Question 1

What is the result of the "effects on interstate commerce" test?

Accepted Answer

A)  The federal government can regulate all interstate commerce that actually crosses state lines. 
B)  Prior to enacting laws, states are required to identify any effects that the law might have on interstate commerce. 
C)  The federal government can regulate a business activity that takes place within a single state if the activity has an effect on interstate commerce, even though the regulated activity does not itself involve interstate commerce. 
D)  Commercial speech protections apply only to speech that has an effect on interstate commerce. 
E)  The federal government can regulate transportation. 
A)  The federal government can regulate all interstate commerce that actually crosses state lines. 
B)  Prior to enacting laws, states are required to identify any effects that the law might have on interstate commerce. 
C)  The federal government can regulate a business activity that takes place within a single state if the activity has an effect on interstate commerce, even though the regulated activity does not itself involve interstate commerce. 
D)  Commercial speech protections apply only to speech that has an effect on interstate commerce. 
E)  The federal government can regulate transportation.

Question 2

The preemption doctrine prevents states from regulating in any area that the federal government regulates.

Accepted Answer

A) True 
 B)False

Question 3

The United States Supreme Court has applied the ________ doctrine and held that most of the fundamental guarantees contained in the Bill of Rights are applicable to ________ government action.

Accepted Answer

A)  incorporation; federal 
B)  incorporation; state and local 
C)  validation; federal 
D)  validation; state and local 
E)  validation; foreign 
A)  incorporation; federal 
B)  incorporation; state and local 
C)  validation; federal 
D)  validation; state and local 
E)  validation; foreign

Question 4

Which of the following would not be a violation of the freedom of religion protections in the U.S.Constitution?

Accepted Answer

A)  the government enacting a law that prohibits all religions 
B)  the government preventing the practice of unpopular or fringe religions 
C)  the government enacting a law that prohibits mosques or temples 
D)  the government prohibiting religious practitioners from celebrating their major holidays and "high holy" days 
E)  the government allowing a variety of religious symbols to be displayed on government property during the December holiday season 
A)  the government enacting a law that prohibits all religions 
B)  the government preventing the practice of unpopular or fringe religions 
C)  the government enacting a law that prohibits mosques or temples 
D)  the government prohibiting religious practitioners from celebrating their major holidays and "high holy" days 
E)  the government allowing a variety of religious symbols to be displayed on government property during the December holiday season

Question 5

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 ________.

Accepted Answer

A)  Dormant Commerce Clause 
B)  Dormant Supremacy Clause 
C)  Surreptitious Commerce Clause 
D)  Surreptitious Supremacy Clause 
E)  Equitable Commerce Clause 
A)  Dormant Commerce Clause 
B)  Dormant Supremacy Clause 
C)  Surreptitious Commerce Clause 
D)  Surreptitious Supremacy Clause 
E)  Equitable Commerce Clause

Question 6

The substantive due process category of due process requires that government action,ordinances,regulations,and other laws be clear on their face and not overly broad in scope.

Accepted Answer

A) True 
 B)False

Question 7

The Articles of Confederation did not grant the federal government the right to levy and collect taxes.

Accepted Answer

A) True 
 B)False

Question 8

The federal government's requirement that males (upon reaching the age of 18)must register for a military draft but that females do not have to register for the draft has been found constitutional by the United States Supreme Court.

Accepted Answer

A) True 
 B)False

Question 9

Offensive speech is generally considered to be another name for obscene speech.

Accepted Answer

A) True 
 B)False

Question 10

The United States Constitution grants the federal government the power to regulate which of the following types of commerce?

Accepted Answer

A)  commerce with Native American tribes 
B)  foreign commerce 
C)  interstate commerce 
D)  intrastate commerce, even if such commerce has no effect on interstate commerce 
E)  commerce with Native American tribes, foreign commerce, and interstate commerce 
A)  commerce with Native American tribes 
B)  foreign commerce 
C)  interstate commerce 
D)  intrastate commerce, even if such commerce has no effect on interstate commerce 
E)  commerce with Native American tribes, foreign commerce, and interstate commerce

Question 11

According to the United States Supreme Court,in order for a work (e.g.,a movie)to be obscene,the work,taken as a whole,must lack serious literary,artistic,political,or scientific value.

Accepted Answer

A) True 
 B)False

Question 12

Laws broken on Indian land are resolved in the state court of the state within which the land is located.

Accepted Answer

A) True 
 B)False

Question 13

In what year was the U.S.Constitution written?

Accepted Answer

A)  1776 
B)  1782 
C)  1787 
D)  1812 
E)  1865 
A)  1776 
B)  1782 
C)  1787 
D)  1812 
E)  1865

Question 14

The fundamental rights granted in the Constitution and its amendments protecting citizens from intrusive governmental actions apply to natural persons and do not apply to artificial persons such as corporations.

Accepted Answer

A) True 
 B)False

Question 15

The concept of federal law taking precedence over state or local law is commonly called the ________ doctrine.

Accepted Answer

A)  preemption 
B)  circumvention 
C)  supremacy 
D)  assumption 
E)  preeminence 
A)  preemption 
B)  circumvention 
C)  supremacy 
D)  assumption 
E)  preeminence

Question 16

Just compensation paid to citizens due to a seizure of land based on the exercise of eminent domain is a substantive due process matter.

Accepted Answer

A) True 
 B)False

Question 17

There are extensive federal regulations covering airplanes and pilots.Assume that the state of Missouri passes a statute containing numerous requirements,some conflicting with the federal rules,covering the licensing of airplane pilots and the operation of aircraft.A pilot's constitutional challenge to this state statute would most likely succeed on the basis of:

Accepted Answer

A)  the preemption doctrine. 
B)  the Equal Protection Clause. 
C)  substantive due process. 
D)  the state police power. 
E)  the exclusive doctrine. 
A)  the preemption doctrine. 
B)  the Equal Protection Clause. 
C)  substantive due process. 
D)  the state police power. 
E)  the exclusive doctrine.

Question 18

In addition to the Bill of Rights,twenty-seven (27)other amendments have been added to the United States Constitution.

Accepted Answer

A) True 
 B)False

Question 19

The concept of federalism is that the states are more powerful than the central government.

Accepted Answer

A) True 
 B)False

Question 20

Since their creation,the protections in the Bill of Rights have generally been applicable to state and local governments as well as the federal government.

Accepted Answer

A) True 
 B)False

Exam 2: Constitutional Law for Business and E-Commerce

What is the result of the "effects on interstate commerce" test?

The preemption doctrine prevents states from regulating in any area that the federal government regulates.

The United States Supreme Court has applied the ________ doctrine and held that most of the fundamental guarantees contained in the Bill of Rights are applicable to ________ government action.

Which of the following would not be a violation of the freedom of religion protections in the U.S.Constitution?

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 ________.

The substantive due process category of due process requires that government action,ordinances,regulations,and other laws be clear on their face and not overly broad in scope.

The Articles of Confederation did not grant the federal government the right to levy and collect taxes.

The federal government's requirement that males (upon reaching the age of 18)must register for a military draft but that females do not have to register for the draft has been found constitutional by the United States Supreme Court.

Offensive speech is generally considered to be another name for obscene speech.

The United States Constitution grants the federal government the power to regulate which of the following types of commerce?

According to the United States Supreme Court,in order for a work (e.g.,a movie)to be obscene,the work,taken as a whole,must lack serious literary,artistic,political,or scientific value.

Laws broken on Indian land are resolved in the state court of the state within which the land is located.

In what year was the U.S.Constitution written?

The fundamental rights granted in the Constitution and its amendments protecting citizens from intrusive governmental actions apply to natural persons and do not apply to artificial persons such as corporations.

The concept of federal law taking precedence over state or local law is commonly called the ________ doctrine.

Just compensation paid to citizens due to a seizure of land based on the exercise of eminent domain is a substantive due process matter.

In addition to the Bill of Rights,twenty-seven (27)other amendments have been added to the United States Constitution.

The concept of federalism is that the states are more powerful than the central government.

Since their creation,the protections in the Bill of Rights have generally been applicable to state and local governments as well as the federal government.

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

Filters

The United States Supreme Court has applied the doctrine and held that most of the fundamental guarantees contained in the Bill of Rights are applicable to government action.