Question 1

Congress has the power to "lay and collect Taxes." When the Supreme Court reviews the taxing activity of Congress,it:

Accepted Answer

A) closely inspects Congressional actions for evidence of "discriminatory intent" 
B) limits what Congress may do to protect citizens from violations of the Sixth Amendment 
C) limits what Congress may do because the Court controls Congressional spending 
D) is prohibited by the Constitution from questioning Congressional tax schemes 
E) none of t)he other choices 
A) closely inspects Congressional actions for evidence of "discriminatory intent" 
B) limits what Congress may do to protect citizens from violations of the Sixth Amendment 
C) limits what Congress may do because the Court controls Congressional spending 
D) is prohibited by the Constitution from questioning Congressional tax schemes 
E) none of t)he other choices

Question 2

Tax laws passed by Congress may not be "discriminatory" in impact according to the Supreme Court.

Accepted Answer

A) True 
 B)False

Question 3

The Supreme Court has held that states may:

Accepted Answer

A) never tax the income of businesses 
B) tax the income of businesses so long as they are "constitutionally rational" 
C) tax all income of businesses only if the business is headquartered in the state 
D) tax the income of businesses so long as the burden of the state tax is apportioned fairly 
E) tax the income of businesses that do more that $5 million (net)worth of business in-state 
A) never tax the income of businesses 
B) tax the income of businesses so long as they are "constitutionally rational" 
C) tax all income of businesses only if the business is headquartered in the state 
D) tax the income of businesses so long as the burden of the state tax is apportioned fairly 
E) tax the income of businesses that do more that $5 million (net)worth of business in-state

Question 4

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 5

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 6

States may impose taxes on goods imported from other countries so long as the tax rate is the same as that imposed on businesses within the state.

Accepted Answer

A) True 
 B)False

Question 7

The Fifth Amendment protects individuals against self-incrimination.

Accepted Answer

A) True 
 B)False

Question 8

Which Amendment to the Constitution restricts Congress from imposing many controls on political and commercial speech by business?

Accepted Answer

A) First 
B) Fifth 
C) Eighth 
D) Fourteenth 
E) None;Congress may not restrict individual speech,but may restrict business speech 
A) First 
B) Fifth 
C) Eighth 
D) Fourteenth 
E) None;Congress may not restrict individual speech,but may restrict business speech

Question 9

In Bose Corp.v.Consumers Union,concerning a magazine article critical of Bose speakers,the Supreme Court held that:

Accepted Answer

A) Consumers Union was prohibited by the First Amendment from criticizing a legal products 
B) there was "actual malice" in the article published in Consumer Reports that criticized a Bose product,hence there was no First Amendment protection of the speech 
C) the First Amendment allows criticism of business as long as there is no actual malice 
D) the First Amendment allows criticism of business in general,but the names of specific companies may not be mentioned 
E) none of the other choices 
A) Consumers Union was prohibited by the First Amendment from criticizing a legal products 
B) there was "actual malice" in the article published in Consumer Reports that criticized a Bose product,hence there was no First Amendment protection of the speech 
C) the First Amendment allows criticism of business as long as there is no actual malice 
D) the First Amendment allows criticism of business in general,but the names of specific companies may not be mentioned 
E) none of the other choices

Question 10

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 11

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 12

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 13

In New York v.Burger,the Supreme Court held that a closely regulated industry may be subject to warrantless searches without violating the Constitution.

Accepted Answer

A) True 
 B)False

Question 14

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) none of the other choices 
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) none of the other choices

Question 15

In McCulloch v.Maryland,the Supreme Court held:

Accepted Answer

A) creation of a national bank was constitutional under the Necessary and Proper Clause 
B) because banks were not mentioned in the Constitution they could not be created without amending the Constitution 
C) Congress did not validly amend the Constitution before it created a national bank 
D) National banks violated the Necessary and Proper Clause 
E) none of the other choices 
A) creation of a national bank was constitutional under the Necessary and Proper Clause 
B) because banks were not mentioned in the Constitution they could not be created without amending the Constitution 
C) Congress did not validly amend the Constitution before it created a national bank 
D) National banks violated the Necessary and Proper Clause 
E) none of the other choices

Question 16

In Reget v.City of La Crosse,the appeals court held that Reget did not suffer a
violation of the Equal Protection Clause because his business was not treated differently that similarly situated businesses with respect to regulations that applied to certain kinds of businesses.

Accepted Answer

A) True 
 B)False

Question 17

Executives working for a corporation accused of a federal crime can be compelled to testify against their company because the Fifth Amendment does not apply to corporations.

Accepted Answer

A) True 
 B)False

Question 18

In Pro's Sports Bar & Grill v.City of Country Club Hills,the appeals court held that
a bar,because it sells regulated liquor,does not have due process rights with respect to its liquor license.

Accepted Answer

A) True 
 B)False

Question 19

In Reget v.City of La Crosse case,where a business owner claims he was selected by the City for bad treatment,Reget failed to establish:

Accepted Answer

A) that a state actor had intentionally treated him differently than others similarly situated 
B) that he had all the proper paperwork to prove he owned the business 
C) that the government treated him differently because of his race 
D) that his property had been searched without a warrant 
E) none of the other choices are correct 
A) that a state actor had intentionally treated him differently than others similarly situated 
B) that he had all the proper paperwork to prove he owned the business 
C) that the government treated him differently because of his race 
D) that his property had been searched without a warrant 
E) none of the other choices are correct

Question 20

In Kelo v.City of New London,Conn. ,where the city forced people to sell their houses so there could be a new large project built,the Supreme Court held that the forced sale:

Accepted Answer

A) was legitimate as long as the city used the property for government purposes 
B) violated the takings clause because the largest impact of the action fell on minorities 
C) violated the takings clause because property owners were not paid fair market value 
D) was legitimate if approved by the federal Department of Housing 
E) none of the other choices 
A) was legitimate as long as the city used the property for government purposes 
B) violated the takings clause because the largest impact of the action fell on minorities 
C) violated the takings clause because property owners were not paid fair market value 
D) was legitimate if approved by the federal Department of Housing 
E) none of the other choices

Exam 4: The Constitution: Focus on Application to Business

Congress has the power to "lay and collect Taxes." When the Supreme Court reviews the taxing activity of Congress,it:

Tax laws passed by Congress may not be "discriminatory" in impact according to the Supreme Court.

The Supreme Court has held that states may:

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.

Suits against the media for defamation are:

States may impose taxes on goods imported from other countries so long as the tax rate is the same as that imposed on businesses within the state.

The Fifth Amendment protects individuals against self-incrimination.

Which Amendment to the Constitution restricts Congress from imposing many controls on political and commercial speech by business?

In Bose Corp.v.Consumers Union,concerning a magazine article critical of Bose speakers,the Supreme Court held that:

The Fourteenth Amendment protects due process rights and:

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

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

In New York v.Burger,the Supreme Court held that a closely regulated industry may be subject to warrantless searches without violating the Constitution.

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:

In McCulloch v.Maryland,the Supreme Court held:

In Reget v.City of La Crosse,the appeals court held that Reget did not suffer a violation of the Equal Protection Clause because his business was not treated differently that similarly situated businesses with respect to regulations that applied to certain kinds of businesses.

Executives working for a corporation accused of a federal crime can be compelled to testify against their company because the Fifth Amendment does not apply to corporations.

In Pro's Sports Bar & Grill v.City of Country Club Hills,the appeals court held that a bar,because it sells regulated liquor,does not have due process rights with respect to its liquor license.

In Reget v.City of La Crosse case,where a business owner claims he was selected by the City for bad treatment,Reget failed to establish:

In Kelo v.City of New London,Conn. ,where the city forced people to sell their houses so there could be a new large project built,the Supreme Court held that the forced sale:

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

Negotiable Instruments, credit, and Bankruptcy

Business Organizations

Agency and the Employment Relationship

The Regulatory Process

Employment and Labor Regulations

Employment Discrimination

Environmental Law

Consumer Protection

Antitrust Law

Securities Regulation

The International Legal Environment of Business

Filters