Question 1

Which case ruled that when acting as a private person even the president of the United States is not above the law?

Accepted Answer

A) Citizen's United 
B) Nixon v.Administrator of General Services 
C) Clinton v.Jones 
D) Altria Group 
A) Citizen's United 
B) Nixon v.Administrator of General Services 
C) Clinton v.Jones 
D) Altria Group

Question 2

Which of the following is not a relevant issue examined in a preemption issue?

Accepted Answer

A) legislative history 
B) level of detail in the federal regulation 
C) benefits of federal regulation 
D) degree of conflict 
E) All of the above are relevant issues. 
A) legislative history 
B) level of detail in the federal regulation 
C) benefits of federal regulation 
D) degree of conflict 
E) All of the above are relevant issues.

Question 3

The state of Montana has passed a law that requires all commercial trucks on the roads in the state to have a certain type of side mirrors on their cabs and trailers.The types of mirrors required are only sold in Montana,so trucks would have to order them from Montana and install them before driving in Montana or stop at the borders of Montana and have them installed.The Montana law:

Accepted Answer

A) is constitutional because the law applies to both in-state and out-of-state trucks. 
B) ​is constitutional because it is related to safety in the state. 
C) is unconstitutional because of the restrictions on where the mirrors can be purchased. 
D) is unconstitutional because states cannot regulate out-of-state trucks. 
A) is constitutional because the law applies to both in-state and out-of-state trucks. 
B) ​is constitutional because it is related to safety in the state. 
C) is unconstitutional because of the restrictions on where the mirrors can be purchased. 
D) is unconstitutional because states cannot regulate out-of-state trucks.

Question 4

Police power is:

Accepted Answer

A) the states' authority to bypass the Fifth Amendment. 
B) the states' authority to conduct searches under the Fourth Amendment. 
C) government agencies' authority to conduct a search of private property at any time. 
D) the states' power to pass laws to promote public welfare and health and safety . 
A) the states' authority to bypass the Fifth Amendment. 
B) the states' authority to conduct searches under the Fourth Amendment. 
C) government agencies' authority to conduct a search of private property at any time. 
D) the states' power to pass laws to promote public welfare and health and safety .

Question 5

The Affordable Health Care Act (Obamacare)was:​

Accepted Answer

A) ​declared unconstitutional and struck down. 
B) ​upheld as a valid exercise of congressional authority under the Commerce Clause. 
C) not yet heard as a case by the U.S.Supreme Court. 
D) none of the above 
A) ​declared unconstitutional and struck down. 
B) ​upheld as a valid exercise of congressional authority under the Commerce Clause. 
C) not yet heard as a case by the U.S.Supreme Court. 
D) none of the above

Question 6

The U.S.Supreme Court has prohibited regulation of advertising by professionals.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following qualifies as a presence in a state for purposes of collecting sales tax from an Internet merchant?

Accepted Answer

A) having an office in the state 
B) having an employee who works in the state 
C) owning or leasing property in the state 
D) All of the above constitute a qualifying presence. 
A) having an office in the state 
B) having an employee who works in the state 
C) owning or leasing property in the state 
D) All of the above constitute a qualifying presence.

Question 8

What authority would the state of Arizona claim for passing a mandatory seat belt law requiring anyone traveling in Arizona to put on his/her seat belt?

Accepted Answer

A) preemption clause 
B) police power 
C) the nexus power 
D) none of the above 
A) preemption clause 
B) police power 
C) the nexus power 
D) none of the above

Question 9

Spiegel,Inc.,has a catalog merchandise return facility in Nevada.Spiegel employs many phone operators for processing return requests,and merchandise is returned to the facility and stored there for later dispatch.The state of Nevada has proposed taxing Spiegel's full inventory based on the theory that it could have passed through the Nevada facility.Spiegel's main warehouse is in Chicago,Illinois.Nevada:

Accepted Answer

A) has the power to tax Spiegel's full inventory because of its location in the state. 
B) has the power to tax Spiegel so long as all merchants in Nevada are taxed the same way. 
C) has properly apportioned its tax since it only applies to inventory and not income. 
D) does not have the authority under the U.S.Constitution to tax Spiegel's full inventory. 
A) has the power to tax Spiegel's full inventory because of its location in the state. 
B) has the power to tax Spiegel so long as all merchants in Nevada are taxed the same way. 
C) has properly apportioned its tax since it only applies to inventory and not income. 
D) does not have the authority under the U.S.Constitution to tax Spiegel's full inventory.

Question 10

State and local governments can exercise eminent domain under the Kelo decision:

Accepted Answer

A) only when there is a clear public purpose use proposed for the land being taken. 
B) if there is a plan for economic development or revitalization. 
C) only if the land will be used by another public entity. 
D) both a and c 
A) only when there is a clear public purpose use proposed for the land being taken. 
B) if there is a plan for economic development or revitalization. 
C) only if the land will be used by another public entity. 
D) both a and c

Question 11

Doug Bradford owned a restaurant and an adjoining parking lot.The city of Medford has been working on a project to prevent flooding in the area of Doug's restaurant.The city wants to use a portion of Doug's parking lot as part of its water diversion project.Doug says that he would rather cope with the flooding than lose the 10 parking spaces the city's diversion project would use.Which of the following is correct?​

Accepted Answer

A) ​The city cannot take land from a private citizen when the citizen opposes the use the city proposes. 
B) ​The city cannot take land for water diversion projects. 
C) Doug is entitled to a hearing on the issue of the taking for the diversion project. 
D) Doug is entitled to an additional 10 parking spaces that the city will need to find for him. 
A) ​The city cannot take land from a private citizen when the citizen opposes the use the city proposes. 
B) ​The city cannot take land for water diversion projects. 
C) Doug is entitled to a hearing on the issue of the taking for the diversion project. 
D) Doug is entitled to an additional 10 parking spaces that the city will need to find for him.

Question 12

The state of Arizona has just passed a mandatory seat belt law that will require anyone traveling in Arizona to put on his/her seat belt.Several travelers from other states that do not have such seat belt laws have brought suit challenging the constitutionality of the Arizona law as an undue burden on interstate commerce.What test will the court apply in reviewing the statute?

Accepted Answer

A) the apportionment test 
B) the impairment test 
C) the balancing test 
D) none of the above 
A) the apportionment test 
B) the impairment test 
C) the balancing test 
D) none of the above

Question 13

Which of the following is currently the test for determining whether conduct is or is not interstate commerce?

Accepted Answer

A) direct and immediate effect test 
B) affectation doctrine 
C) regulation of goods and not businesses 
D) none of the above 
A) direct and immediate effect test 
B) affectation doctrine 
C) regulation of goods and not businesses 
D) none of the above

Question 14

Contributions to PACs are protected by:

Accepted Answer

A) the due process clause. 
B) the First Amendment. 
C) various state laws, but not protected at the federal level. 
D) none of the above 
A) the due process clause. 
B) the First Amendment. 
C) various state laws, but not protected at the federal level. 
D) none of the above

Question 15

To be constitutional,federal statutes regulating commerce within a state must involve some economic activity.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following is $\underline{\text{not}}$ a requirement for a valid state tax?

Accepted Answer

A) Tax cannot discriminate against interstate business. 
B) Tax cannot apply to businesses in interstate commerce. 
C) There must be a sufficient nexus between the state and the business being taxed. 
D) none of the above 
A) Tax cannot discriminate against interstate business. 
B) Tax cannot apply to businesses in interstate commerce. 
C) There must be a sufficient nexus between the state and the business being taxed. 
D) none of the above

Question 17

Advertising by lawyers:

Accepted Answer

A) can be prohibited in the interest of protecting the public. 
B) enjoys no First Amendment protections. 
C) can be regulated but not prohibited. 
D) none of the above. 
A) can be prohibited in the interest of protecting the public. 
B) enjoys no First Amendment protections. 
C) can be regulated but not prohibited. 
D) none of the above.

Question 18

The Bipartisan Campaign Reform Act is more commonly referred to as the _____ law.

Accepted Answer

A) Violence Against Women 
B) McCain-Feingold 
C) PAC Pre-emption 
D) Rainbow Coalition 
A) Violence Against Women 
B) McCain-Feingold 
C) PAC Pre-emption 
D) Rainbow Coalition

Question 19

Federal regulation of the Internet is unconstitutional under the Commerce Clause.

Accepted Answer

A) True 
 B)False

Question 20

The Internet Tax Freedom Act of 1998 prohibits sales tax on Internet transactions.

Accepted Answer

A) True 
 B)False

Which case ruled that when acting as a private person even the president of the United States is not above the law?

Which of the following is not a relevant issue examined in a preemption issue?

Police power is:

The Affordable Health Care Act (Obamacare)was:

The U.S.Supreme Court has prohibited regulation of advertising by professionals.

Which of the following qualifies as a presence in a state for purposes of collecting sales tax from an Internet merchant?

What authority would the state of Arizona claim for passing a mandatory seat belt law requiring anyone traveling in Arizona to put on his/her seat belt?

State and local governments can exercise eminent domain under the Kelo decision:

Which of the following is currently the test for determining whether conduct is or is not interstate commerce?

Contributions to PACs are protected by:

To be constitutional,federal statutes regulating commerce within a state must involve some economic activity.

Which of the following is $\underline{\text{not}}$ a requirement for a valid state tax?

Advertising by lawyers:

The Bipartisan Campaign Reform Act is more commonly referred to as the _____ law.

Federal regulation of the Internet is unconstitutional under the Commerce Clause.

The Internet Tax Freedom Act of 1998 prohibits sales tax on Internet transactions.

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Administrative Law

International Law

Business Crime

Business Torts

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance,Remedies,and Collection

Product Advertising and Liability

Business Competition: Antitrust

Business and Intellectual Property Law

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management of Employee Welfare

Management: Employment Discrimination

Filters

Exam 5: Business and the Constitution

Which case ruled that when acting as a private person even the president of the United States is not above the law?

Which of the following is not a relevant issue examined in a preemption issue?

Police power is:

The Affordable Health Care Act (Obamacare)was:​

The U.S.Supreme Court has prohibited regulation of advertising by professionals.

Which of the following qualifies as a presence in a state for purposes of collecting sales tax from an Internet merchant?

What authority would the state of Arizona claim for passing a mandatory seat belt law requiring anyone traveling in Arizona to put on his/her seat belt?

State and local governments can exercise eminent domain under the Kelo decision:

Which of the following is currently the test for determining whether conduct is or is not interstate commerce?

Contributions to PACs are protected by:

To be constitutional,federal statutes regulating commerce within a state must involve some economic activity.

Which of the following is not‾\underline{\text{not}}not​ a requirement for a valid state tax?

Advertising by lawyers:

The Bipartisan Campaign Reform Act is more commonly referred to as the _____ law.

Federal regulation of the Internet is unconstitutional under the Commerce Clause.

The Internet Tax Freedom Act of 1998 prohibits sales tax on Internet transactions.

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Administrative Law

International Law

Business Crime

Business Torts

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance,Remedies,and Collection

Product Advertising and Liability

Business Competition: Antitrust

Business and Intellectual Property Law

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management of Employee Welfare

Management: Employment Discrimination

Filters

The Affordable Health Care Act (Obamacare)was:

Which of the following is $\underline{\text{not}}$ a requirement for a valid state tax?