Question 1

The constitutional protection extended to commercial speech is based on the informational function of advertising.

Accepted Answer

A) True 
 B)False  True

Question 2

Most forms of speech are protected by the strict or exacting scrutiny standard.

Accepted Answer

A) True 
 B)False  True

Question 3

The __________ case involved the issue of the validity of a government restriction on commercial speech under the First Amendment.

Accepted Answer

A)  Williamson v. Mazda Motor of America, Inc. 
B)  Thompson v. Western States Medical Center 
C)  First National Bank v. Bellotti 
D)  Austin v. Michigan Chamber of Commerce 
A)  Williamson v. Mazda Motor of America, Inc. 
B)  Thompson v. Western States Medical Center 
C)  First National Bank v. Bellotti 
D)  Austin v. Michigan Chamber of Commerce B

Question 4

The First Amendment allows free speech in any and all circumstances.

Accepted Answer

A) True 
 B)False

Question 5

The Contract Clause of the Constitution prevents states from retroactively modifying public charters and private contracts.

Accepted Answer

A) True 
 B)False

Question 6

In the Brentwood Academy v.Tennessee Secondary School Athletic Association case, the U.S.Supreme Court held that:

Accepted Answer

A)  state action may be found only if there is such a close nexus between the state and the challenged action that seemingly private behavior may be fairly treated as that of the state itself. 
B)  as an express conclusion of law, public school officials do not necessarily act within the scope of their duties when they represent their institutions. 
C)  as an express conclusion of law, public school officials act within the scope of their duties when they represent their institutions. 
D)  the Association had a majority of private school memberships which prevented the action of the Association from being considered state action. 
A)  state action may be found only if there is such a close nexus between the state and the challenged action that seemingly private behavior may be fairly treated as that of the state itself. 
B)  as an express conclusion of law, public school officials do not necessarily act within the scope of their duties when they represent their institutions. 
C)  as an express conclusion of law, public school officials act within the scope of their duties when they represent their institutions. 
D)  the Association had a majority of private school memberships which prevented the action of the Association from being considered state action.

Question 7

Because defamation involves a communication, the protection of the __________ Amendment applies.

Accepted Answer

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

Question 8

The U.S.Constitution provides that Congress has the power to regulate commerce with other nations and among the states.The Commerce Clause has what effect(s)?

Accepted Answer

A)  It provides a broad source of power for the federal government to regulate the economy. 
B)  It restricts state regulations that obstruct or unduly burden interstate commerce. 
C)  Both of these. 
D)  Neither of these. 
A)  It provides a broad source of power for the federal government to regulate the economy. 
B)  It restricts state regulations that obstruct or unduly burden interstate commerce. 
C)  Both of these. 
D)  Neither of these.

Question 9

Generally, the executive branch of government has the power to enforce the law.

Accepted Answer

A) True 
 B)False

Question 10

John is a Haitian who has obtained U.S.citizenship.The state he lives in passes a law that all Haitian-born citizens must submit to AIDS testing.The courts will review this law based on:

Accepted Answer

A)  deferring to the legislature to determine whether such a classification of persons is constitutionally permissible. 
B)  clear and convincing evidence that there is no reasonable basis for the legislation. 
C)  the rational relationship test. 
D)  the strict scrutiny test. 
A)  deferring to the legislature to determine whether such a classification of persons is constitutionally permissible. 
B)  clear and convincing evidence that there is no reasonable basis for the legislation. 
C)  the rational relationship test. 
D)  the strict scrutiny test.

Question 11

The U.S.Constitution vests power in the branches of government that form a "checks and balances" system.Those branches of government include:

Accepted Answer

A)  executive. 
B)  legislative 
C)  judicial. 
D)  All of these. 
A)  executive. 
B)  legislative 
C)  judicial. 
D)  All of these.

Question 12

Which of the following is true of state action?

Accepted Answer

A)  It includes any actions of the federal government, but not actions of state government. 
B)  It includes any actions of the federal or state government, but not actions of local government. 
C)  It includes only certain actions of state governments as set forth in the Constitution. 
D)  Protections that guard against state action may be extended by statute to apply to private activity. 
A)  It includes any actions of the federal government, but not actions of state government. 
B)  It includes any actions of the federal or state government, but not actions of local government. 
C)  It includes only certain actions of state governments as set forth in the Constitution. 
D)  Protections that guard against state action may be extended by statute to apply to private activity.

Question 13

In determining whether a state law unduly burdens interstate commerce, the Court considers:

Accepted Answer

A)  the extent to which the law discriminates against interstate commerce in favor of local concerns. 
B)  only the blanket consideration of whether Congress has already legislated in the affected subject area. 
C)  whether the Constitution specifically allows states to regulate that subject matter. 
D)  only the necessity of the law to the proper functioning of the state. 
A)  the extent to which the law discriminates against interstate commerce in favor of local concerns. 
B)  only the blanket consideration of whether Congress has already legislated in the affected subject area. 
C)  whether the Constitution specifically allows states to regulate that subject matter. 
D)  only the necessity of the law to the proper functioning of the state.

Question 14

When Congress has not intended to displace all state legislation, nonconflicting state legislation is permitted.

Accepted Answer

A) True 
 B)False

Question 15

State action is a term that may include conduct by private parties who perform a public function.

Accepted Answer

A) True 
 B)False

Question 16

Only the __________ Amendment to the Constitution, which abolishes slavery or involuntary servitude, applies to the actions of private individuals.

Accepted Answer

A)  First 
B)  Ninth 
C)  Thirteenth 
D)  Fourteenth 
A)  First 
B)  Ninth 
C)  Thirteenth 
D)  Fourteenth

Question 17

The State of Hawaii enacts a piece of legislation that taxes all airplanes that land in the state.Several airlines challenge the legislation as unconstitutional.What is the likely result of the court case? Explain.

Accepted Answer

The concept of federalism means that the

Question 18

The Bill of Rights was approved by the first Congress to guarantee that the federal government would not abuse its powers.

Accepted Answer

A) True 
 B)False

Question 19

According to the __________ Amendment, "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Accepted Answer

A)  First 
B)  Fourth 
C)  Fifth 
D)  Tenth 
A)  First 
B)  Fourth 
C)  Fifth 
D)  Tenth

Question 20

The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has restricted the powers of the federal government to regulate business.

Accepted Answer

A) True 
 B)False

Exam 4: Constitutional Law

The constitutional protection extended to commercial speech is based on the informational function of advertising.

Most forms of speech are protected by the strict or exacting scrutiny standard.

The __________ case involved the issue of the validity of a government restriction on commercial speech under the First Amendment.

The First Amendment allows free speech in any and all circumstances.

The Contract Clause of the Constitution prevents states from retroactively modifying public charters and private contracts.

In the Brentwood Academy v.Tennessee Secondary School Athletic Association case, the U.S.Supreme Court held that:

Because defamation involves a communication, the protection of the __________ Amendment applies.

The U.S.Constitution provides that Congress has the power to regulate commerce with other nations and among the states.The Commerce Clause has what effect(s)?

Generally, the executive branch of government has the power to enforce the law.

John is a Haitian who has obtained U.S.citizenship.The state he lives in passes a law that all Haitian-born citizens must submit to AIDS testing.The courts will review this law based on:

The U.S.Constitution vests power in the branches of government that form a "checks and balances" system.Those branches of government include:

Which of the following is true of state action?

In determining whether a state law unduly burdens interstate commerce, the Court considers:

When Congress has not intended to displace all state legislation, nonconflicting state legislation is permitted.

State action is a term that may include conduct by private parties who perform a public function.

Only the __________ Amendment to the Constitution, which abolishes slavery or involuntary servitude, applies to the actions of private individuals.

The State of Hawaii enacts a piece of legislation that taxes all airplanes that land in the state.Several airlines challenge the legislation as unconstitutional.What is the likely result of the court case? Explain.

The Bill of Rights was approved by the first Congress to guarantee that the federal government would not abuse its powers.

According to the __________ Amendment, "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has restricted the powers of the federal government to regulate business.

Introduction to Law

Business Ethicspart Ii: the Legal Environment of Business

Civil Dispute Resolution

Administrative Law

Criminal Law

Negligence and Strict Liabilitypart Iii: Contracts

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remediespart Iv: Sales

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remediespart V: Negotiable Instruments

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transferspart Vi: Agency

Relationship of Principal and Agent

Relationship With Third Partiespart Vii: Business Associations

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporationspart Viii: Debtor and Creditor Relations

Secured Transactions and Suretyship

Bankruptcypart Ix: Regulation of Business

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

International Business Lawpart X: Property

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

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