Question 1

The state of Wyoming has just passed a law requiring all cars entering the state to be equipped with side air bags.The Wyoming requirement:

Accepted Answer

A) is constitutional because it does not apply to commerce. 
B) is unconstitutional. 
C) is constitutional so long as Wyoming residents are subject to the same rule. 
D) is constitutional if side airbags are technologically feasible. 
A) is constitutional because it does not apply to commerce. 
B) is unconstitutional. 
C) is constitutional so long as Wyoming residents are subject to the same rule. 
D) is constitutional if side airbags are technologically feasible.

Question 2

Taxes on sales across the Internet will be subject to constitutional protections and constraints.

Accepted Answer

A) True 
 B)False

Question 3

A state law that covers all businesses cannot give in-state businesses an advantage over out-of-state businesses.

Accepted Answer

A) True 
 B)False

Question 4

The rights of land owners in eminent domain are protected by the:

Accepted Answer

A) First Amendment. 
B) Fifth Amendment. 
C) Fourteenth Amendment. 
D) Fourth Amendment. 
A) First Amendment. 
B) Fifth Amendment. 
C) Fourteenth Amendment. 
D) Fourth Amendment.

Question 5

For state regulation of interstate commerce to be constitutional:

Accepted Answer

A) the state's purpose must be to protect the public's health and safety. 
B) the state cannot place an undue burden on interstate commerce. 
C) either a or b 
D) both a and b 
A) the state's purpose must be to protect the public's health and safety. 
B) the state cannot place an undue burden on interstate commerce. 
C) either a or b 
D) both a and b

Question 6

The executive branch of the federal government has no enforcement authority.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is  $\underline{\text{not}}$  a right protected in the Bill of Rights?

Accepted Answer

A) noninterference with contracts 
B) freedom of speech 
C) right to privacy 
D) right to due process 
A) noninterference with contracts 
B) freedom of speech 
C) right to privacy 
D) right to due process

Question 8

A new statute passed by the state of Vermont prohibits the sale of any maple syrup not produced in Vermont anywhere in Vermont.The legislators maintain that the statute is for the health and welfare of Vermont residents because the state of Vermont regulates producers to ensure quality and sanitation standards.The new statute is:

Accepted Answer

A) constitutional as an exercise of the health and safety regulatory powers of the state. 
B) constitutional as a control of intrastate commerce. 
C) constitutional because it applies only to sales in the state. 
D) unconstitutional because of its excessive approach. 
A) constitutional as an exercise of the health and safety regulatory powers of the state. 
B) constitutional as a control of intrastate commerce. 
C) constitutional because it applies only to sales in the state. 
D) unconstitutional because of its excessive approach.

Question 9

Procedural due process rights exist in administrative,civil,and criminal proceedings.

Accepted Answer

A) True 
 B)False

Question 10

Joseph Schlitz was given a prescription by his physician for treatment of a skin condition.After taking the prescription for three days,Joseph developed a severe allergic reaction that caused paralysis in his legs.The pharmaceutical manufacturer was aware of several reactions by patients and had notified the FDA,but the FDA had not yet approved additional warnings that would be placed on the drug.What are Joseph's rights in this situation?​

Accepted Answer

A) ​Joseph can successfully recover from the manufacturer of the drug under his state's product liability laws. 
B) ​Joseph is precluded from any recovery under state product liability laws because of preemption by the FDA's regulations. 
C) Joseph's only avenue of suit is against the FDA. 
D) none of the above 
A) ​Joseph can successfully recover from the manufacturer of the drug under his state's product liability laws. 
B) ​Joseph is precluded from any recovery under state product liability laws because of preemption by the FDA's regulations. 
C) Joseph's only avenue of suit is against the FDA. 
D) none of the above

Question 11

The Fifth Amendment and Fourteenth Amendment are the "due process" amendments.

Accepted Answer

A) True 
 B)False

Question 12

The state of Arizona follows a merit review process of proposed securities offerings.The Securities Division reviews proposed offerings to look for problems with fraud.This review is done in addition to the SEC review at the federal level.The state regulators have recently issued an interpretation that provides the state can stop all stock offerings of any firms doing business in Arizona - even if the stock will not be sold to Arizona residents.Can the regulators constitutionally exercise this power?

Accepted Answer

In Arizona Corporation Commission v.Medi

Question 13

The U.S.Supreme Court has always found interstate commerce is involved regardless of how small the business or its impact.

Accepted Answer

A) True 
 B)False

Question 14

States have authority over international commerce that comes within their borders and can circumvent U.S.treaties.

Accepted Answer

A) True 
 B)False

Question 15

Karen Bartlett was given a generic version of Sulindac,an anti-inflammatory drug.The result was that she developed toxic epidermal necrolysis,a disease that disfigured and blinded her.She brought suit alleging that there were warnings that should have been put on the generic version of the drug because issues with the skin infections were being reported.However,the manufacturer to Sulindac did not have FDA approval to place the warning on the product.The jury awarded Ms.Bartlett $21 million,and the generic manufacturer appealed the decision.Which of the following theories would be the best approach for the generic manufacturer to take in order to have the verdict reversed?

Accepted Answer

A) The Commerce Clause 
B) Preemption 
C) Due process because of the excessive size of the verdict 
D) Substantive due process 
A) The Commerce Clause 
B) Preemption 
C) Due process because of the excessive size of the verdict 
D) Substantive due process

Question 16

Explain why a federal statute that permits federal suits against defendants who have committed crimes against women is unconstitutional while civil rights laws are considered constitutional.

Accepted Answer

The underlying economic distinction is c

Question 17

Jamie has been accused of plagiarizing his sociology term paper from an Internet site.His professor has given him a failing grade and there is no right to a hearing or an appeal.Jamie asks,"What rights do I have?"

Accepted Answer

A) Some form of due process: hearing or vote or right of appeal to an administrator or board. 
B) No rights because Jamie goes to a private school. 
C) No rights because it is the teacher's decision only. 
D) none of the above 
A) Some form of due process: hearing or vote or right of appeal to an administrator or board. 
B) No rights because Jamie goes to a private school. 
C) No rights because it is the teacher's decision only. 
D) none of the above

Question 18

Under the Commerce Clause,the authority to regulate foreign commerce is given to:

Accepted Answer

A) Congress. 
B) the executive branch. 
C) the individual states. 
D) only the Senate. 
A) Congress. 
B) the executive branch. 
C) the individual states. 
D) only the Senate.

Question 19

The State of Louisiana's Sunday closing law provides that "all stores,shops,saloons,and all places of public business,licensed under the law of Louisiana or under any parochial or municipal law,shall be closed on Sunday." The statute had 25 exemptions including drug stores,hotels,restaurants,theaters,the 1984 Exposition,and stores occupying a space of 1,500 square feet or less.Home Depot wishes to challenge the closing law on its constitutionality.What constitutional provisions would apply?

Accepted Answer

The state is using its police power,but

Question 20

Which two amendments to the U.S.Constitution provide for equal protection?

Accepted Answer

A) First and Fourth 
B) Fourth and Fifth 
C) First and Fifth 
D) Fifth and Fourteenth 
A) First and Fourth 
B) Fourth and Fifth 
C) First and Fifth 
D) Fifth and Fourteenth

The state of Wyoming has just passed a law requiring all cars entering the state to be equipped with side air bags.The Wyoming requirement:

Taxes on sales across the Internet will be subject to constitutional protections and constraints.

A state law that covers all businesses cannot give in-state businesses an advantage over out-of-state businesses.

The rights of land owners in eminent domain are protected by the:

For state regulation of interstate commerce to be constitutional:

The executive branch of the federal government has no enforcement authority.

Which of the following is $\underline{\text{not}}$ a right protected in the Bill of Rights?

Procedural due process rights exist in administrative,civil,and criminal proceedings.

The Fifth Amendment and Fourteenth Amendment are the "due process" amendments.

The U.S.Supreme Court has always found interstate commerce is involved regardless of how small the business or its impact.

States have authority over international commerce that comes within their borders and can circumvent U.S.treaties.

Explain why a federal statute that permits federal suits against defendants who have committed crimes against women is unconstitutional while civil rights laws are considered constitutional.

Jamie has been accused of plagiarizing his sociology term paper from an Internet site.His professor has given him a failing grade and there is no right to a hearing or an appeal.Jamie asks,"What rights do I have?"

Under the Commerce Clause,the authority to regulate foreign commerce is given to:

Which two amendments to the U.S.Constitution provide for equal protection?

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

The state of Wyoming has just passed a law requiring all cars entering the state to be equipped with side air bags.The Wyoming requirement:

Taxes on sales across the Internet will be subject to constitutional protections and constraints.

A state law that covers all businesses cannot give in-state businesses an advantage over out-of-state businesses.

The rights of land owners in eminent domain are protected by the:

For state regulation of interstate commerce to be constitutional:

The executive branch of the federal government has no enforcement authority.

Which of the following is not‾\underline{\text{not}}not​ a right protected in the Bill of Rights?

Procedural due process rights exist in administrative,civil,and criminal proceedings.

The Fifth Amendment and Fourteenth Amendment are the "due process" amendments.

The U.S.Supreme Court has always found interstate commerce is involved regardless of how small the business or its impact.

States have authority over international commerce that comes within their borders and can circumvent U.S.treaties.

Explain why a federal statute that permits federal suits against defendants who have committed crimes against women is unconstitutional while civil rights laws are considered constitutional.

Jamie has been accused of plagiarizing his sociology term paper from an Internet site.His professor has given him a failing grade and there is no right to a hearing or an appeal.Jamie asks,"What rights do I have?"

Under the Commerce Clause,the authority to regulate foreign commerce is given to:

Which two amendments to the U.S.Constitution provide for equal protection?

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

Which of the following is $\underline{\text{not}}$ a right protected in the Bill of Rights?