Question 1

As held by Chief Justice Marshall in Gibbons v.Ogden,commerce among the states means:

Accepted Answer

A) interstate commerce 
B) commerce within a single state 
C) commerce with other countries 
D) intrastate commerce 
E) voluntary commerce 
A) interstate commerce 
B) commerce within a single state 
C) commerce with other countries 
D) intrastate commerce 
E) voluntary commerce

Question 2

The Sixth and Seventh Amendments provide for the right to jury trial in every kind of court case.

Accepted Answer

A) True 
 B)False

Question 3

If a business is interstate,the states may not tax the portion of a business generated within one state,unless so allowed by Congress.

Accepted Answer

A) True 
 B)False

Question 4

Amendments to the Constitution become effective when approved by two-thirds of the House and the Senate and signed by the President.

Accepted Answer

A) True 
 B)False

Question 5

States may constitutionally impose a tax:

Accepted Answer

A) on goods passing through the state for legitimate commercial purposes,so long as it is not sold in the state 
B) that taxes products from other states more heavily than in-state products 
C) on the income of businesses by using formulas that account for the intrastate share of interstate commerce 
D) a and b are correct 
E) a,b and c are correct 
A) on goods passing through the state for legitimate commercial purposes,so long as it is not sold in the state 
B) that taxes products from other states more heavily than in-state products 
C) on the income of businesses by using formulas that account for the intrastate share of interstate commerce 
D) a and b are correct 
E) a,b and c are correct

Question 6

The Supreme Court in Hughes v.Oklahoma held that states have compelling interests in protecting natural resources and these interests supersede the Commerce Clause.

Accepted Answer

A) True 
 B)False

Question 7

"The right of the people to be secure in their persons,houses,papers,and effects against unreasonable searches and seizures,shall not be violated,and no Warrants shall issue,but upon probable cause...." is the:

Accepted Answer

A) First Amendment of the Constitution 
B) Fourth Amendment of the Constitution 
C) Third Amendment of the Constitution 
D) Fifth Amendment of the Constitution 
E) Sixth Amendment of the Constitution 
A) First Amendment of the Constitution 
B) Fourth Amendment of the Constitution 
C) Third Amendment of the Constitution 
D) Fifth Amendment of the Constitution 
E) Sixth Amendment of the Constitution

Question 8

In Kelo v.City of New London,Conn. ,the Supreme Court held the city did not violate the Fifth Amendment's takings clause by forcing persons to sell their property so a private developer could gain control of it for private building purposes.

Accepted Answer

A) True 
 B)False

Question 9

If Congress imposes a regulation on business that is constitutional:

Accepted Answer

A) "local" businesses will be exempt 
B) the part of the business in intrastate commerce is exempt 
C) states may not enact similar laws that burden interstate commerce 
D) states may enact similar laws even if they burden interstate commerce 
E) none of the other choices are correct 
A) "local" businesses will be exempt 
B) the part of the business in intrastate commerce is exempt 
C) states may not enact similar laws that burden interstate commerce 
D) states may enact similar laws even if they burden interstate commerce 
E) none of the other choices are correct

Question 10

In addition to not being allowed to interfere with interstate commerce,states are not allowed to:

Accepted Answer

A) interfere with international commerce 
B) interfere with international laws 
C) interfere with unwritten codes of conduct 
D) promote international commerce 
E) none of the other choices are correct 
A) interfere with international commerce 
B) interfere with international laws 
C) interfere with unwritten codes of conduct 
D) promote international commerce 
E) none of the other choices are correct

Question 11

States may not impose taxes that:

Accepted Answer

A) impede interstate commerce 
B) increase interstate commerce 
C) increase intrastate commerce 
D) do nothing to interstate commerce 
E) none of the other choices are correct 
A) impede interstate commerce 
B) increase interstate commerce 
C) increase intrastate commerce 
D) do nothing to interstate commerce 
E) none of the other choices are correct

Question 12

Taxes raise revenues for the government.Taxes may be:

Accepted Answer

A) used to punish certain business behavior 
B) used to keep certain goods,such as firearms and liquor,under federal supervision 
C) imposed on illegal goods like cocaine to help trap dealers 
D) not used by states to discriminate against out-of-state businesses 
E) all of the other choices 
A) used to punish certain business behavior 
B) used to keep certain goods,such as firearms and liquor,under federal supervision 
C) imposed on illegal goods like cocaine to help trap dealers 
D) not used by states to discriminate against out-of-state businesses 
E) all of the other choices

Question 13

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) with foreign nations and among the states 
E) only by U.S.citizens 
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) with foreign nations and among the states 
E) only by U.S.citizens

Question 14

Dr.Ayau is a new doctor who has just set up a practice in San Diego.She places ads in the papers to tell people that she will see patients and she will be in her office on Sundays.The California Medical Assn.(CMA)moves to strip Dr.Ayau of her license to practice medicine because such ads are unethical.The Supreme Court is likely to say that the CMA:

Accepted Answer

A) has the right,under state law,to regulate the practice of medicine and to set ethical standards for all physicians 
B) has the right,under the necessary and proper clause,to regulate advertising medicine 
C) has the right,under the commerce clause,to so regulate the advertising of medicine 
D) cannot prevent doctors from using truthful advertising to help their business 
E) cannot regulate medicine because it conflicts with the right of Congress to do so 
A) has the right,under state law,to regulate the practice of medicine and to set ethical standards for all physicians 
B) has the right,under the necessary and proper clause,to regulate advertising medicine 
C) has the right,under the commerce clause,to so regulate the advertising of medicine 
D) cannot prevent doctors from using truthful advertising to help their business 
E) cannot regulate medicine because it conflicts with the right of Congress to do so

Question 15

A state statute prohibited corporations from making any contributions designed to influence voting on questions on the state ballot.Based on what you have read,you can presume the Supreme Court held that this statute:

Accepted Answer

A) was constitutional under the 1ˢᵗ Amendment 
B) was an unconstitutional infringement of the 1ˢᵗ Amendment 
C) was an unconstitutional infringement of the 4ᵗʰ Amendment 
D) was constitutional under the 14ᵗʰ Amendment 
E) was constitutional under the Due Process Clause 
A) was constitutional under the 1ˢᵗ Amendment 
B) was an unconstitutional infringement of the 1ˢᵗ Amendment 
C) was an unconstitutional infringement of the 4ᵗʰ Amendment 
D) was constitutional under the 14ᵗʰ Amendment 
E) was constitutional under the Due Process Clause

Question 16

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) fair process 
B) fair game 
C) fair play 
D) due law 
E) none of the other choices are correct 
A) fair process 
B) fair game 
C) fair play 
D) due law 
E) none of the other choices are correct

Question 17

The constitutional right to jury trial in criminal cases is addressed by the:

Accepted Answer

A) Fifth Amendment 
B) First Amendment 
C) Sixth Amendment 
D) Seventh Amendment 
E) none of the other choices 
A) Fifth Amendment 
B) First Amendment 
C) Sixth Amendment 
D) Seventh Amendment 
E) none of the other choices

Question 18

In Ward v.Rock Against Racism,the Supreme Court held that freedom of speech means local governments cannot control the volume at which people listen to music in public.

Accepted Answer

A) True 
 B)False

Question 19

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 held:

Accepted Answer

A) Oklahoma has a paramount interest in preserving its natural resources,so the law stands 
B) Oklahoma has no interest in preserving minnows,so the law fails 
C) Oklahoma was improperly "taking property without compensation" 
D) regulation of fish falls under the Fish and Wildlife Service,so Oklahoma preempted a federal law 
E) Oklahoma was using a discriminatory method to achieve its conservation goals 
A) Oklahoma has a paramount interest in preserving its natural resources,so the law stands 
B) Oklahoma has no interest in preserving minnows,so the law fails 
C) Oklahoma was improperly "taking property without compensation" 
D) regulation of fish falls under the Fish and Wildlife Service,so Oklahoma preempted a federal law 
E) Oklahoma was using a discriminatory method to achieve its conservation goals

Question 20

Postal authority is an example of:

Accepted Answer

A) an intrastate commerce 
B) a private business 
C) an area each state regulates for itself 
D) an area the state district court regulates 
E) none of the other choices are correct 
A) an intrastate commerce 
B) a private business 
C) an area each state regulates for itself 
D) an area the state district court regulates 
E) none of the other choices are correct

Exam 4: The Constitution: Focus on Application to Business

As held by Chief Justice Marshall in Gibbons v.Ogden,commerce among the states means:

The Sixth and Seventh Amendments provide for the right to jury trial in every kind of court case.

If a business is interstate,the states may not tax the portion of a business generated within one state,unless so allowed by Congress.

Amendments to the Constitution become effective when approved by two-thirds of the House and the Senate and signed by the President.

States may constitutionally impose a tax:

The Supreme Court in Hughes v.Oklahoma held that states have compelling interests in protecting natural resources and these interests supersede the Commerce Clause.

"The right of the people to be secure in their persons,houses,papers,and effects against unreasonable searches and seizures,shall not be violated,and no Warrants shall issue,but upon probable cause...." is the:

In Kelo v.City of New London,Conn. ,the Supreme Court held the city did not violate the Fifth Amendment's takings clause by forcing persons to sell their property so a private developer could gain control of it for private building purposes.

If Congress imposes a regulation on business that is constitutional:

In addition to not being allowed to interfere with interstate commerce,states are not allowed to:

States may not impose taxes that:

Taxes raise revenues for the government.Taxes may be:

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

A state statute prohibited corporations from making any contributions designed to influence voting on questions on the state ballot.Based on what you have read,you can presume the Supreme Court held that this statute:

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

The constitutional right to jury trial in criminal cases is addressed by the:

In Ward v.Rock Against Racism,the Supreme Court held that freedom of speech means local governments cannot control the volume at which people listen to music in public.

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 held:

Postal authority is an example of:

Todays Business Environment: Law and Ethics

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