Question 1

Based on the Fourth Amendment, the exclusionary rule allows evidence:

Accepted Answer

A)  to be introduced at trial, no matter how obtained 
B)  that is pertinent to "key issues" to be introduced at trial 
C)  that is gathered by non-government personnel to be excluded at trial 
D)  that would otherwise be classified as "hearsay" to be used at trial 
E)  none of the other choices 
A)  to be introduced at trial, no matter how obtained 
B)  that is pertinent to "key issues" to be introduced at trial 
C)  that is gathered by non-government personnel to be excluded at trial 
D)  that would otherwise be classified as "hearsay" to be used at trial 
E)  none of the other choices

Question 2

Southern Pacific Co. v. Arizona concerned whether Arizona could, for safety considerations, require trains traveling through the state be a shorter length than trains traveling through other states. The Supreme Court justified striking down the Arizona law because:

Accepted Answer

A)  because the law did not concern a legitimate state interest to improve transportation safety 
B)  because Congress had passed legislation dealing with the length of trains 
C)  because the law conflicted with federal standards 
D)  because the law interfered with interstate commerce 
E)  none of the other choices 
A)  because the law did not concern a legitimate state interest to improve transportation safety 
B)  because Congress had passed legislation dealing with the length of trains 
C)  because the law conflicted with federal standards 
D)  because the law interfered with interstate commerce 
E)  none of the other choices

Question 3

In South-Central Timber Development v. Wunnicke, concerning federal and state regulation of Alaska timber processing, the Supreme Court held:

Accepted Answer

A)  Congress may limit interstate commerce however it wishes 
B)  Congress may limit interstate commerce only with approval of the affected states 
C)  Congress may not regulate intrastate commerce, if the effect is "inherently uncompetitive" 
D)  Congress may burden interstate commerce, but states may not unless allowed by Congress 
E)  States may place substantial burdens on interstate commerce so long as it advances a "significant state interest" 
A)  Congress may limit interstate commerce however it wishes 
B)  Congress may limit interstate commerce only with approval of the affected states 
C)  Congress may not regulate intrastate commerce, if the effect is "inherently uncompetitive" 
D)  Congress may burden interstate commerce, but states may not unless allowed by Congress 
E)  States may place substantial burdens on interstate commerce so long as it advances a "significant state interest"

Question 4

If a government rule applies differently to different persons, such as on the basis of age or sex, the equal protection clause of the 14th Amendment may be violated.

Accepted Answer

A) True 
 B)False

Question 5

The Seventh Amendment of the U.S. Constitution:

Accepted Answer

A)  addresses the right of government to seize property 
B)  addresses the right of persons to bear arms 
C)  addresses the right of persons to trial by jury in criminal cases 
D)  addresses the right of persons to engage in business 
E)  none of the other choices are correct 
A)  addresses the right of government to seize property 
B)  addresses the right of persons to bear arms 
C)  addresses the right of persons to trial by jury in criminal cases 
D)  addresses the right of persons to engage in business 
E)  none of the other choices are correct

Question 6

In New York v. Burger, a junkyard owner claimed that a New York statute permitting warrantless searches of junkyards was a violation of the 4th Amendment. The Supreme Court held that the statute was:

Accepted Answer

A)  constitutional because to hold otherwise would leave the Commerce Clause meaningless when regulation is "clearly necessary" 
B)  constitutional because it met the criteria necessary for a warrantless search of a closely regulated business 
C)  an unconstitutional violation of the Fourth Amendment since the police failed to obtain judicial approval for the searches 
D)  an unconstitutional violation of the exclusionary rule 
E)  none of the other choices 
A)  constitutional because to hold otherwise would leave the Commerce Clause meaningless when regulation is "clearly necessary" 
B)  constitutional because it met the criteria necessary for a warrantless search of a closely regulated business 
C)  an unconstitutional violation of the Fourth Amendment since the police failed to obtain judicial approval for the searches 
D)  an unconstitutional violation of the exclusionary rule 
E)  none of the other choices

Question 7

The government seized a large amount of cash (as the "instrumentality" of the crime) being carried out of the country by a couple who failed to report that they were leaving the country with more than $10,000. The Supreme Court held that the seizure of the cash was:

Accepted Answer

A)  an unconstitutional search and seizure 
B)  a constitutional taking based on the "significant interest" of the government 
C)  a constitutional search and seizure 
D)  a constitutional fine, not excessive because of the extent of drug money laundering 
E)  none of the other choices 
A)  an unconstitutional search and seizure 
B)  a constitutional taking based on the "significant interest" of the government 
C)  a constitutional search and seizure 
D)  a constitutional fine, not excessive because of the extent of drug money laundering 
E)  none of the other choices

Question 8

Apportionment is meant to protect a company from:

Accepted Answer

A)  state taxes 
B)  federal taxes 
C)  being taxed on more than 100% of its income 
D)  being taxed on more than 10% of its income 
E)  being taxed by multiple states 
A)  state taxes 
B)  federal taxes 
C)  being taxed on more than 100% of its income 
D)  being taxed on more than 10% of its income 
E)  being taxed by multiple states

Question 9

Foreign commerce:

Accepted Answer

A)  may be subject to discriminatory state taxes 
B)  may not be subject to discriminatory state taxes 
C)  may only be subject to discriminatory state taxes if it adds jobs to the U.S. job market 
D)  is heavily regulated by state taxes 
E)  none of the other choices are correct 
A)  may be subject to discriminatory state taxes 
B)  may not be subject to discriminatory state taxes 
C)  may only be subject to discriminatory state taxes if it adds jobs to the U.S. job market 
D)  is heavily regulated by state taxes 
E)  none of the other choices are correct

Question 10

In Southern Pacific Co. v. Arizona, concerning whether Arizona could, for safety considerations, require trains traveling through the state be a shorter length than trains traveling through other states. The Supreme Court held the Arizona law was:

Accepted Answer

A)  valid because it concerned a legitimate state interest to improve transportation safety 
B)  valid because Congress had not passed legislation dealing with the length of trains 
C)  valid because it did not conflict with federal standards 
D)  invalid because it impeded interstate commerce 
E)  none of the other choices 
A)  valid because it concerned a legitimate state interest to improve transportation safety 
B)  valid because Congress had not passed legislation dealing with the length of trains 
C)  valid because it did not conflict with federal standards 
D)  invalid because it impeded interstate commerce 
E)  none of the other choices

Question 11

The Supreme Court in Hughes v. Oklahoma held that when states have a "compelling interests" in regulating an area, such as environmental protection, that interest supersedes the Commerce Clause.

Accepted Answer

A) True 
 B)False

Question 12

If Congress imposes a regulation on an industry that has a limiting effect, the Supreme Court has held that, in general:

Accepted Answer

A)  Congress may not impose regulations that burden foreign firms doing business in the U.S. 
B)  Congress may regulate commerce only with approval of the affected states 
C)  Congress may not regulate intrastate commerce, if the effect is "inherently uncompetitive" 
D)  States may then imitate the regulation at the state level 
E)  Congress may burden interstate commerce, but states may not do so unless authorized by Congress 
A)  Congress may not impose regulations that burden foreign firms doing business in the U.S. 
B)  Congress may regulate commerce only with approval of the affected states 
C)  Congress may not regulate intrastate commerce, if the effect is "inherently uncompetitive" 
D)  States may then imitate the regulation at the state level 
E)  Congress may burden interstate commerce, but states may not do so unless authorized by Congress

Question 13

Amendments to the Constitution must be initiated by the Senate then approved by the President and the Supreme Court.

Accepted Answer

A) True 
 B)False

Question 14

The exclusionary rule that improperly gathered evidence may not be used at trial applies to natural persons, not to artificial entities such as corporations.

Accepted Answer

A) True 
 B)False

Question 15

Ohio Phone, a regulated company, sends a flyer to customers with their monthly bill. One flyer tells customers that the Ohio Phone Comm. does not let the company charge fair prices and that the quality of phone service will fall. The Commission orders the company to stop sending mailings that discuss these issues, since the customers are forced to pay for the mailings as a part of their service. The Supreme Court is likely to say that such mailings:

Accepted Answer

A)  are constitutional under the Fifth Amendment as private property 
B)  may be prohibited under the Constitution because the First Amendment does not protect political speech by regulated companies 
C)  may be prohibited under the commerce clause because state regulation of utility monopolies is nearly unlimited 
D)  could not be addressed by the U.S. Supreme Court; it is a matter for Ohio law 
E)  none of the other choices 
A)  are constitutional under the Fifth Amendment as private property 
B)  may be prohibited under the Constitution because the First Amendment does not protect political speech by regulated companies 
C)  may be prohibited under the commerce clause because state regulation of utility monopolies is nearly unlimited 
D)  could not be addressed by the U.S. Supreme Court; it is a matter for Ohio law 
E)  none of the other choices

Question 16

Congress passes a law that employers must give employees up to 12 weeks unpaid leave to attend to family matters. The Virginia legislature decides that this in not enough and passes a law that requires employers in Virginia to provide 16 weeks unpaid leave. This law is likely:

Accepted Answer

A)  unconstitutional because its terms are different from those of the federal law 
B)  unconstitutional because employee relations is a strictly federal area of concern 
C)  constitutional as long as the law does not unnecessarily impede interstate commerce because it strengthens the federal law 
D)  constitutional because states may regulate businesses in their borders in whatever manner they think appropriate 
E)  unconstitutional because it invades the police power of the federal government 
A)  unconstitutional because its terms are different from those of the federal law 
B)  unconstitutional because employee relations is a strictly federal area of concern 
C)  constitutional as long as the law does not unnecessarily impede interstate commerce because it strengthens the federal law 
D)  constitutional because states may regulate businesses in their borders in whatever manner they think appropriate 
E)  unconstitutional because it invades the police power of the federal government

Question 17

The Fourteenth Amendment protects due process rights and:

Accepted Answer

A)  protects freedom of speech 
B)  protects the citizen's right to bear arms 
C)  provides for equal protection 
D)  protects freedom of religion 
E)  provides no other protection 
A)  protects freedom of speech 
B)  protects the citizen's right to bear arms 
C)  provides for equal protection 
D)  protects freedom of religion 
E)  provides no other protection

Question 18

The First Amendment to the Constitution:

Accepted Answer

A)  restricts Congress from imposing many controls on political and commercial speech by business 
B)  restricts business from imposing many controls on political and commercial speech by Congress 
C)  restricts Congress from controlling marriage laws 
D)  prevents Congress from passing laws against carrying firearms in public places 
E)  restricts Congress's ability to regulate interstate commerce 
A)  restricts Congress from imposing many controls on political and commercial speech by business 
B)  restricts business from imposing many controls on political and commercial speech by Congress 
C)  restricts Congress from controlling marriage laws 
D)  prevents Congress from passing laws against carrying firearms in public places 
E)  restricts Congress's ability to regulate interstate commerce

Question 19

Tax laws passed by Congress may be "crushing" in impact on business, according to the Supreme Court, and still be constitutional.

Accepted Answer

A) True 
 B)False

Question 20

The right to trial is guaranteed in the Constitution in all of these cases except:

Accepted Answer

A)  a criminal trial 
B)  a civil trial brought by the government 
C)  a common law trial 
D)  any trial in state court 
E)  it is guaranteed in all of the other choices 
A)  a criminal trial 
B)  a civil trial brought by the government 
C)  a common law trial 
D)  any trial in state court 
E)  it is guaranteed in all of the other choices

Exam 4: The Constitution: Focus on Application to Business

Based on the Fourth Amendment, the exclusionary rule allows evidence:

Southern Pacific Co. v. Arizona concerned whether Arizona could, for safety considerations, require trains traveling through the state be a shorter length than trains traveling through other states. The Supreme Court justified striking down the Arizona law because:

In South-Central Timber Development v. Wunnicke, concerning federal and state regulation of Alaska timber processing, the Supreme Court held:

If a government rule applies differently to different persons, such as on the basis of age or sex, the equal protection clause of the 14th Amendment may be violated.

The Seventh Amendment of the U.S. Constitution:

In New York v. Burger, a junkyard owner claimed that a New York statute permitting warrantless searches of junkyards was a violation of the 4th Amendment. The Supreme Court held that the statute was:

The government seized a large amount of cash (as the "instrumentality" of the crime) being carried out of the country by a couple who failed to report that they were leaving the country with more than $10,000. The Supreme Court held that the seizure of the cash was:

Apportionment is meant to protect a company from:

Foreign commerce:

In Southern Pacific Co. v. Arizona, concerning whether Arizona could, for safety considerations, require trains traveling through the state be a shorter length than trains traveling through other states. The Supreme Court held the Arizona law was:

The Supreme Court in Hughes v. Oklahoma held that when states have a "compelling interests" in regulating an area, such as environmental protection, that interest supersedes the Commerce Clause.

If Congress imposes a regulation on an industry that has a limiting effect, the Supreme Court has held that, in general:

Amendments to the Constitution must be initiated by the Senate then approved by the President and the Supreme Court.

The exclusionary rule that improperly gathered evidence may not be used at trial applies to natural persons, not to artificial entities such as corporations.

Congress passes a law that employers must give employees up to 12 weeks unpaid leave to attend to family matters. The Virginia legislature decides that this in not enough and passes a law that requires employers in Virginia to provide 16 weeks unpaid leave. This law is likely:

The Fourteenth Amendment protects due process rights and:

The First Amendment to the Constitution:

Tax laws passed by Congress may be "crushing" in impact on business, according to the Supreme Court, and still be constitutional.

The right to trial is guaranteed in the Constitution in all of these cases except:

Todays Business Environment: Law and Ethics

The Court Systems

Trials and Resolving Disputes

Criminal Law and Business

Elements of Torts

Business Torts and Product Liability

Real and Personal Property

Intellectual Property

Contracts

Domestic and International Sales

Business Organizations

Negotiable Instruments, Credit, and Bankruptcy

Agency and the Employment Relationship

Employment and Labor Regulations

Employment Discrimination

The Regulatory Process

Securities Regulation

Consumer Protection

Antitrust Law

Environmental Law

The International Legal Environment of Business

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