Question 1

Which of the following is an exception to the rule that administrative searches usually require search warrants?

Accepted Answer

A) The rational-relationship exception 
B) The reasonable-search exception 
C) The pervasive-regulation exception 
D) The compelling-need exception 
E) The controlling-principle exception 
A) The rational-relationship exception 
B) The reasonable-search exception 
C) The pervasive-regulation exception 
D) The compelling-need exception 
E) The controlling-principle exception C

Question 2

Explain the Central Hudson Gas & Electric Corp.v.Public Service Commission of New York test for commercial speech and set forth your opinion as to whether the Central Hudson test should be expanded to provide additional protection for commercial speech.

Accepted Answer

Commercial speech is speech that conveys information related to the sale of goods and services.Courts analyze government restrictions on commercial speech according to the following four-part test established in Central Hudson Gas & Electric Corp.v.Public Service Commission of New York:
(1)Does the speech concern an illegal activity? Is it misleading?
(2)Is the government interest served by the restriction on commercial speech substantial?
(3)Does the regulation directly advance the government interest asserted?
(4)Is the regulation more extensive than necessary to serve the government interest?
Student opinion on whether the test should be expanded to provide additional protection for commercial speech will vary.

Question 3

New State passes a law prohibiting the importation of out-of-state apples in order to help in-state growers.Which of the following is the best argument for the out-of-state growers who wish to challenge the new law?

Accepted Answer

A) That it violates the Dormant Commerce Clause. 
B) That it violates the explicit preemption clause. 
C) That it violates the First Amendment. 
D) That it violates the Fourth Amendment. 
E) That it violates due process. 
A) That it violates the Dormant Commerce Clause. 
B) That it violates the explicit preemption clause. 
C) That it violates the First Amendment. 
D) That it violates the Fourth Amendment. 
E) That it violates due process. A

Question 4

The Ninth Amendment to the United States Constitution is the primary source of authority for the federal regulation of business.

Accepted Answer

A) True 
 B)False

Question 5

What does the protection against "double jeopardy" mean?

Accepted Answer

A) That the government cannot try a person more than once for the same crime. 
B) That the government cannot try a person more than twice for the same crime. 
C) That the government must have double proof to prosecute a person twice for the same crime. 
D) That the government must show that at least two people were injured by the defendant in order to justify trying the defendant twice for the same crime. 
E) That the government may impose a double sentence on a repeat offender in order to protect the public. 
A) That the government cannot try a person more than once for the same crime. 
B) That the government cannot try a person more than twice for the same crime. 
C) That the government must have double proof to prosecute a person twice for the same crime. 
D) That the government must show that at least two people were injured by the defendant in order to justify trying the defendant twice for the same crime. 
E) That the government may impose a double sentence on a repeat offender in order to protect the public.

Question 6

Which of the following refer(s)to the basic fairness of laws that may deprive an individual of her life,liberty,or property?

Accepted Answer

A) Procedural due process 
B) Substantive due process 
C) Prospective due process 
D) Both procedural and substantive due process,but not prospective due process 
E) The Privileges and Immunities Clause of the United States Constitution 
A) Procedural due process 
B) Substantive due process 
C) Prospective due process 
D) Both procedural and substantive due process,but not prospective due process 
E) The Privileges and Immunities Clause of the United States Constitution

Question 7

Christen who just turned eighteen is out with several friends.They decide to see a movie,but it is sold out.Christen hid in the back of the theatre and yelled "Fire" as loudly as she could.Everyone ran out of the theatre,and a number got in their vehicles and left.Christen and her friends thought that seeing the movie was now possible.Unfortunately,a theatre employee saw Christen yelling,called the police,and she was arrested.Christen told the police officers that she was only exercising her free speech rights.She also told the police that the theatre employee lied and that she personally saw him stealing popcorn.The theatre employee told Christen that he was going to sue for defamation,and she told him that she would win based on her right to free speech.Discuss whether Christen is right on one or both counts and why.

Accepted Answer

While the First Amendment to the United

Question 8

The NLRB v.Jones & Laughlin Steel Corp.case was the turning point for the United States Supreme Court's application of the Commerce Clause to the regulation of business activities.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following is included in the Central Hudson Gas & Electric Corp.v.Public Service Commission of New York test for commercial speech?

Accepted Answer

A) The principle that speech that is misleading is not protected by the First Amendment to the United States Constitution. 
B) The principle that the government must show that a substantial governmental interest is served by a restriction on commercial speech. 
C) The principle that any restriction on commercial speech must not be more extensive than necessary. 
D) The principle that speech that is misleading is not protected by the First Amendment to the U.S.Constitution; the principle that the government must show that a substantial governmental interest is served by a restriction on commercial speech; and the principle that any restriction on commercial speech must not be more extensive than necessary. 
E) None of these. 
A) The principle that speech that is misleading is not protected by the First Amendment to the United States Constitution. 
B) The principle that the government must show that a substantial governmental interest is served by a restriction on commercial speech. 
C) The principle that any restriction on commercial speech must not be more extensive than necessary. 
D) The principle that speech that is misleading is not protected by the First Amendment to the U.S.Constitution; the principle that the government must show that a substantial governmental interest is served by a restriction on commercial speech; and the principle that any restriction on commercial speech must not be more extensive than necessary. 
E) None of these.

Question 10

Which constitutional amendment protects citizens from unreasonable searches and seizures and requires a finding of probable cause to issue a warrant?

Accepted Answer

A) The First Amendment 
B) The Third Amendment 
C) The Fourth Amendment 
D) The Sixth Amendment 
E) The Tenth Amendment 
A) The First Amendment 
B) The Third Amendment 
C) The Fourth Amendment 
D) The Sixth Amendment 
E) The Tenth Amendment

Question 11

Which of the following is true regarding federal taxation?

Accepted Answer

A) The United States Constitution explicitly grants the U.S.Congress the power to tax. 
B) The taxes laid by Congress must be uniform across the states. 
C) Congress can legitimately use taxes to encourage the development of certain industries and discourage the development of others. 
D) The Constitution explicitly grants Congress the power to tax; the taxes laid by Congress must be uniform across the states; and Congress can legitimately use taxes to encourage the development of certain industries and discourage the development of others. 
E) None of these. 
A) The United States Constitution explicitly grants the U.S.Congress the power to tax. 
B) The taxes laid by Congress must be uniform across the states. 
C) Congress can legitimately use taxes to encourage the development of certain industries and discourage the development of others. 
D) The Constitution explicitly grants Congress the power to tax; the taxes laid by Congress must be uniform across the states; and Congress can legitimately use taxes to encourage the development of certain industries and discourage the development of others. 
E) None of these.

Question 12

The legislators of New State institute a law that mothers of children in elementary school,but not fathers,are entitled to seven days off each year in order to attend school events.Several fathers bring a lawsuit challenging the law on equal protection grounds.Which level of scrutiny will the court apply to the law?

Accepted Answer

A) Intermediate scrutiny 
B) Rational basis scrutiny 
C) Severe scrutiny 
D) Strict scrutiny 
E) Subjective scrutiny 
A) Intermediate scrutiny 
B) Rational basis scrutiny 
C) Severe scrutiny 
D) Strict scrutiny 
E) Subjective scrutiny

Question 13

What system does the United States Constitution establish to keep the legislative branch from dominating the other branches of government?

Accepted Answer

A) The Bill of Rights 
B) The Commerce Clause 
C) Federalism 
D) Checks and balances 
E) The Tenth Amendment 
A) The Bill of Rights 
B) The Commerce Clause 
C) Federalism 
D) Checks and balances 
E) The Tenth Amendment

Question 14

The U.S.Constitution establishes a system of government based on the principle of unfettered state autonomy.

Accepted Answer

A) True 
 B)False

Question 15

Which of the following are types of due process?

Accepted Answer

A) Procedural due process only 
B) Substantive due process only 
C) Independent due process only 
D) Procedural,substantive,and independent due process 
E) Procedural and substantive due process,but not independent due process 
A) Procedural due process only 
B) Substantive due process only 
C) Independent due process only 
D) Procedural,substantive,and independent due process 
E) Procedural and substantive due process,but not independent due process

Question 16

Which constitutional amendment gives citizens the right not to testify against themselves in a criminal case?

Accepted Answer

A) The First Amendment 
B) The Third Amendment 
C) The Fourth Amendment 
D) The Fifth Amendment 
E) The Tenth Amendment 
A) The First Amendment 
B) The Third Amendment 
C) The Fourth Amendment 
D) The Fifth Amendment 
E) The Tenth Amendment

Question 17

Which constitutional amendment protects against double jeopardy?

Accepted Answer

A) The First Amendment 
B) The Second Amendment 
C) The Third Amendment 
D) The Fourth Amendment 
E) The Fifth Amendment 
A) The First Amendment 
B) The Second Amendment 
C) The Third Amendment 
D) The Fourth Amendment 
E) The Fifth Amendment

Question 18

The process of judicial review was established in the United States Supreme Court case Marbury v.Madison.

Accepted Answer

A) True 
 B)False

Question 19

Police power consists of the residual powers retained by each state to safeguard the health and welfare of its citizenry.

Accepted Answer

A) True 
 B)False

Question 20

In the ________ case,the United States Supreme Court upheld a federal statute that grants federal funds for state highways to only those states in which 21 is the legal drinking age.

Accepted Answer

A) North Dakota v.Dole 
B) South Dakota v.Dole 
C) North Dakota v.Chiquita 
D) South Dakota v.Chiquita 
E) North Dakota v.United States of America 
A) North Dakota v.Dole 
B) South Dakota v.Dole 
C) North Dakota v.Chiquita 
D) South Dakota v.Chiquita 
E) North Dakota v.United States of America

Exam 5: Constitutional Law

Which of the following is an exception to the rule that administrative searches usually require search warrants?

Explain the Central Hudson Gas & Electric Corp.v.Public Service Commission of New York test for commercial speech and set forth your opinion as to whether the Central Hudson test should be expanded to provide additional protection for commercial speech.

New State passes a law prohibiting the importation of out-of-state apples in order to help in-state growers.Which of the following is the best argument for the out-of-state growers who wish to challenge the new law?

The Ninth Amendment to the United States Constitution is the primary source of authority for the federal regulation of business.

What does the protection against "double jeopardy" mean?

Which of the following refer(s)to the basic fairness of laws that may deprive an individual of her life,liberty,or property?

The NLRB v.Jones & Laughlin Steel Corp.case was the turning point for the United States Supreme Court's application of the Commerce Clause to the regulation of business activities.

Which of the following is included in the Central Hudson Gas & Electric Corp.v.Public Service Commission of New York test for commercial speech?

Which constitutional amendment protects citizens from unreasonable searches and seizures and requires a finding of probable cause to issue a warrant?

Which of the following is true regarding federal taxation?

What system does the United States Constitution establish to keep the legislative branch from dominating the other branches of government?

The U.S.Constitution establishes a system of government based on the principle of unfettered state autonomy.

Which of the following are types of due process?

Which constitutional amendment gives citizens the right not to testify against themselves in a criminal case?

Which constitutional amendment protects against double jeopardy?

The process of judicial review was established in the United States Supreme Court case Marbury v.Madison.

Police power consists of the residual powers retained by each state to safeguard the health and welfare of its citizenry.

In the ________ case,the United States Supreme Court upheld a federal statute that grants federal funds for state highways to only those states in which 21 is the legal drinking age.

An Introduction to the Fundamentals of Dynamic Business Law

Business Ethics and Social Responsibility

The Uslegal System and Alternative Dispute Resolution

Administrative Law

Criminal Law and Business

Tort Law

Real, Personal, and Intellectual Property

Introduction to Contracts and Agreement

Consideration

Capacity and Legality

Reality of Assent

Contracts in Writing and Third-Party Contracts

Discharge and Remedies

Formation and Performance of Sales and Lease Contracts

Sales and Lease Contracts: Performance, Warranties, and Remedies

Negotiable Instruments: Negotiability and Transferability

Holder in Due Course, Liability, and Defenses

Secured Transactions and Bankruptcy

Agency and Liability to Third Parties

Forms of Business Organization

Corporations: Formation and Organization

Securities Regulation

Employment and Discrimination Law

Consumer Law

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