Question 1

The primary source of federal power to regulate business is the:

Accepted Answer

A)  Supremacy Clause. 
B)  Commerce Clause. 
C)  Contract Clause. 
D)  Privilege and Immunities Clause. 
A)  Supremacy Clause. 
B)  Commerce Clause. 
C)  Contract Clause. 
D)  Privilege and Immunities Clause.

Question 2

If the President vetoes a bill and if both the House and Senate re-pass the bill by a two-thirds margin,the bill becomes law.

Accepted Answer

A) True 
 B)False

Question 3

The Takings Clause in the Constitution of the United States prevents the government from taking property for public use without paying a fair price.

Accepted Answer

A) True 
 B)False

Question 4

The power to create laws regulating international commerce is given to Congress and the states concurrently under the U.S Constitution.

Accepted Answer

A) True 
 B)False

Question 5

Separation of powers allows one of the branches of government to become more powerful over the other two.

Accepted Answer

A) True 
 B)False

Question 6

What is judicial review?

Accepted Answer

A)  When a judge reads the jury verdict to the courtroom. 
B)  When an appellate court reverses the results of a trial court 
C)  When a federal court rehears a state case. 
D)  Congress approves the president's appoint of Federal judges 
A)  When a judge reads the jury verdict to the courtroom. 
B)  When an appellate court reverses the results of a trial court 
C)  When a federal court rehears a state case. 
D)  Congress approves the president's appoint of Federal judges

Question 7

The issue of the constitutional protections afforded flag burning was addressed in:

Accepted Answer

A)  Texas v.Johnson. 
B)  United States v.Lopez. 
C)  Marbury v.Madison. 
D)  Palmore v.Sidoti. 
A)  Texas v.Johnson. 
B)  United States v.Lopez. 
C)  Marbury v.Madison. 
D)  Palmore v.Sidoti.

Question 8

How is The Congress organized

Accepted Answer

A)  2 houses the senate and the house of representatives.with dozens of committees under them. 
B)  3 houses the judicial,senate and the house of representatives.with courts and committees under them. 
C)  2 houses with administrative agencies controlled by them 
D)  1 house divided into 2 committees,the senate and the house of representatives. 
A)  2 houses the senate and the house of representatives.with dozens of committees under them. 
B)  3 houses the judicial,senate and the house of representatives.with courts and committees under them. 
C)  2 houses with administrative agencies controlled by them 
D)  1 house divided into 2 committees,the senate and the house of representatives.

Question 9

What powers does the President have?

Accepted Answer

A)  Nominate cabinet heads 
B)  Veto statutes passed by congress 
C)  Negotiate an international treaty 
D)  All of the above 
A)  Nominate cabinet heads 
B)  Veto statutes passed by congress 
C)  Negotiate an international treaty 
D)  All of the above

Question 10

Ikerd was entering the United States from a trip abroad when the Customs Service confiscated some goods she had purchased and brought back with her.The determination of whether the government is attempting to take property and what type of hearing the Customs Service must offer Ikerd,is an analysis of:

Accepted Answer

A)  substantive due process. 
B)  procedural due process. 
C)  the Takings Clause. 
D)  eminent domain. 
A)  substantive due process. 
B)  procedural due process. 
C)  the Takings Clause. 
D)  eminent domain.

Question 11

Tim received a letter from his state college stating he had been expelled from the school.The letter stated his finance professor reported him to the Dean's office for cheating and that a committee had decided to expel him.He was reminded in the letter he had been disciplined earlier that same year for plagiarizing a term paper.Tim believes his due process rights have been violated by the college.Discuss what factors should be considered to determine the validity of Tim's claim.

Accepted Answer

The Constitution's Fifth Amendment addre

Question 12

Generally,constitutional protections do NOT apply to:

Accepted Answer

A)  acts of the federal government. 
B)  acts of state government. 
C)  acts of administrative agencies. 
D)  acts of privately owned businesses. 
A)  acts of the federal government. 
B)  acts of state government. 
C)  acts of administrative agencies. 
D)  acts of privately owned businesses.

Question 13

If there is a conflict between a state and federal law,generally the federal law will prevail because of the:

Accepted Answer

A)  federalism doctrine. 
B)  Supremacy Clause. 
C)  paramount doctrine. 
D)  Interstate Commerce Clause. 
A)  federalism doctrine. 
B)  Supremacy Clause. 
C)  paramount doctrine. 
D)  Interstate Commerce Clause.

Question 14

Assume that in December 2006,the Environmental Protection Agency (EPA)filed an administrative complaint against Marlin Firearms Co.alleging that the company exceeded chromium emissions limits.The EPA proposed a $257,162 fine.Which statement is correct concerning the administrative agency adjudication?

Accepted Answer

A)  A jury decides the matter. 
B)  The Federal Rules of Criminal Procedure govern the admissibility of evidence. 
C)  The losing party has a right to appeal. 
D)  The parties are not represented by attorneys. 
A)  A jury decides the matter. 
B)  The Federal Rules of Criminal Procedure govern the admissibility of evidence. 
C)  The losing party has a right to appeal. 
D)  The parties are not represented by attorneys.

Question 15

Most new law is created by

Accepted Answer

A)  Stare decises 
B)  The Supreme Court 
C)  Statutes 
D)  Committees 
A)  Stare decises 
B)  The Supreme Court 
C)  Statutes 
D)  Committees

Question 16

Federal courts can declare an act of congress unconstitutional and therefore void.

Accepted Answer

A) True 
 B)False

Question 17

The Fourteenth Amendment to the Constitution of the United States is also know as the equal protection Clause

Accepted Answer

A) True 
 B)False

Question 18

The Occupational Safety and Health Administration (OSHA)has proposed rules aimed at reducing repetitive-stress injuries.ATC,Inc.disagrees with the proposed rules.ATC,Inc.should challenge the proposed rules in court to prevent them from becoming final rules.

Accepted Answer

A) True 
 B)False

Question 19

Smalltown,located in a border state,seemed to favor Caucasians over Latinos in their hiring practices.The courts will review the practice using:

Accepted Answer

A)  minimal scrutiny. 
B)  intermediate scrutiny. 
C)  strict scrutiny. 
D)  Supremacy Clause scrutiny. 
A)  minimal scrutiny. 
B)  intermediate scrutiny. 
C)  strict scrutiny. 
D)  Supremacy Clause scrutiny.

Question 20

While at the park,Tasha saw a small child fall into the lake.Tasha did not know the child.Under the common law of most states,Tasha has a legal duty to take reasonable steps to assist the child if Tasha is able to help and such help will not jeopardize Tasha's well being.

Accepted Answer

A) True 
 B)False

Exam 4: Constitutional, Statutory, Administrative, and Common Law

The primary source of federal power to regulate business is the:

If the President vetoes a bill and if both the House and Senate re-pass the bill by a two-thirds margin,the bill becomes law.

The Takings Clause in the Constitution of the United States prevents the government from taking property for public use without paying a fair price.

The power to create laws regulating international commerce is given to Congress and the states concurrently under the U.S Constitution.

Separation of powers allows one of the branches of government to become more powerful over the other two.

What is judicial review?

The issue of the constitutional protections afforded flag burning was addressed in:

How is The Congress organized

What powers does the President have?

Generally,constitutional protections do NOT apply to:

If there is a conflict between a state and federal law,generally the federal law will prevail because of the:

Most new law is created by

Federal courts can declare an act of congress unconstitutional and therefore void.

The Fourteenth Amendment to the Constitution of the United States is also know as the equal protection Clause

The Occupational Safety and Health Administration (OSHA)has proposed rules aimed at reducing repetitive-stress injuries.ATC,Inc.disagrees with the proposed rules.ATC,Inc.should challenge the proposed rules in court to prevent them from becoming final rules.

Smalltown,located in a border state,seemed to favor Caucasians over Latinos in their hiring practices.The courts will review the practice using:

While at the park,Tasha saw a small child fall into the lake.Tasha did not know the child.Under the common law of most states,Tasha has a legal duty to take reasonable steps to assist the child if Tasha is able to help and such help will not jeopardize Tasha's well being.

Introduction to Law

Business Ethics and Social Responsibility

Courts,Litigation and Alterntive Dispute Resolution

Intentional Torts and Business Torts

Negligence and Strict Liability

Crime

International Law

Introduction to Contracts

Contract Impediments

Conclusion to Contracts

Practical Contracts

Introduction to Sales

Negotiable Instruments

Secured Transactions

Bankruptcy

Agency Law

Employment Law

Employment Discrimination

Labor Law

Starting a Business: Llcs and Other Option

Life and Death of a Corporation

Government Regulation: Securities and Antitrust

Accountants' Liability

Consumer Law

Environmental Law

Cyberlaw

Intellectual Property

Real Property and Tenant: Landlord Law

Personal Property and Bailment

Estate Planning

Insurance

Filters