Question 1

Which of the following is true of the Takings Clause?

Accepted Answer

A)  It is triggered by the power of eminent domain. 
B)  It requires the government not to pay private property owners any compensation. 
C)  It is triggered by the power of just compensation. 
D)  It requires the government to buy private property for private developers. 
A)  It is triggered by the power of eminent domain. 
B)  It requires the government not to pay private property owners any compensation. 
C)  It is triggered by the power of just compensation. 
D)  It requires the government to buy private property for private developers. A

Question 2

Which of the following statements is true of agencies that exercise adjudicatory power?

Accepted Answer

A)  People who are unhappy with the agencies' actions cannot appeal to the court of law. 
B)  Since they involve juries, rules of evidence are more strictly observed. 
C)  Their hearings are much more formal than court trials. 
D)  Some of them regulate primarily on a case-by-case basis through their decisions. 
A)  People who are unhappy with the agencies' actions cannot appeal to the court of law. 
B)  Since they involve juries, rules of evidence are more strictly observed. 
C)  Their hearings are much more formal than court trials. 
D)  Some of them regulate primarily on a case-by-case basis through their decisions. D

Question 3

Administrative agencies _____.

Accepted Answer

A)  cannot perform legislative and judicial functions 
B)  can investigate and prosecute violations of statutes and regulations 
C)  are better suited to using the slower, case-by-case approach followed by the courts and the cumbersome law-making process that frequently characterizes legislation 
D)  cannot adjudicate disputes involving alleged violations of their regulations 
A)  cannot perform legislative and judicial functions 
B)  can investigate and prosecute violations of statutes and regulations 
C)  are better suited to using the slower, case-by-case approach followed by the courts and the cumbersome law-making process that frequently characterizes legislation 
D)  cannot adjudicate disputes involving alleged violations of their regulations B

Question 4

Courts generally do not substitute their judgment for that of administrative agencies,even if they believe an agency's rules to be unwise.

Accepted Answer

A) True 
 B)False

Question 5

Government actions that are procedurally fair are always constitutional even if they are substantively unfair.

Accepted Answer

A) True 
 B)False

Question 6

Mr.Gregg has made an inflammatory speech denouncing the action of the government in the recent war.In this scenario,the court will uphold the governmental restrictions on his speech only:

Accepted Answer

A)  under the Fifth Amendment. 
B)  if the regulation is the least intrusive means to promote a compelling governmental interest. 
C)  if it is commercial speech, which will then receive protection under the Fifth Amendment. 
D)  under the Fourteenth Amendment. 
A)  under the Fifth Amendment. 
B)  if the regulation is the least intrusive means to promote a compelling governmental interest. 
C)  if it is commercial speech, which will then receive protection under the Fifth Amendment. 
D)  under the Fourteenth Amendment.

Question 7

The U.S.Constitution,according to the Fifth and Fourteenth Amendments,prohibits the government from taking real or personal property for public use without paying just compensation.

Accepted Answer

A) True 
 B)False

Question 8

Governmental action that limits speech is subject to rational basis analysis.

Accepted Answer

A) True 
 B)False

Question 9

In the U.S.Constitution,the fundamental rights generally are those liberties spelled out for protection in the Bill of Rights (speech,religion,association,right to vote,privacy,etc.).

Accepted Answer

A) True 
 B)False

Question 10

One of the factors considered in determining the state statute to be constitutional and allow the states to regulate aspects of interstate commerce that have not been preempted by the federal government is that the state statute must:

Accepted Answer

A)  not further a legitimate local interest. 
B)  not discriminate in favor of local interests and against out-of-state interests. 
C)  allow only direct, not incidental, regulation of interstate commerce. 
D)  impose costs on interstate commerce that are more excessive than necessary to bring about the state interests. 
A)  not further a legitimate local interest. 
B)  not discriminate in favor of local interests and against out-of-state interests. 
C)  allow only direct, not incidental, regulation of interstate commerce. 
D)  impose costs on interstate commerce that are more excessive than necessary to bring about the state interests.

Question 11

The "dormant" Commerce Clause limits the authority of the states to interfere with the flow of interstate commerce by:

Accepted Answer

A)  limiting the states from furthering only state interests. 
B)  limiting a state's ability to tax vendors. 
C)  prohibiting state legislation that unduly burdens intrastate commerce. 
D)  prohibiting state laws that openly discriminate against interstate commerce. 
A)  limiting the states from furthering only state interests. 
B)  limiting a state's ability to tax vendors. 
C)  prohibiting state legislation that unduly burdens intrastate commerce. 
D)  prohibiting state laws that openly discriminate against interstate commerce.

Question 12

Briefly discuss the constitutional safeguards of noncommercial speech.

Accepted Answer

The courts have consistently given the h

Question 13

Under strict scrutiny analysis,to demonstrate that a government action is constitutional,the government must demonstrate that:

Accepted Answer

A)  its action bears a rational relationship to its desired end. 
B)  it is pursuing a compelling government interest. 
C)  it is pursuing a governmental end in the most intrusive manner. 
D)  there is no restriction on commercial speech. 
A)  its action bears a rational relationship to its desired end. 
B)  it is pursuing a compelling government interest. 
C)  it is pursuing a governmental end in the most intrusive manner. 
D)  there is no restriction on commercial speech.

Question 14

The "dormant" Commerce Clause requires that any state law regulating interstate commerce must further a legitimate state interest.

Accepted Answer

A) True 
 B)False

Question 15

If the governmental action has a reasonable relationship to the achievement of a legitimate purpose,it is declared constitutional under:

Accepted Answer

A)  strict scrutiny analysis. 
B)  intermediate scrutiny analysis. 
C)  rational basis analysis. 
D)  suspect classifications. 
A)  strict scrutiny analysis. 
B)  intermediate scrutiny analysis. 
C)  rational basis analysis. 
D)  suspect classifications.

Question 16

The state law of Michigan issues a tax on commerce carried on with states outside Michigan.The Congress enacted legislation that did not involve any taxes on interstate commerce to chiefly promote national uniformity.This conflict between the federal law and the state law resulted in the state law to be treated as unconstitutional.Which of the following statements is true of this case?

Accepted Answer

A)  The federal law is said to be expressly preempted. 
B)  The state law of Michigan is said to be expressly preempted. 
C)  The federal law has been impliedly preempted. 
D)  The state of Michigan has exclusive power on interstate commerce where there is a need for national uniformity. 
A)  The federal law is said to be expressly preempted. 
B)  The state law of Michigan is said to be expressly preempted. 
C)  The federal law has been impliedly preempted. 
D)  The state of Michigan has exclusive power on interstate commerce where there is a need for national uniformity.

Question 17

What does preemption of state powers mean?

Accepted Answer

The federal government has the exclusive

Question 18

With the increase in federal regulation that followed the Civil War,the courts tended to focus on the Commerce Clause as a limitation on the federal government's power to regulate business.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following statements is true of state action?

Accepted Answer

A)  The constitutional checks on governmental power do not apply to the Congress. 
B)  Private deprivation of individual liberties is permitted only if interference of state action is prohibited by statute. 
C)  The Constitution protects an individual only against governmental activity, usually called state action. 
D)  State action is not involved if policies are mandated by federal law. 
A)  The constitutional checks on governmental power do not apply to the Congress. 
B)  Private deprivation of individual liberties is permitted only if interference of state action is prohibited by statute. 
C)  The Constitution protects an individual only against governmental activity, usually called state action. 
D)  State action is not involved if policies are mandated by federal law.

Question 20

The courts will overturn the independent agency's action when:

Accepted Answer

A)  an agency's rules are unwise, though it does not exceed its regulatory authority. 
B)  an agency's rulemaking does not exceed its regulatory authority. 
C)  the agency decisions are arbitrary and capricious. 
D)  the court does not set out adequate guidelines for agency action. 
A)  an agency's rules are unwise, though it does not exceed its regulatory authority. 
B)  an agency's rulemaking does not exceed its regulatory authority. 
C)  the agency decisions are arbitrary and capricious. 
D)  the court does not set out adequate guidelines for agency action.

Exam 4: Business and the Constitution

Which of the following is true of the Takings Clause?

Which of the following statements is true of agencies that exercise adjudicatory power?

Administrative agencies _____.

Courts generally do not substitute their judgment for that of administrative agencies,even if they believe an agency's rules to be unwise.

Government actions that are procedurally fair are always constitutional even if they are substantively unfair.

Mr.Gregg has made an inflammatory speech denouncing the action of the government in the recent war.In this scenario,the court will uphold the governmental restrictions on his speech only:

The U.S.Constitution,according to the Fifth and Fourteenth Amendments,prohibits the government from taking real or personal property for public use without paying just compensation.

Governmental action that limits speech is subject to rational basis analysis.

In the U.S.Constitution,the fundamental rights generally are those liberties spelled out for protection in the Bill of Rights (speech,religion,association,right to vote,privacy,etc.).

One of the factors considered in determining the state statute to be constitutional and allow the states to regulate aspects of interstate commerce that have not been preempted by the federal government is that the state statute must:

The "dormant" Commerce Clause limits the authority of the states to interfere with the flow of interstate commerce by:

Briefly discuss the constitutional safeguards of noncommercial speech.

Under strict scrutiny analysis,to demonstrate that a government action is constitutional,the government must demonstrate that:

The "dormant" Commerce Clause requires that any state law regulating interstate commerce must further a legitimate state interest.

If the governmental action has a reasonable relationship to the achievement of a legitimate purpose,it is declared constitutional under:

What does preemption of state powers mean?

With the increase in federal regulation that followed the Civil War,the courts tended to focus on the Commerce Clause as a limitation on the federal government's power to regulate business.

Which of the following statements is true of state action?

The courts will overturn the independent agency's action when:

Law, Legal Reasoning, and the Legal Profession

Dispute Settlement

Business Ethics and Corporate Social Responsibility

Crimes

Intentional Torts

Negligence and Strict Liability

Licensing and Intellectual Propertypart Two Contracts

The Nature and Origins of Contracts

Creating a Contract: Offers

Creating a Contract: Acceptances

Consideration

Capacity to Contract

Voluntary Consent

Illegality

The Form and Meaning of Contracts

Third Parties Contract Rights

Performance and Remediespart Three Sales

Formation and Terms of Sales Contracts

Warranties and Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contractspart Four Agency and Employment

The Agency Relationship-Creation, duties, and Termination

Liability of Principals and Agents to Third Parties

Employment Laws-Part Five Business Organizations

Which Form of Business Organization

Partnerships

Formation and Termination of Corporations

Management of the Corporate Business

Financing the Corporation and the Role of the Shareholders

Securities Regulation

Legal Liability of Accountantspart Six Property

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance-Part Seven Commercial Paper

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Fund Transfers-Part Eight Credit Transactions

Introduction to Security

Security Interests in Personal Property

Bankruptcy-Part Nine Government Regulation

The Antitrust Laws

Consumer Protection Laws

Environmental Regulation

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