Question 1

Political speech is an example of fully protected speech.

Accepted Answer

A) True 
 B)False

Question 2

If the federal government has chosen not to regulate an area of interstate commerce that it has the power to regulate under its Commerce Clause powers,this area of commerce is subject to what is referred to as the Dormant Commerce Clause.

Accepted Answer

A) True 
 B)False

Question 3

In order to enter into a treaty with a foreign nation,the executive branch needs:

Accepted Answer

A)  no further approval. 
B)  the approval of the Senate. 
C)  the approval of the House of Representatives. 
D)  the approval of the Senate and the House of Representatives. 
E)  the approval of the Senate and the Supreme Court. 
A)  no further approval. 
B)  the approval of the Senate. 
C)  the approval of the House of Representatives. 
D)  the approval of the Senate and the House of Representatives. 
E)  the approval of the Senate and the Supreme Court.

Question 4

The United States Supreme Court has adopted three (3)different standards of review for deciding whether the government's different treatment of people or businesses violates or does not violate the Equal Protection Clause: 1)the "maximum scrutiny" test; 2)the "average scrutiny" test; and 3)the "minimal scrutiny" test.

Accepted Answer

A) True 
 B)False

Question 5

Treaties entered into by the federal government with Native American Nations became void when the specific territory became a state and the treaty had to be renegotiated due to the land governance.

Accepted Answer

A) True 
 B)False

Question 6

When used in reference to the United States Constitution,the term "checks and balances" means that:

Accepted Answer

A)  Congress has the power to issue checks and balance the budget. 
B)  Congress has the power to check and balance the power of individual states. 
C)  the Constitution ensures that Congress has power to check and balance the power of federal agencies. 
D)  certain checks and balances are built into the Constitution to ensure that no one branch of the federal government becomes too powerful. 
E)  banks are required to offer checking accounts to customers. 
A)  Congress has the power to issue checks and balance the budget. 
B)  Congress has the power to check and balance the power of individual states. 
C)  the Constitution ensures that Congress has power to check and balance the power of federal agencies. 
D)  certain checks and balances are built into the Constitution to ensure that no one branch of the federal government becomes too powerful. 
E)  banks are required to offer checking accounts to customers.

Question 7

Article III of the United States Constitution establishes the judicial branch of government.

Accepted Answer

A) True 
 B)False

Question 8

If a federal statute does not expressly provide for exclusive jurisdiction,state and local governments have ________ jurisdiction to regulate an area or activity.

Accepted Answer

A)  long-arm 
B)  exclusive 
C)  concurrent 
D)  concordant 
E)  discordant 
A)  long-arm 
B)  exclusive 
C)  concurrent 
D)  concordant 
E)  discordant

Question 9

The U.S.Supreme Court has ruled that the Internet must be given the highest possible level of First Amendment free-speech protection.

Accepted Answer

A) True 
 B)False

Question 10

The Bill of Rights is another name for:

Accepted Answer

A)  the Articles of Confederation. 
B)  the U.S. Constitution. 
C)  the document that explains the U.S. Constitution. 
D)  the first ten amendments to the U.S. Constitution. 
E)  the first seven articles of the U.S. Constitution. 
A)  the Articles of Confederation. 
B)  the U.S. Constitution. 
C)  the document that explains the U.S. Constitution. 
D)  the first ten amendments to the U.S. Constitution. 
E)  the first seven articles of the U.S. Constitution.

Question 11

Freedom of religion under the U.S.Constitution:

Accepted Answer

A)  comes from the Establishment Clause as well as the Free Exercise Clause. 
B)  applies only to those religions in existence on the date the Constitution became effective. 
C)  gives practitioners absolute rights to take part in actions which are religious-based. 
D)  allows the government to establish an official religion or religions so long as citizens remain free to practice any other religion they choose. 
E)  comes only from the Establishment clause. 
A)  comes from the Establishment Clause as well as the Free Exercise Clause. 
B)  applies only to those religions in existence on the date the Constitution became effective. 
C)  gives practitioners absolute rights to take part in actions which are religious-based. 
D)  allows the government to establish an official religion or religions so long as citizens remain free to practice any other religion they choose. 
E)  comes only from the Establishment clause.

Question 12

The Articles of Confederation did not provide the United States Congress with the power to regulate interstate commerce.

Accepted Answer

A) True 
 B)False

Question 13

An affirmative action program that gives racial minorities a "plus factor" when considered for public university admission is lawful under the "strict scrutiny" test of equal protection,as long as it does not constitute a quota system.

Accepted Answer

A) True 
 B)False

Question 14

States retain the power to regulate intrastate business activity and much interstate business activity that occurs within their borders.This is commonly referred to as states' ________ power.

Accepted Answer

A)  commerce 
B)  supremacy 
C)  autonomous 
D)  police 
E)  delegated 
A)  commerce 
B)  supremacy 
C)  autonomous 
D)  police 
E)  delegated

Question 15

If there is an area of interstate commerce that the federal government has chosen not to regulate,the states can:

Accepted Answer

A)  regulate without restriction in that area. 
B)  regulate in that area so long as the state law does not unduly burden interstate commerce. 
C)  regulate in that area so long as it first gets the requisite approval from Congress. 
D)  not regulate in that area because states cannot pass laws affecting interstate commerce. 
E)  not regulate in that area, because the federal government's decision to not regulate in an area implies that there is to be no regulation in that area at any level. 
A)  regulate without restriction in that area. 
B)  regulate in that area so long as the state law does not unduly burden interstate commerce. 
C)  regulate in that area so long as it first gets the requisite approval from Congress. 
D)  not regulate in that area because states cannot pass laws affecting interstate commerce. 
E)  not regulate in that area, because the federal government's decision to not regulate in an area implies that there is to be no regulation in that area at any level.

Question 16

The first twenty (20)amendments to the United States Constitution are commonly referred to as the Bill of Rights.

Accepted Answer

A) True 
 B)False

Question 17

The executive branch can enter into treaties with foreign governments without the "advice and consent" of the United States Senate.

Accepted Answer

A) True 
 B)False

Question 18

Our country's form of government is referred to as federalism.

Accepted Answer

A) True 
 B)False

Question 19

Congress has the authority to regulate an activity that does not itself involve interstate commerce if the activity does have an effect on interstate commerce.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following was not a consideration when deciding that the do-not-call registry is consistent with First Amendment rights?

Accepted Answer

A)  Only commercial speech may be restricted. 
B)  It targets speech which invades the privacy of the home, which is considered a personal sanctuary. 
C)  Consumers have the right to opt out or stay in, so the option is in their hands. 
D)  The callers are often rude and discourteous, so such speech can be interpreted to be a form of obscene speech. 
E)  The do-not-call registry materially furthers the government's interests in combating the danger of abusive telemarketing and preventing the invasion of consumer privacy. 
A)  Only commercial speech may be restricted. 
B)  It targets speech which invades the privacy of the home, which is considered a personal sanctuary. 
C)  Consumers have the right to opt out or stay in, so the option is in their hands. 
D)  The callers are often rude and discourteous, so such speech can be interpreted to be a form of obscene speech. 
E)  The do-not-call registry materially furthers the government's interests in combating the danger of abusive telemarketing and preventing the invasion of consumer privacy.

Exam 2: Constitutional Law for Business and E-Commerce

Political speech is an example of fully protected speech.

If the federal government has chosen not to regulate an area of interstate commerce that it has the power to regulate under its Commerce Clause powers,this area of commerce is subject to what is referred to as the Dormant Commerce Clause.

In order to enter into a treaty with a foreign nation,the executive branch needs:

Treaties entered into by the federal government with Native American Nations became void when the specific territory became a state and the treaty had to be renegotiated due to the land governance.

When used in reference to the United States Constitution,the term "checks and balances" means that:

Article III of the United States Constitution establishes the judicial branch of government.

If a federal statute does not expressly provide for exclusive jurisdiction,state and local governments have ________ jurisdiction to regulate an area or activity.

The U.S.Supreme Court has ruled that the Internet must be given the highest possible level of First Amendment free-speech protection.

The Bill of Rights is another name for:

Freedom of religion under the U.S.Constitution:

The Articles of Confederation did not provide the United States Congress with the power to regulate interstate commerce.

An affirmative action program that gives racial minorities a "plus factor" when considered for public university admission is lawful under the "strict scrutiny" test of equal protection,as long as it does not constitute a quota system.

States retain the power to regulate intrastate business activity and much interstate business activity that occurs within their borders.This is commonly referred to as states' ________ power.

If there is an area of interstate commerce that the federal government has chosen not to regulate,the states can:

The first twenty (20)amendments to the United States Constitution are commonly referred to as the Bill of Rights.

The executive branch can enter into treaties with foreign governments without the "advice and consent" of the United States Senate.

Our country's form of government is referred to as federalism.

Congress has the authority to regulate an activity that does not itself involve interstate commerce if the activity does have an effect on interstate commerce.

Which of the following was not a consideration when deciding that the do-not-call registry is consistent with First Amendment rights?

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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