Question 1

Which of the following is an important state legislative power that works concurrently with many congressional powers?

Accepted Answer

A) Enumerated power 
B) Police power 
C) Independent checks 
D) Taxing power 
A) Enumerated power 
B) Police power 
C) Independent checks 
D) Taxing power

Question 2

Which of the following prevents the federal government from depriving "any person of life,liberty,or property,without due process of law"?

Accepted Answer

A) First Amendment 
B) Fifth Amendment 
C) Fourteenth Amendment 
D) Fifteenth Amendment 
A) First Amendment 
B) Fifth Amendment 
C) Fourteenth Amendment 
D) Fifteenth Amendment

Question 3

In the context of commercial speech,the Supreme Court developed the ________ test,which amounts to intermediate scrutiny.

Accepted Answer

A) means-ends 
B) still-controlling 
C) proximate cause 
D) rational basis 
A) means-ends 
B) still-controlling 
C) proximate cause 
D) rational basis

Question 4

The Commerce Clause has become a federal power with an extensive regulatory reach.This is largely due to judicial decisions regulating:

Accepted Answer

A) the channels of interstate commerce. 
B) and protecting the instrumentalities of interstate commerce. 
C) persons or things in interstate commerce. 
D) activities that substantially affect interstate commerce. 
A) the channels of interstate commerce. 
B) and protecting the instrumentalities of interstate commerce. 
C) persons or things in interstate commerce. 
D) activities that substantially affect interstate commerce.

Question 5

Which of the following has become the Constitution's main "amender" through its many interpretations of constitutional provisions?

Accepted Answer

A) U.S.Supreme Court 
B) Attorney General 
C) Executive branch 
D) Congress 
A) U.S.Supreme Court 
B) Attorney General 
C) Executive branch 
D) Congress

Question 6

The constitutional right of privacy includes various rights that the Supreme Court has declared as fundamental for citizens and families.

Accepted Answer

A) True 
 B)False

Question 7

What is the main purpose of the taxing power?

Accepted Answer

A) To enact healthcare reform law. 
B) To regulate grants to the states. 
C) To regulate interstate commerce. 
D) To raise revenue for the federal government. 
A) To enact healthcare reform law. 
B) To regulate grants to the states. 
C) To regulate interstate commerce. 
D) To raise revenue for the federal government.

Question 8

________ sets forth the procedures for amending the Constitution,which has been amended ________ times.

Accepted Answer

A) Article V;27 
B) Article IV;10 
C) Article II;27 
D) Article III;10 
A) Article V;27 
B) Article IV;10 
C) Article II;27 
D) Article III;10

Question 9

Which of the following is a characteristic of government that vests the executive,legislative,and judicial powers in separate bodies?

Accepted Answer

A) Separation of powers 
B) Federal supremacy 
C) Judicial review 
D) Checks and balances 
A) Separation of powers 
B) Federal supremacy 
C) Judicial review 
D) Checks and balances

Question 10

Which of the following statements about Article I of the Constitution is false?

Accepted Answer

A) Article I establishes a Congress composed of a Senate and a House of Representatives. 
B) Article I gives Congress sole power to legislate at the federal level. 
C) Article I sets out rules for the enactment of legislation. 
D) Article I gives the judicial power of the United States to the Supreme Court and other federal courts later established by Congress. 
A) Article I establishes a Congress composed of a Senate and a House of Representatives. 
B) Article I gives Congress sole power to legislate at the federal level. 
C) Article I sets out rules for the enactment of legislation. 
D) Article I gives the judicial power of the United States to the Supreme Court and other federal courts later established by Congress.

Question 11

Which of the following statements about government action is false?

Accepted Answer

A) The government action requirement forces courts to distinguish between governmental behavior and private behavior. 
B) Private behavior will constitute state action where a government unit is directly responsible for the challenged private behavior because it has coerced such behavior. 
C) Government regulation and government funding have become increasingly more important factors in government action determinations. 
D) Most of the Constitution's individual rights provisions block only the actions of government bodies,federal,state,and local. 
A) The government action requirement forces courts to distinguish between governmental behavior and private behavior. 
B) Private behavior will constitute state action where a government unit is directly responsible for the challenged private behavior because it has coerced such behavior. 
C) Government regulation and government funding have become increasingly more important factors in government action determinations. 
D) Most of the Constitution's individual rights provisions block only the actions of government bodies,federal,state,and local.

Question 12

Which of the following characterizes procedural due process?

Accepted Answer

A) The procedures are clearly set forth in the Constitution. 
B) It entitles one to a fair hearing before action is taken. 
C) It challenges rules that set standards of behavior for organized social life. 
D) It does not require adequate notice to be given before action. 
A) The procedures are clearly set forth in the Constitution. 
B) It entitles one to a fair hearing before action is taken. 
C) It challenges rules that set standards of behavior for organized social life. 
D) It does not require adequate notice to be given before action.

Question 13

Which of the following independent checks blocks only state laws and not federal laws?

Accepted Answer

A) Equal protection 
B) The First Amendment 
C) Federal preemption 
D) Due process 
A) Equal protection 
B) The First Amendment 
C) Federal preemption 
D) Due process

Question 14

Which of the following is not one of the main constitutional bases for the extensive federal social and economic regulation that exists today?

Accepted Answer

A) Congressional power to regulate commerce among the states 
B) Congressional power to lay and collect taxes 
C) Congressional power to coin and borrow money 
D) Congressional power to spend for the general welfare 
A) Congressional power to regulate commerce among the states 
B) Congressional power to lay and collect taxes 
C) Congressional power to coin and borrow money 
D) Congressional power to spend for the general welfare

Question 15

Explain the difference between procedural due process and substantive due process.

Accepted Answer

The traditional conception of due proces

Question 16

Which of the following describes the ability of federal laws to defeat inconsistent state laws in case they conflict?

Accepted Answer

A) Federal supremacy 
B) Separation of powers 
C) Federalism 
D) Checks and balances 
A) Federal supremacy 
B) Separation of powers 
C) Federalism 
D) Checks and balances

Question 17

In the case discussed in the text,Kelo v.City of New London,the plaintiff challenged whether:

Accepted Answer

A) the land-use restriction constituted a taking. 
B) his type of property was subject to the Takings Clause. 
C) he received just compensation for the taking of his property. 
D) the government's taking was for a public use. 
A) the land-use restriction constituted a taking. 
B) his type of property was subject to the Takings Clause. 
C) he received just compensation for the taking of his property. 
D) the government's taking was for a public use.

Question 18

Which of the following is the basic test used to determine "just compensation," as required by the Takings Clause?

Accepted Answer

A) The fair market value of the property at the time of the taking plus any equity the owner has accumulated 
B) The fair market value of the property at the time of purchase 
C) The fair market value of the property at the time of the taking 
D) The original purchase price of the property plus any incidental costs for relocating 
A) The fair market value of the property at the time of the taking plus any equity the owner has accumulated 
B) The fair market value of the property at the time of purchase 
C) The fair market value of the property at the time of the taking 
D) The original purchase price of the property plus any incidental costs for relocating

Question 19

When is a corporation entitled to full First Amendment protection?

Accepted Answer

A) When it engages in artistic speech. 
B) When it works for the public good. 
C) When it aids in promoting federal power. 
D) When it engages in political speech. 
A) When it engages in artistic speech. 
B) When it works for the public good. 
C) When it aids in promoting federal power. 
D) When it engages in political speech.

Question 20

Article V of the Constitution makes the Constitution,laws,and treaties of the United States supreme over state law.

Accepted Answer

A) True 
 B)False

Exam 3: Business and the Constitution

Which of the following is an important state legislative power that works concurrently with many congressional powers?

Which of the following prevents the federal government from depriving "any person of life,liberty,or property,without due process of law"?

In the context of commercial speech,the Supreme Court developed the ________ test,which amounts to intermediate scrutiny.

The Commerce Clause has become a federal power with an extensive regulatory reach.This is largely due to judicial decisions regulating:

Which of the following has become the Constitution's main "amender" through its many interpretations of constitutional provisions?

The constitutional right of privacy includes various rights that the Supreme Court has declared as fundamental for citizens and families.

What is the main purpose of the taxing power?

________ sets forth the procedures for amending the Constitution,which has been amended ________ times.

Which of the following is a characteristic of government that vests the executive,legislative,and judicial powers in separate bodies?

Which of the following statements about Article I of the Constitution is false?

Which of the following statements about government action is false?

Which of the following characterizes procedural due process?

Which of the following independent checks blocks only state laws and not federal laws?

Which of the following is not one of the main constitutional bases for the extensive federal social and economic regulation that exists today?

Explain the difference between procedural due process and substantive due process.

Which of the following describes the ability of federal laws to defeat inconsistent state laws in case they conflict?

In the case discussed in the text,Kelo v.City of New London,the plaintiff challenged whether:

Which of the following is the basic test used to determine "just compensation," as required by the Takings Clause?

When is a corporation entitled to full First Amendment protection?

Article V of the Constitution makes the Constitution,laws,and treaties of the United States supreme over state law.

The Nature of Law

The Resolution of Private Disputes

Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking

Criminal Law and Procedure

Intentional Torts

Negligence and Strict Liability

Intellectual Property and Unfair Competition

Introduction to Contracts

The Agreement: Offer

The Agreement: Acceptance

Consideration

Reality of Consent

Capacity to Contract

Illegality

Writing

Rights of Third Parties

Performance and Remedies

Formation and Terms of Sales Contracts

Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance Law

Introduction to Credit and Secured Transactions

Security Interests in Personal Property

Bankruptcy

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Transfers

The Agency Relationship

Third-Party Relations of the Principal and the Agent

Introduction to Forms of Business and Formation of Partnerships

Operation of Partnerships and Related Forms

Partners Dissociation and Partnerships Dissolution and Winding up

Limited Liability Companies, limited Partnerships, and Limited Liability Limited Partnerships

History and Nature of Corporations

Organization and Financial Structure of Corporations

Management of Corporations

Shareholders Rights and Liabilities

Securities Regulation

Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals

Administrative Law

The Federal Trade Commission Act and Consumer Protection Laws

Antitrust: the Sherman Act

The Clayton Act, the Robinsonpatman Act, and Antitrust Exemptions and Immunities

Employment Law

Environmental Regulation

Filters

sets forth the procedures for amending the Constitution,which has been amended times.