Question 1

The First Amendment does not protect commercial speech as extensively as noncommercial speech.

Accepted Answer

A) True 
 B)False  True

Question 2

When state regulations affect interstate commerce, commerce must always yield to the regulations.

Accepted Answer

A) True 
 B)False  False

Question 3

The Arkansas state legislature enacts a statute that prohibits the advertising of video games "because the games might be harmful to minors." Despite this new statute, the president of Games Marketing, Inc. (GMI), orders GMI marketers to place ads in any media. When a GMI ad appears on HDTV, a local television station, GMI and HDTV are charged with violating the statute. What is the defendants' best defense against a conviction

Accepted Answer

GMI and HDTV cannot be convicted because a state legislature cannot enact a statute that restricts commercial speech (in this problem, marketing video games) to this extent. The First Amendment protects commercial speech. Commercial speech is not as protected as much as noncommercial speech, however, so states can place some restraints on the former. For example, to protect consumers, a state may ban certain kinds of marketing practices, such as deceptive or misleading advertising. Generally, a restriction on commercial speech will be considered valid as long as it (1) seeks to implement a substantial government interest, (2) directly advances that interest, and (3) goes no further than necessary to accomplish the objective. Here, the complete ban on video ads "because the games might be harmful to minors" is too restrictive: it goes too far in attempting to protect minors for an apparently unsubstantiated purpose.

Question 4

Jen operates Jen's Fruits & Vegetables, a small market stocked entirely with produce grown on her adjacent farm. Under what clause of the Constitution can the federal government regulate Jen's activities What is Jen's best argument against federal regulation of her farm and business

Accepted Answer

Under the commerce clause, according to

Question 5

Tori 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

Accepted Answer

A)  impinges on citizens' private activities. 
B)  imposes a substantial burden on interstate commerce. 
C)  imposes a substantial burden on the state. 
D)  promotes the public order, health, safety, morals, or general welfare. 
A)  impinges on citizens' private activities. 
B)  imposes a substantial burden on interstate commerce. 
C)  imposes a substantial burden on the state. 
D)  promotes the public order, health, safety, morals, or general welfare.

Question 6

Serene City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tyler's suit against the city, a court would likely hold the ordinance 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 national 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 national interests.

Question 7

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

Accepted Answer

A)  little protection. 
B)  no protection. 
C)  significant protection. 
D)  total protection. 
A)  little protection. 
B)  no protection. 
C)  significant protection. 
D)  total protection.

Question 8

Oregon, like other states, may regulate private activities to protect or promote the public order, health, safety, and general welfare under its

Accepted Answer

A)  police powers. 
B)  taxing powers. 
C)  spending powers. 
D)  supreme powers. 
A)  police powers. 
B)  taxing powers. 
C)  spending powers. 
D)  supreme powers.

Question 9

The federal government cannot regulate commerce within a state, regardless of the effect of the commerce on other states.

Accepted Answer

A) True 
 B)False

Question 10

A law that restricts a fundamental right violates substantive due process regardless of the type of state interest that the law "promotes."

Accepted Answer

A) True 
 B)False

Question 11

Bailey, the president of Carmichael Commodities Company, claims that certain actions by the federal government and by the state of Delaware infringe on rights guaranteed by the Bill of Rights. All of these rights limit

Accepted Answer

A)  neither Delaware nor the federal government. 
B)  the federal government only. 
C)  Delaware and the federal government. 
D)  Delaware only. 
A)  neither Delaware nor the federal government. 
B)  the federal government only. 
C)  Delaware and the federal government. 
D)  Delaware only.

Question 12

The Bill of Rights protects individuals against types of interference by the states.

Accepted Answer

A) True 
 B)False

Question 13

The state legislature of Iowa enacts a transportation statute that impinges on interstate commerce. This statute will be

Accepted Answer

A)  balanced in terms of Iowa's interest in regulating a certain matter against the burden placed on interstate commerce. 
B)  balanced in terms of the burden on Iowa against the merit and purpose of interstate commerce. 
C)  struck down. 
D)  upheld. 
A)  balanced in terms of Iowa's interest in regulating a certain matter against the burden placed on interstate commerce. 
B)  balanced in terms of the burden on Iowa against the merit and purpose of interstate commerce. 
C)  struck down. 
D)  upheld.

Question 14

Levi, 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 15

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that

Accepted Answer

A)  Congress writes checks and the president balances the budget. 
B)  each branch of government has some power to limit the actions of the other branches. 
C)  each branch of government may exercise the authority of the other branches. 
D)  the president "checks" the courts, which "balance" the laws. 
A)  Congress writes checks and the president balances the budget. 
B)  each branch of government has some power to limit the actions of the other branches. 
C)  each branch of government may exercise the authority of the other branches. 
D)  the president "checks" the courts, which "balance" the laws.

Question 16

Any person can ask for copies of any information on that person contained in federal government files.

Accepted Answer

A) True 
 B)False

Question 17

Orin claims that a Pennsylvania state statute infringes on his "substantive due process" rights. This claim focuses on

Accepted Answer

A)  procedures used to make decisions to take life, liberty, or property. 
B)  the content of the statute. 
C)  the similarity of the treatment of similarly situated individuals. 
D)  the steps to be taken to protect Orin's privacy. 
A)  procedures used to make decisions to take life, liberty, or property. 
B)  the content of the statute. 
C)  the similarity of the treatment of similarly situated individuals. 
D)  the steps to be taken to protect Orin's privacy.

Question 18

The First Amendment requires a complete separation of church and state.

Accepted Answer

A) True 
 B)False

Question 19

Some constitutional protections apply to business entities.

Accepted Answer

A) True 
 B)False

Question 20

The First Amendment protects symbolic speech.

Accepted Answer

A) True 
 B)False

Exam 4: Constitutional Authority to Regulate Business

The First Amendment does not protect commercial speech as extensively as noncommercial speech.

When state regulations affect interstate commerce, commerce must always yield to the regulations.

Jen operates Jen's Fruits & Vegetables, a small market stocked entirely with produce grown on her adjacent farm. Under what clause of the Constitution can the federal government regulate Jen's activities What is Jen's best argument against federal regulation of her farm and business

Tori 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

Serene City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tyler's suit against the city, a court would likely hold the ordinance to be

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

Oregon, like other states, may regulate private activities to protect or promote the public order, health, safety, and general welfare under its

The federal government cannot regulate commerce within a state, regardless of the effect of the commerce on other states.

A law that restricts a fundamental right violates substantive due process regardless of the type of state interest that the law "promotes."

Bailey, the president of Carmichael Commodities Company, claims that certain actions by the federal government and by the state of Delaware infringe on rights guaranteed by the Bill of Rights. All of these rights limit

The Bill of Rights protects individuals against types of interference by the states.

The state legislature of Iowa enacts a transportation statute that impinges on interstate commerce. This statute will be

Levi, 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 Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that

Any person can ask for copies of any information on that person contained in federal government files.

Orin claims that a Pennsylvania state statute infringes on his "substantive due process" rights. This claim focuses on

The First Amendment requires a complete separation of church and state.

Some constitutional protections apply to business entities.

The First Amendment protects symbolic speech.

Business and Its Legal Environment

The Courts and Alternative Dispute Resolution

Ethics and Business Decision Making

Administrative Law

Torts and Product Liability

Criminal Law and Cyber Crime

Intellectual Property and Internet Law

International Law in a Global Economy

Business Organizations

Contract Formation

Contract Performance, Breach, and Remedies

Sales, Leases, and E-Contracts

Creditors Rights and Bankruptcy

Employment, Immigration, and Labor Law

Employment Discrimination

Environmental Law

Antitrust Law and Promoting Compeittion

Investor Protection and Corporate Governance

for Unit One

for Unit Two

for Unit Three

D for Unit Four

E for Unit Five

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