Question 1

The "living-document" view of the Constitution has all of the following characteristics except:

Accepted Answer

A)  strong federal government 
B)  strong president 
C)  various administrative agencies with significant power 
D)  constructionist view of the Bill of Rights. 
A)  strong federal government 
B)  strong president 
C)  various administrative agencies with significant power 
D)  constructionist view of the Bill of Rights. D

Question 2

When the President negotiates a treaty with a foreign country and submits it to the Senate for approval, the president's action is:

Accepted Answer

A)  an express Constitutional amendment. 
B)  an amendment by judicial interpretation. 
C)  an amendment by practice. 
D)  the power of manifest destiny. 
A)  an express Constitutional amendment. 
B)  an amendment by judicial interpretation. 
C)  an amendment by practice. 
D)  the power of manifest destiny. C

Question 3

The Due Process clause now guarantees protection against loss of property rights without a chance to be heard.

Accepted Answer

A) True 
 B)False  True

Question 4

Ex post facto laws can be adopted by either the states or the national government.

Accepted Answer

A) True 
 B)False

Question 5

Many changes have been made to the Constitution by the constitutional method of amending.

Accepted Answer

A) True 
 B)False

Question 6

The Fifth Amendment protects individuals and corporations from unreasonable searches in their homes, and places of business.

Accepted Answer

A) True 
 B)False

Question 7

A hearing before an administrative law judge is considered a quasi-judicial proceeding.

Accepted Answer

A) True 
 B)False

Question 8

Like the Declaration of Independence, the U.S. Constitution refers to our fundamental rights as "unalienable" rights.

Accepted Answer

A) True 
 B)False

Question 9

When we speak of government regulation of business we ordinarily mean state government regulation, not federal government intervention.

Accepted Answer

A) True 
 B)False

Question 10

Under the "bedrock view" of Constitutional interpretation, the purpose of a constitution is to state certain fundamental principles for all time.

Accepted Answer

A) True 
 B)False

Question 11

The privileges and immunities clause means that if a business owner moves from California to Texas, she can engage in the same business.

Accepted Answer

A) True 
 B)False

Question 12

Within the past five years, the U.S Supreme Court has:

Accepted Answer

A)  placed some limitations on the commerce clause. 
B)  increased Congressional authority for all activities that have economic impact. 
C)  given states the ability to override the federal government on interstate commerce issues. 
D)  become more conservative. 
A)  placed some limitations on the commerce clause. 
B)  increased Congressional authority for all activities that have economic impact. 
C)  given states the ability to override the federal government on interstate commerce issues. 
D)  become more conservative.

Question 13

A(n)___________ is the power to adopt laws that protect the general welfare, health, safety, and morals of the people.

Accepted Answer

A)  Ex post facto law 
B)  State's shared power 
C)  Delegated power 
D)  State's police power 
A)  Ex post facto law 
B)  State's shared power 
C)  Delegated power 
D)  State's police power

Question 14

California passed a law prohibiting any transporting of nuclear waste in the state unless the company doing so is a resident or is owned by residents of California. What constitutional issues does this law raise?

Accepted Answer

Regulation of the production of nuclear

Question 15

Some of the powers delegated to the national government may be exercised by the states.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following statements regarding the commerce clause is FALSE?

Accepted Answer

A)  If the federal government establishes safety device regulations for interstate carriers, a state cannot require different devices. 
B)  States may not use their tax power for the purpose of discriminating against interstate commerce. 
C)  The commerce clause empowers Congress to regulate interstate commerce, but not commerce with foreign nations. 
D)  A state cannot refuse to allow an interstate waste collector to conduct business within the state on the grounds that the state already has enough waste collectors. 
A)  If the federal government establishes safety device regulations for interstate carriers, a state cannot require different devices. 
B)  States may not use their tax power for the purpose of discriminating against interstate commerce. 
C)  The commerce clause empowers Congress to regulate interstate commerce, but not commerce with foreign nations. 
D)  A state cannot refuse to allow an interstate waste collector to conduct business within the state on the grounds that the state already has enough waste collectors.

Question 17

The Constitution prohibits the government from treating different people differently.

Accepted Answer

A) True 
 B)False

Question 18

"Preemption" means that the federal regulatory scheme is controlling.

Accepted Answer

A) True 
 B)False

Question 19

Government restrictions on the form, content, and placement of commercial speech on are rarely found constitutional.

Accepted Answer

A) True 
 B)False

Question 20

The greatest changes to the Constitution have been made by United States Supreme Court decisions.

Accepted Answer

A) True 
 B)False

Exam 4: The Constitution As the Foundation of the Legal Environment

The "living-document" view of the Constitution has all of the following characteristics except:

When the President negotiates a treaty with a foreign country and submits it to the Senate for approval, the president's action is:

The Due Process clause now guarantees protection against loss of property rights without a chance to be heard.

Ex post facto laws can be adopted by either the states or the national government.

Many changes have been made to the Constitution by the constitutional method of amending.

The Fifth Amendment protects individuals and corporations from unreasonable searches in their homes, and places of business.

A hearing before an administrative law judge is considered a quasi-judicial proceeding.

Like the Declaration of Independence, the U.S. Constitution refers to our fundamental rights as "unalienable" rights.

When we speak of government regulation of business we ordinarily mean state government regulation, not federal government intervention.

Under the "bedrock view" of Constitutional interpretation, the purpose of a constitution is to state certain fundamental principles for all time.

The privileges and immunities clause means that if a business owner moves from California to Texas, she can engage in the same business.

Within the past five years, the U.S Supreme Court has:

A(n)___________ is the power to adopt laws that protect the general welfare, health, safety, and morals of the people.

California passed a law prohibiting any transporting of nuclear waste in the state unless the company doing so is a resident or is owned by residents of California. What constitutional issues does this law raise?

Some of the powers delegated to the national government may be exercised by the states.

Which of the following statements regarding the commerce clause is FALSE?

The Constitution prohibits the government from treating different people differently.

"Preemption" means that the federal regulatory scheme is controlling.

Government restrictions on the form, content, and placement of commercial speech on are rarely found constitutional.

The greatest changes to the Constitution have been made by United States Supreme Court decisions.

The Nature and Sources of Law

The Court System and Dispute Resolution

Business Ethics, Social Forces, and the Law

Government Regulation of Competition and Prices

Administrative Agencies

Crimes

Torts

Intellectual Property Rights and the Internet

The Legal Environment of International Trade

Nature and Classes of Contracts: Contracting on the Internet

Formation of Contracts: Offer and Acceptance

Capacity and Genuine Assent

Consideration

Legality and Public Policy

Writing, Electronic Forms, and Interpretation of Contracts

Third Persons and Contracts

Discharge of Contracts

Breach of Contract and Remedies

Personal Property and Bailments

Legal Aspects of Supply Chain Management

Nature and Form of Sales

Title and Risk of Loss

Product Liability: Warranties and Torts

Obligations and Performance

Remedies for Breach of Sales Contracts

Kinds of Negotiable Instruments and Negotiability

Transfers of Negotiable Instruments and Warranties of Parties

Liability of the Parties Under Negotiable Instruments

Checks and Funds Transfers

Nature of the Debtor Creditor Relationship

Consumer Protection

Secured Transactions in Personal Property

Bankruptcy

Insurance

Agency

Third Persons in Agency

Regulation of Employment

Equal Employment Opportunity Law

Types of Business Organizations

Partnerships

LPs, LLCs, and LLPs

Corporate Formation

Shareholder Rights in Corporations

Securities Regulation

Accountants Liability and Malpractice

Management of Corporations

Real Property

Environmental Law and Land Use Controls

Leases

Decedents Estates and Trusts

Filters