Question 1

The establishment clause of the U.S. Constitution prohibits the federal government from promoting a religion.

Accepted Answer

A) True 
 B)False  True

Question 2

The Motor Vehicle Insurance Association wants the federal government to spend money to build a new highway. Congress can spend revenues

Accepted Answer

A)  only to carry out Congress's enumerated powers. 
B)  to promote any objective that Congress deems worthwhile. 
C)  without regard to whether the expense violates the Bill of Rights. 
D)  without regard to whether the expense violates the Constitution. 
A)  only to carry out Congress's enumerated powers. 
B)  to promote any objective that Congress deems worthwhile. 
C)  without regard to whether the expense violates the Bill of Rights. 
D)  without regard to whether the expense violates the Constitution. B

Question 3

Reusable Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is

Accepted Answer

A)  discouraged. 
B)  forbidden. 
C)  protected. 
D)  required. 
A)  discouraged. 
B)  forbidden. 
C)  protected. 
D)  required. C

Question 4

The taxing and spending clause of the U.S. Constitution has had a greater impact on business than any other clause in the Constitution.

Accepted Answer

A) True 
 B)False

Question 5

Len, a citizen of Maryland, obtains a federal license to operate a commercial fishing boat in Chesapeake Bay. The Maryland state legislature enacts a law that bans all commercial fishing in the bay. The state law most likely violates

Accepted Answer

A)  no provision in the U.S. Constitution. 
B)  the commerce clause. 
C)  the due process clause. 
D)  the supremacy clause. 
A)  no provision in the U.S. Constitution. 
B)  the commerce clause. 
C)  the due process clause. 
D)  the supremacy clause.

Question 6

The state governments retain all powers not specifically delegated to the federal government.

Accepted Answer

A) True 
 B)False

Question 7

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.

Accepted Answer

A) True 
 B)False

Question 8

Minnesota enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court to be

Accepted Answer

A)  an unconstitutional restriction of speech. 
B)  constitutional under the First Amendment. 
C)  justified by the need to protect individual rights. 
D)  necessary to protect state interests. 
A)  an unconstitutional restriction of speech. 
B)  constitutional under the First Amendment. 
C)  justified by the need to protect individual rights. 
D)  necessary to protect state interests.

Question 9

Under their police powers, states can regulate only public activities, such as political demonstrations.

Accepted Answer

A) True 
 B)False

Question 10

Xtreme Publications, Inc., disseminates obscene materials. This is

Accepted Answer

A)  a crime under numerous state and federal statutes. 
B)  a privilege under Article IV, Section 2. 
C)  a right under the commerce clause. 
D)  a right under the First Amendment. 
A)  a crime under numerous state and federal statutes. 
B)  a privilege under Article IV, Section 2. 
C)  a right under the commerce clause. 
D)  a right under the First Amendment.

Question 11

Jon, a law enforcement official, monitors Kelsey's Internet activities-e-mail and Web site visits-to gain access to her personal financial data and student information. This may violate Kelsey's right to

Accepted Answer

A)  equal protection of the law. 
B)  privacy. 
C)  procedural due process. 
D)  substantive due process. 
A)  equal protection of the law. 
B)  privacy. 
C)  procedural due process. 
D)  substantive due process.

Question 12

A law that has any impact on religion is unconstitutional.

Accepted Answer

A) True 
 B)False

Question 13

A Massachusetts state statute imposes a prison term, without a trial, on all street entertainers who operate in certain areas. A court would likely review this statute under the principles of

Accepted Answer

A)  equal protection. 
B)  free exercise. 
C)  procedural due process. 
D)  substantive due process. 
A)  equal protection. 
B)  free exercise. 
C)  procedural due process. 
D)  substantive due process.

Question 14

Wyoming enacts a statute that limits the liberty of all persons, including corporations, to broadcast "annoying" radio commercials. This may violate

Accepted Answer

A)  equal protection. 
B)  procedural due process. 
C)  substantive due process. 
D)  the right to privacy. 
A)  equal protection. 
B)  procedural due process. 
C)  substantive due process. 
D)  the right to privacy.

Question 15

Procedural due process requires that any government decision to take a person's property must be made fairly.

Accepted Answer

A) True 
 B)False

Question 16

Congress can regulate all commerce in the United States.

Accepted Answer

A) True 
 B)False

Question 17

Tami's Tasty Tacos, a mobile vendor, files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on

Accepted Answer

A)  a local government. 
B)  interstate commerce. 
C)  noneconomic activity. 
D)  the state. 
A)  a local government. 
B)  interstate commerce. 
C)  noneconomic activity. 
D)  the state.

Question 18

The Constitution expressly excludes state regulation of commerce.

Accepted Answer

A) True 
 B)False

Question 19

A law that discriminates based on gender must substantially relate to an important government objective to be valid.

Accepted Answer

A) True 
 B)False

Question 20

Congress enacts a law that sets out a medical-device approval process for the Food and Drug Administration to follow. The law includes a preemption provision. A device that goes through the process injures Joe, who files a claim under state law to recover. The court will most likely rule that

Accepted Answer

A)  Joe's state law claim preempts the federal law. 
B)  the federal law and state law claim are concurrent. 
C)  the federal and state law claim cancel each other out. 
D)  the federal law preempts Joe's state law claim. 
A)  Joe's state law claim preempts the federal law. 
B)  the federal law and state law claim are concurrent. 
C)  the federal and state law claim cancel each other out. 
D)  the federal law preempts Joe's state law claim.

Exam 4: Constitutional Authority to Regulate Business

The establishment clause of the U.S. Constitution prohibits the federal government from promoting a religion.

The Motor Vehicle Insurance Association wants the federal government to spend money to build a new highway. Congress can spend revenues

Reusable Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is

The taxing and spending clause of the U.S. Constitution has had a greater impact on business than any other clause in the Constitution.

Len, a citizen of Maryland, obtains a federal license to operate a commercial fishing boat in Chesapeake Bay. The Maryland state legislature enacts a law that bans all commercial fishing in the bay. The state law most likely violates

The state governments retain all powers not specifically delegated to the federal government.

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.

Minnesota enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court to be

Under their police powers, states can regulate only public activities, such as political demonstrations.

Xtreme Publications, Inc., disseminates obscene materials. This is

Jon, a law enforcement official, monitors Kelsey's Internet activities-e-mail and Web site visits-to gain access to her personal financial data and student information. This may violate Kelsey's right to

A law that has any impact on religion is unconstitutional.

A Massachusetts state statute imposes a prison term, without a trial, on all street entertainers who operate in certain areas. A court would likely review this statute under the principles of

Wyoming enacts a statute that limits the liberty of all persons, including corporations, to broadcast "annoying" radio commercials. This may violate

Procedural due process requires that any government decision to take a person's property must be made fairly.

Congress can regulate all commerce in the United States.

Tami's Tasty Tacos, a mobile vendor, files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on

The Constitution expressly excludes state regulation of commerce.

A law that discriminates based on gender must substantially relate to an important government objective to be valid.

Congress enacts a law that sets out a medical-device approval process for the Food and Drug Administration to follow. The law includes a preemption provision. A device that goes through the process injures Joe, who files a claim under state law to recover. The court will most likely rule that

Introduction to Law and Legal Reasoning

Courts and Alternative Dispute Resolution

Court Procedures

Ethics and Business Decision Making

Intentional Torts and Privacy

Negligence and Strict Liability

Intellectual Property and Internet Law

Criminal Law and Cyber Crime

Nature and Terminology

Agreement in Traditional and E-Contracts

Consideration

Capacity and Legality

Mistakes, Fraud, and Voluntary Consent

The Statute of Frauds

Third Party Rights

Performance and Discharge

Breach of Contract and Remedies

The Formation of Sales and Lease Contracts

Title, Risk, and Insurable Interest

Performance Breach of Sales Lease Contracts

Warranties and Product Liability

International Law in a Global Economy

The Function Creation of Negotiable Instruments

Transferability and Holder in Due Course

Liability, Defenses, and Discharge

Checks and Banking in the Digital Age

Creditors Rights and Remedies

Secured Transactions

Bankruptcy Law

Mortgages Foreclosures After the Recession

Agency Formation and Duties

Agency Liability and Termination

Employment, Immigration, and Labor Law

Employment Discrimination

Sole Proprietorships and Franchises

Partnerships and Limited Liability Partnerships

Limited Liability Companies Special Business Forms

Corporate Formation and Financing

Corporate Directors, Officers, Shareholders

Corporate Merger, Consolidation, Termination

Securities Law Corporate Governance

Law for Small Business

Administrative Law

Consumer Law

Environmental Law

Antitrust Law

Professional Liaility and Accountability

Personal Property and Bailments

Real Property Landlord-Tenant Relationships

Insurance

Wills and Trusts

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