

Providing government subsidies to farmers,but not to those in other occupations,is a violation of the "strict scrutiny" test of equal protection.

The Equal Protection Clause generally requires that businesses,both private and public,treat similarly situated persons similarly.

Enforcement of affirmative action through the use of a quota system is lawful if it is done to accomplish a legitimate state or federal purpose.

The test to determine whether substantive due process is met is whether a(n)________ person could understand the law to be able to comply with it.

One of the two major functions of the U.S.Constitution is to limit the government's ability to interfere with individual rights.

The First Amendment to the United States Constitution contains two (2)separate religion clauses: 1)the Enlightenment Clause; and 2)the Free Exercise Clause.

What was the first document to set out the operation of the United States government?

Which of the following is true?

When television personalities make fun of the President,they are engaging in:

A city ordinance prohibits any advertising of fur coats within the city limits.This ordinance:

Under the Supremacy Clause of the U.S.Constitution,when Congress chooses to regulate in an area:

A state can regulate in areas affecting interstate commerce where the federal government has chosen not to regulate if the state law does not place an undue burden on interstate commerce.

Obscene speech is protected by the First Amendment to the United States Constitution.

The United States Supreme Court places speech into three (3)categories: 1)fully protected; 2)limited protected; and 3)unprotected.

Legal Heritage and the Information Age

Courts and Jurisdiction

Judicial, Alternative, Administrative, and E-Dispute Resolution

Torts and Strict Liability

Criminal Law and Cyber Crimes

Intellectual Property and Cyber Piracy

Ethics and Social Responsibility of Business

Nature of Traditional and E-Contracts

Agreement and Consideration

Capacity and Legality

Genuineness of Assent and Statute of Frauds

Third-Party Rights and Discharge

Breach of Contract and Remedies

Digital Law and E-Commerce

Formation of Sales, Lease, and E-Contracts

Performance of Sales, Leases and E-Contracts

Remedies for Breach of Sales and Lease Contracts

Warranties and Product Liability

Creation and Transfer of Negotiable Instruments

Holder in Due Course and Liability of Parties

Banking System, E-Money, and Financial Reform

Credit and Secured Transactions

Bankruptcy and Reorganization

Agency Law

Small Business, Entrepreneurship, and Partnerships

Corporate Formation and Financing

Corporate Governance and Sarbanes-Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Company and Limited Liability Partnership

Franchise and Special Forms of Business

Investor Protection,E-Securities Transactions,and Wall Street Reform

Antitrust Law

Consumer Safety, Consumer Financial Protection, and Environmental Protection

Labor, Worker Protection, Employment, and Immigration Law

Equal Opportunity in Employment

Personal Property, Bailment, and Insurance

Real Property, Landlord-Tenant Law, and Land Use Regulation

Family Law, Wills, and Trusts

Accountants' Liability

International and World Trade Law

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