Question 1

The Supremacy Clause:

Accepted Answer

A) controls whether Congress or the states have the authority to regulate commerce. 
B) gives Congress full authority to regulate all areas of commerce. 
C) is never applied in state regulation cases. 
D) None of the above 
A) controls whether Congress or the states have the authority to regulate commerce. 
B) gives Congress full authority to regulate all areas of commerce. 
C) is never applied in state regulation cases. 
D) None of the above

Question 2

Which of the following sections of the U.S. Constitution establishes the judicial branch of government?

Accepted Answer

A) Article I 
B) Article II 
C) Article III 
D) None of the above 
A) Article I 
B) Article II 
C) Article III 
D) None of the above

Question 3

Son-of-Sam laws:

Accepted Answer

A) deal with political contributions by corporations. 
B) provide for taxation differences on interstate vs. intrastate commerce. 
C) prevent perpetrators from profiting from their crimes. 
D) None of the above 
A) deal with political contributions by corporations. 
B) provide for taxation differences on interstate vs. intrastate commerce. 
C) prevent perpetrators from profiting from their crimes. 
D) None of the above

Question 4

Just compensation for eminent domain follows a precise mathematical formula that seldom varies.

Accepted Answer

A) True 
 B)False

Question 5

The Supremacy Clause is found in the Sixth Amendment.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following is 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 7

The Bipartisan Campaign Reform Act:

Accepted Answer

A) regulates soft money use. 
B) regulates PACs. 
C) outlawed think tanks. 
D) None of the above 
A) regulates soft money use. 
B) regulates PACs. 
C) outlawed think tanks. 
D) None of the above

Question 8

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 9

The police power of the states:

Accepted Answer

A) has no federal limitations. 
B) can extend to interstate business. 
C) has been severely curtailed in recent years. 
D) None of the above 
A) has no federal limitations. 
B) can extend to interstate business. 
C) has been severely curtailed in recent years. 
D) None of the above

Question 10

Which of the following cases limited congressional authority under the Commerce Clause?

Accepted Answer

A) National Federation of Independent Business v. Sebelius 
B) NLRB v. Laughlin Steel 
C) Chamber of Commerce v. Whiting 
D) Granholm v. Heald 
A) National Federation of Independent Business v. Sebelius 
B) NLRB v. Laughlin Steel 
C) Chamber of Commerce v. Whiting 
D) Granholm v. Heald

Question 11

Article III of the U.S. Constitution establishes the judicial branch of government.

Accepted Answer

A) True 
 B)False

Question 12

A state can tax only those corporations that have their home offices in or are incorporated in that state.

Accepted Answer

A) True 
 B)False

Question 13

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 14

For a state to tax a business, the state must establish a ___ between the state and the business being taxed.

Accepted Answer

A) lexus 
B) nexus 
C) hybrid 
D) None of these 
A) lexus 
B) nexus 
C) hybrid 
D) None of these

Question 15

A federal law that controlled all states' divorce laws because of the economic impact of divorce would be constitutional.

Accepted Answer

A) True 
 B)False

Question 16

Congress passed a law permitting those who were the victims of hate crimes to bring suit in federal district court to recover from the perpetrators of the hate crimes. Such a statute:

Accepted Answer

A) is a legitimate exercise of Congressional authority. 
B) is an unconstitutional expansion of the Commerce Clause. 
C) is constitutional so long as the state agrees. 
D) is constitutional so long as there is an economic impact of hate speech. 
E) None of the above 
A) is a legitimate exercise of Congressional authority. 
B) is an unconstitutional expansion of the Commerce Clause. 
C) is constitutional so long as the state agrees. 
D) is constitutional so long as there is an economic impact of hate speech. 
E) None of the above

Question 17

The state of Montana, in response to "outsiders" controlling ranch properties, has passed a statute that requires 6 months of residency before an individual can purchase 40 or more acres of land. The statute is:

Accepted Answer

A) a legitimate exercise of state powers. 
B) an unconstitutional burden on interstate commerce. 
C) constitutional because the statute applies only to intrastate lands. 
D) constitutional because all buyers must be residents. 
A) a legitimate exercise of state powers. 
B) an unconstitutional burden on interstate commerce. 
C) constitutional because the statute applies only to intrastate lands. 
D) constitutional because all buyers must be residents.

Question 18

State regulation of commerce is controlled by both the commerce and supremacy clauses.

Accepted Answer

A) True 
 B)False

Question 19

Bailey's Brake Service, a bit of an eyesore at a main intersection near the faltering downtown area of Mesa, Arizona, was a family-founded, owned and operated business that had been open in its existing location since 1970. Lenhardt's True Value Hardware store was also a longstanding Mesa business with a location south and east of Bailey's and a desire for a better location as well as a professed desire to revitalize Mesa's downtown area. The Lenhardts had purchased the property abutting Bailey's but felt that the street-facing Bailey's property was necessary for its location, location, location. The city fathers and mothers were in favor of condemnation of the Bailey use, a taking by eminent domain, followed by a "reissuing" of the once Bailey property to Lenhardt's for its construction of a new and much less eyesoreish retail establishment on the site: Randy Bailey challenged the taking of his business as unconstitutional. Discuss the issues in his case and challenge to the city's taking by eminent domain.

Accepted Answer

Students should apply the doctrine of Ke

Question 20

Which areas of commercial speech are fully and constitutionally regulated?

Accepted Answer

A) Political donation 
B) Corporate campaigns on issues with referenda 
C) Speech on social issues 
D) All of the above are fully and constitutionally regulated. 
A) Political donation 
B) Corporate campaigns on issues with referenda 
C) Speech on social issues 
D) All of the above are fully and constitutionally regulated.

The Supremacy Clause:

Which of the following sections of the U.S. Constitution establishes the judicial branch of government?

Son-of-Sam laws:

Just compensation for eminent domain follows a precise mathematical formula that seldom varies.

The Supremacy Clause is found in the Sixth Amendment.

Which of the following is not a right protected in the Bill of Rights?

The Bipartisan Campaign Reform Act:

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

The police power of the states:

Which of the following cases limited congressional authority under the Commerce Clause?

Article III of the U.S. Constitution establishes the judicial branch of government.

A state can tax only those corporations that have their home offices in or are incorporated in that state.

For a state to tax a business, the state must establish a ___ between the state and the business being taxed.

A federal law that controlled all states' divorce laws because of the economic impact of divorce would be constitutional.

Congress passed a law permitting those who were the victims of hate crimes to bring suit in federal district court to recover from the perpetrators of the hate crimes. Such a statute:

The state of Montana, in response to "outsiders" controlling ranch properties, has passed a statute that requires 6 months of residency before an individual can purchase 40 or more acres of land. The statute is:

State regulation of commerce is controlled by both the commerce and supremacy clauses.

Which areas of commercial speech are fully and constitutionally regulated?

Introduction to Law

Business Ethics and Social Responsibility

The Court System and Dispute Resolution

Administrative Law

International Law

Business Crime

Business Torts

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance, Remedies, and Rights

Business Marketing and Products: Ads and Product Safety

Business Competition: Antitrust Law

Business and Intellectual Property Law

Agency Law

Governance and Structure: the Law of Business Associations

Governance and Regulation: Securities Law

Business and Employees: Employment Regulation

Business and Employees: Employment Discrimination

Filters

Exam 4: Business and the Constitution

The Supremacy Clause:

Which of the following sections of the U.S. Constitution establishes the judicial branch of government?

Son-of-Sam laws:

Just compensation for eminent domain follows a precise mathematical formula that seldom varies.

The Supremacy Clause is found in the Sixth Amendment.

Which of the following is not a right protected in the Bill of Rights?

The Bipartisan Campaign Reform Act:

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

The police power of the states:

Which of the following cases limited congressional authority under the Commerce Clause?

Article III of the U.S. Constitution establishes the judicial branch of government.

A state can tax only those corporations that have their home offices in or are incorporated in that state.

For a state to tax a business, the state must establish a ___ between the state and the business being taxed.

A federal law that controlled all states' divorce laws because of the economic impact of divorce would be constitutional.

Congress passed a law permitting those who were the victims of hate crimes to bring suit in federal district court to recover from the perpetrators of the hate crimes. Such a statute:

The state of Montana, in response to "outsiders" controlling ranch properties, has passed a statute that requires 6 months of residency before an individual can purchase 40 or more acres of land. The statute is:

State regulation of commerce is controlled by both the commerce and supremacy clauses.

Which areas of commercial speech are fully and constitutionally regulated?

Introduction to Law

Business Ethics and Social Responsibility

The Court System and Dispute Resolution

Administrative Law

International Law

Business Crime

Business Torts

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance, Remedies, and Rights

Business Marketing and Products: Ads and Product Safety

Business Competition: Antitrust Law

Business and Intellectual Property Law

Agency Law

Governance and Structure: the Law of Business Associations

Governance and Regulation: Securities Law

Business and Employees: Employment Regulation

Business and Employees: Employment Discrimination

Filters