Question 1

Suits against the media for defamation are:

Accepted Answer

A)  rarely successful in other countries 
B)  rarely successful in the United States 
C)  always successful in the United States 
D)  never successful anywhere 
E)  none of the other choices are correct 
A)  rarely successful in other countries 
B)  rarely successful in the United States 
C)  always successful in the United States 
D)  never successful anywhere 
E)  none of the other choices are correct

Question 2

In Braswell v. U.S., the president and sole shareholder of a company refused to produce business records, claiming a 5th Amendment privilege against self-incrimination. The Supreme Court held that the 5th Amendment protection:

Accepted Answer

A)  applied to records that could implicate Braswell personally 
B)  applied to the president because, as sole shareholder, he was the corporation, so the records were protected 
C)  was available because Braswell, as president, was an employee of the corporation 
D)  Braswell had to produce the records because of strong government interest in safety 
E)  none of the other choices 
A)  applied to records that could implicate Braswell personally 
B)  applied to the president because, as sole shareholder, he was the corporation, so the records were protected 
C)  was available because Braswell, as president, was an employee of the corporation 
D)  Braswell had to produce the records because of strong government interest in safety 
E)  none of the other choices

Question 3

Agents of the Software Agency (SA) check companies to be sure all the software they use is properly licensed, not copied. SA agents arrive at Bob's Drugs to conduct an inspection. Bob asks the agent to see her search warrant, otherwise he will not admit her. The SA contends that a warrant is not needed to conduct a routine search to see if SA regulations are being followed. The Supreme Court is likely to say that warrants by SA officials are:

Accepted Answer

A)  not needed to search property regulated by Congress given its authority under the commerce clause 
B)  not needed to search business property because the Fourth Amendment (search and seizure) only applies to persons and their property 
C)  not needed because the Third Amendment (quartering of federal officials) allows entry into property by government officials as needed for law enforcement purposes 
D)  needed because the Third Amendment (quartering of federal officials) does not allow entry into property by government officials for law enforcement purposes without a warrant 
E)  none of the other choices 
A)  not needed to search property regulated by Congress given its authority under the commerce clause 
B)  not needed to search business property because the Fourth Amendment (search and seizure) only applies to persons and their property 
C)  not needed because the Third Amendment (quartering of federal officials) allows entry into property by government officials as needed for law enforcement purposes 
D)  needed because the Third Amendment (quartering of federal officials) does not allow entry into property by government officials for law enforcement purposes without a warrant 
E)  none of the other choices

Question 4

The Fifth Amendment prohibits the taking of private property by government without compensation.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following is a key part of the British constitution:

Accepted Answer

A)  the First Amendment 
B)  the American Bill of Rights 
C)  the Magna Carta 
D)  all of the other choices are key parts of the British constitution 
E)  none of the other choices are correct 
A)  the First Amendment 
B)  the American Bill of Rights 
C)  the Magna Carta 
D)  all of the other choices are key parts of the British constitution 
E)  none of the other choices are correct

Question 6

The commerce clause of the Constitution gives Congress the power to regulate trade:

Accepted Answer

A)  with foreign nations but not trade among the states 
B)  among the states but not trade with foreign nations 
C)  among the states, so long as the states involved approve, and trade with foreign nations 
D)  only among U.S. citizens 
E)  none of the other choices 
A)  with foreign nations but not trade among the states 
B)  among the states but not trade with foreign nations 
C)  among the states, so long as the states involved approve, and trade with foreign nations 
D)  only among U.S. citizens 
E)  none of the other choices

Question 7

The Sixth Amendment of the U.S. Constitution:

Accepted Answer

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

Question 8

If Congress imposes a regulation on business, the states:

Accepted Answer

A)  may not have any regulations in the same area of concern 
B)  may adopt regulations to replace the federal regulations, but they may only apply inside the borders of the state 
C)  may impose stronger conditions on out-of-state businesses that come to the state than are imposed by the federal rules 
D)  usually may pass rules that would reduce the effect of the federal rule inside the state, if justified by special local conditions 
E)  none of the other choices 
A)  may not have any regulations in the same area of concern 
B)  may adopt regulations to replace the federal regulations, but they may only apply inside the borders of the state 
C)  may impose stronger conditions on out-of-state businesses that come to the state than are imposed by the federal rules 
D)  usually may pass rules that would reduce the effect of the federal rule inside the state, if justified by special local conditions 
E)  none of the other choices

Question 9

In Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council concerning a Virginia law prohibiting the advertising of prices of prescription drugs the Supreme Court held that:

Accepted Answer

A)  the law was appropriate because people must be protected from their own ignorance 
B)  the law was constitutional 
C)  the law hindered interstate commerce 
D)  the law promoted interstate commerce 
E)  none of the other choices are correct 
A)  the law was appropriate because people must be protected from their own ignorance 
B)  the law was constitutional 
C)  the law hindered interstate commerce 
D)  the law promoted interstate commerce 
E)  none of the other choices are correct

Question 10

If there is a product about which consumers are ignorant, such as prescription drugs, the states may prohibit the advertising of such products and their prices.

Accepted Answer

A) True 
 B)False

Question 11

Federal regulation ____ state regulation.

Accepted Answer

A)  takes precedence over 
B)  never takes precedence over 
C)  occasionally takes precedence over 
D)  is weaker than 
E)  is more complicated than 
A)  takes precedence over 
B)  never takes precedence over 
C)  occasionally takes precedence over 
D)  is weaker than 
E)  is more complicated than

Question 12

"Commerce among the states" means interstate commerce.

Accepted Answer

A) True 
 B)False

Question 13

Tim has been selling illegal drugs in his $1,000,000 house. When he is caught by the police, they confiscate the house. Tim sues the police for imposing excessive fines since the drugs he was selling were only worth $1,000. The court is likely to find that:

Accepted Answer

A)  Tim has a case since his property is worth much more than the drugs 
B)  Tim does not have a case because the confiscation is part of a rational and consistent scheme to deter drug dealing 
C)  Tim would have a case if he lived in Alabama 
D)  Tim would have a case if he lived in Illinois 
E)  Tim has a case because the confiscation of his house violates the Fifth Amendment 
A)  Tim has a case since his property is worth much more than the drugs 
B)  Tim does not have a case because the confiscation is part of a rational and consistent scheme to deter drug dealing 
C)  Tim would have a case if he lived in Alabama 
D)  Tim would have a case if he lived in Illinois 
E)  Tim has a case because the confiscation of his house violates the Fifth Amendment

Question 14

The most important part of the Constitution with respect to businesses is:

Accepted Answer

A)  Article I, Section 9 
B)  Article I, Section 7 
C)  Article II, Section 8 
D)  Article II, Section 9 
E)  none of the other choices are correct 
A)  Article I, Section 9 
B)  Article I, Section 7 
C)  Article II, Section 8 
D)  Article II, Section 9 
E)  none of the other choices are correct

Question 15

States have the power to impose:

Accepted Answer

A)  whatever taxes they need for "legitimate public purposes" 
B)  taxes that do not impede interstate commerce 
C)  only taxes that impact interstate commerce 
D)  taxes against foreign corporations 
E)  taxes against all producers of "harmful goods" 
A)  whatever taxes they need for "legitimate public purposes" 
B)  taxes that do not impede interstate commerce 
C)  only taxes that impact interstate commerce 
D)  taxes against foreign corporations 
E)  taxes against all producers of "harmful goods"

Question 16

The state of Missouri enacted a stature that eliminated the right to bring suit for private nuisance against anyone raising animals for production. Some property owners sued a commercial hog farm, contending that it caused bad odors, pathogens, and other hazardous substances to come from the 4,000 hog operation. Their suit was rejected because of the state law that protected such operations. They appealed that the law was unconstitutional. The Missouri high court held that:​

Accepted Answer

A)  ​the statute was unconstitutional as it violated due process rights under the 14th Amendment. 
B)  ​the statute was unconstitutional as it violated equal protection rights under the 14th Amendment. 
C)  ​the statute was unconstitutional as it effected a taking of property rights without compensation. 
D)  ​the statute was constitutional as there was a rational basis for it. 
E)  ​none of the other choices are correct. 
A)  ​the statute was unconstitutional as it violated due process rights under the 14th Amendment. 
B)  ​the statute was unconstitutional as it violated equal protection rights under the 14th Amendment. 
C)  ​the statute was unconstitutional as it effected a taking of property rights without compensation. 
D)  ​the statute was constitutional as there was a rational basis for it. 
E)  ​none of the other choices are correct.

Question 17

Due process under the 14th Amendment may be violated when the state infringes on fundamental liberty interests that fail a test of compelling state interest.

Accepted Answer

A) True 
 B)False

Question 18

In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state's natural resources. When this law was challenged, the Supreme Court announced a test of constitutionality that did not include which provision:

Accepted Answer

A)  whether another rule could be used to achieve the same purpose without discriminating against interstate commerce 
B)  whether the rule was evenhanded with only incidental effects on interstate commerce 
C)  whether the rule serves a legitimate local interest 
D)  the specific choices are all correct 
E)  none of the other choices are correct 
A)  whether another rule could be used to achieve the same purpose without discriminating against interstate commerce 
B)  whether the rule was evenhanded with only incidental effects on interstate commerce 
C)  whether the rule serves a legitimate local interest 
D)  the specific choices are all correct 
E)  none of the other choices are correct

Question 19

The federal Clean Air Act sets specific pollution standards. California adopts even stricter pollution standards instate. This standard is likely to be found:

Accepted Answer

A)  unconstitutional; states may not pass regulatory standards different than those of Congress 
B)  unconstitutional; states may not pass stronger regulatory standards than those of Congress 
C)  unconstitutional; the standard reduces the ability of California to compete in interstate commerce 
D)  constitutional; the standard does not favor California businesses 
E)  constitutional; the necessary and proper clause lets states pass regulations needed for local conditions 
A)  unconstitutional; states may not pass regulatory standards different than those of Congress 
B)  unconstitutional; states may not pass stronger regulatory standards than those of Congress 
C)  unconstitutional; the standard reduces the ability of California to compete in interstate commerce 
D)  constitutional; the standard does not favor California businesses 
E)  constitutional; the necessary and proper clause lets states pass regulations needed for local conditions

Question 20

When the state infringes on fundamental liberty interests without narrowly tailoring that infringement to serve a compelling state interest it is violating:

Accepted Answer

A)  due process 
B)  the First Amendment 
C)  fair play 
D)  due law 
E)  fair process 
A)  due process 
B)  the First Amendment 
C)  fair play 
D)  due law 
E)  fair process

Suits against the media for defamation are:

In Braswell v. U.S., the president and sole shareholder of a company refused to produce business records, claiming a 5th Amendment privilege against self-incrimination. The Supreme Court held that the 5th Amendment protection:

The Fifth Amendment prohibits the taking of private property by government without compensation.

Which of the following is a key part of the British constitution:

The commerce clause of the Constitution gives Congress the power to regulate trade:

The Sixth Amendment of the U.S. Constitution:

If Congress imposes a regulation on business, the states:

In Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council concerning a Virginia law prohibiting the advertising of prices of prescription drugs the Supreme Court held that:

If there is a product about which consumers are ignorant, such as prescription drugs, the states may prohibit the advertising of such products and their prices.

Federal regulation ____ state regulation.

"Commerce among the states" means interstate commerce.

Tim has been selling illegal drugs in his $1,000,000 house. When he is caught by the police, they confiscate the house. Tim sues the police for imposing excessive fines since the drugs he was selling were only worth $1,000. The court is likely to find that:

The most important part of the Constitution with respect to businesses is:

States have the power to impose:

Due process under the 14th Amendment may be violated when the state infringes on fundamental liberty interests that fail a test of compelling state interest.

In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state's natural resources. When this law was challenged, the Supreme Court announced a test of constitutionality that did not include which provision:

The federal Clean Air Act sets specific pollution standards. California adopts even stricter pollution standards instate. This standard is likely to be found:

When the state infringes on fundamental liberty interests without narrowly tailoring that infringement to serve a compelling state interest it is violating:

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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Exam 4: The Constitution: Focus on Application to Business

Suits against the media for defamation are:

In Braswell v. U.S., the president and sole shareholder of a company refused to produce business records, claiming a 5th Amendment privilege against self-incrimination. The Supreme Court held that the 5th Amendment protection:

The Fifth Amendment prohibits the taking of private property by government without compensation.

Which of the following is a key part of the British constitution:

The commerce clause of the Constitution gives Congress the power to regulate trade:

The Sixth Amendment of the U.S. Constitution:

If Congress imposes a regulation on business, the states:

In Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council concerning a Virginia law prohibiting the advertising of prices of prescription drugs the Supreme Court held that:

If there is a product about which consumers are ignorant, such as prescription drugs, the states may prohibit the advertising of such products and their prices.

Federal regulation ____ state regulation.

"Commerce among the states" means interstate commerce.

Tim has been selling illegal drugs in his $1,000,000 house. When he is caught by the police, they confiscate the house. Tim sues the police for imposing excessive fines since the drugs he was selling were only worth $1,000. The court is likely to find that:

The most important part of the Constitution with respect to businesses is:

States have the power to impose:

Due process under the 14th Amendment may be violated when the state infringes on fundamental liberty interests that fail a test of compelling state interest.

In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state's natural resources. When this law was challenged, the Supreme Court announced a test of constitutionality that did not include which provision:

The federal Clean Air Act sets specific pollution standards. California adopts even stricter pollution standards instate. This standard is likely to be found:

When the state infringes on fundamental liberty interests without narrowly tailoring that infringement to serve a compelling state interest it is violating:

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

Filters