Question 1

Under the federal system used by the United States,the federal government has only limited power to regulate individuals and businesses.

Accepted Answer

A) True 
 B)False  True

Question 2

Judicial review:

Accepted Answer

A)  is the power or right of a court to hear a case 
B)  is the power of a state or federal court to declare a statute unconstitutional 
C)  is the power of an appellate court to reverse a decision made in a lower court 
D)  is the power of a federal court to declare a state or federal statute invalid if inconsistent with the constitution 
A)  is the power or right of a court to hear a case 
B)  is the power of a state or federal court to declare a statute unconstitutional 
C)  is the power of an appellate court to reverse a decision made in a lower court 
D)  is the power of a federal court to declare a state or federal statute invalid if inconsistent with the constitution D

Question 3

Substantive Due Process requires that a state statute must be published for public inspection and be clear and specific.

Accepted Answer

A) True 
 B)False  True

Question 4

Congress may place limits on the use of federal money by states as long as the limit does not affect or infringe upon a citizen's constitutional rights.

Accepted Answer

A) True 
 B)False

Question 5

According to the decision in Cavel International,Inc.v.Madigan,the clearest case of a state law that violates the commerce clause is a law that discriminates in favor of foreign or international firms.

Accepted Answer

A) True 
 B)False

Question 6

The state of Kansas has enacted a new law requiring all commercial trucks driving on Kansas roads to have special mud flaps installed.These mud flaps have been proven to make driving in the rain significantly safer due to reduced mist created by trucks driving in the rain although data regarding accidents and injuries has not yet been determined.Any truck entering Kansas must have these flaps installed or will be subject to a significant fine and delay.The cost for purchase and installation of these flaps is $1,000 per truck.In short,trucks must have these flaps or go around the state.This Kansas law:

Accepted Answer

A)  is valid because it only applies to Kansas roads and such a law is entirely intrastate 
B)  is valid because Kansas's right to protect its citizens under its police powers will override any outside challenges to this law 
C)  is invalid because this law is intended to regulate interstate commerce, an enumerated federal power 
D)  is invalid because although on its face it's an intrastate law, this statute will have a significant economic effect on interstate commerce causing an undue burden 
A)  is valid because it only applies to Kansas roads and such a law is entirely intrastate 
B)  is valid because Kansas's right to protect its citizens under its police powers will override any outside challenges to this law 
C)  is invalid because this law is intended to regulate interstate commerce, an enumerated federal power 
D)  is invalid because although on its face it's an intrastate law, this statute will have a significant economic effect on interstate commerce causing an undue burden

Question 7

After over 100 years,the Chicago Cubs have won baseball's World Series.They want a parade down Michigan Street at 10:00 am on Friday and the City tells them that the parade will be down Rush Street at noon on Saturday.The city claims that Rush Street on Saturday will provide more safety and convenience for the city's citizens.The Cubs claim a violation of their freedom of speech.If a law suit ensues,what standard of review will the court use to resolve the issue?

Accepted Answer

A)  rational basis scrutiny 
B)  intermediate-level scrutiny 
C)  strict scrutiny 
D)  no particular form of scrutiny is required in this situation 
A)  rational basis scrutiny 
B)  intermediate-level scrutiny 
C)  strict scrutiny 
D)  no particular form of scrutiny is required in this situation

Question 8

Assume that Iowa has just passed a statute requiring all non-citizens to sit in the back of public busses.That statute would be reviewed using:

Accepted Answer

A)  rational basis scrutiny 
B)  intermediate scrutiny 
C)  strict scrutiny 
D)  no particular form of scrutiny is required in this situation 
A)  rational basis scrutiny 
B)  intermediate scrutiny 
C)  strict scrutiny 
D)  no particular form of scrutiny is required in this situation

Question 9

Both commercial speech and corporate political speech are subject to intermediate scrutiny.

Accepted Answer

A) True 
 B)False

Question 10

The standard for issuance of a warrant for a search in a noncriminal administrative violation investigation is lower than for investigating a criminal offense.

Accepted Answer

A) True 
 B)False

Question 11

Kathy was returning to the United States after a vacation when the Customs Service confiscated some goods she had purchased abroad and brought back with her.The determination of whether the government acted properly and the type of hearing that she must be provided is an analysis of:

Accepted Answer

A)  Procedural Due Process 
B)  Substantial Due Process 
C)  the Equal Protection Clause 
D)  the Commerce Clause 
A)  Procedural Due Process 
B)  Substantial Due Process 
C)  the Equal Protection Clause 
D)  the Commerce Clause

Question 12

The right to privacy is a specifically named right established in the Bill of Rights.

Accepted Answer

A) True 
 B)False

Question 13

Fifth Amendment protections against self incrimination apply to corporate entities.

Accepted Answer

A) True 
 B)False

Question 14

In State Farm Mutual v.Campbell,the court laid out a three part analysis for determining the constitutionality of a statute regulating punitive damages.Which of the following is not one of the three criteria specified by the court?

Accepted Answer

A)  the degree of reprehensibility of the defendant's misconduct 
B)  the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award 
C)  whether the harm resulted from a criminal act or a civil act 
D)  the difference between the punitive damages awarded and the civil penalties authorized or imposed in similar or comparable cases 
A)  the degree of reprehensibility of the defendant's misconduct 
B)  the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award 
C)  whether the harm resulted from a criminal act or a civil act 
D)  the difference between the punitive damages awarded and the civil penalties authorized or imposed in similar or comparable cases

Question 15

Federal legislation or regulation must be authorized by a specific enumerated power in the Constitution.

Accepted Answer

A) True 
 B)False

Question 16

Powers granted to the three branches of the federal government in the Constitution are known as ________ powers.

Accepted Answer

The answer of Powers granted to the three branches of...

Question 17

The power of preemption is derived from:

Accepted Answer

A)  the power of judicial review 
B)  the Commerce Clause 
C)  the Necessary and Proper Clause 
D)  the Supremacy Clause 
A)  the power of judicial review 
B)  the Commerce Clause 
C)  the Necessary and Proper Clause 
D)  the Supremacy Clause

Question 18

In Cipollone v.Liggett Group,Inc.,et al.,Cipollone sued based on state laws regulating advertising and promotional activities in the tobacco industry.

Accepted Answer

A)  Cipollone won because the state laws were specific and were violated by the defendant 
B)  Cipollone won because although there were federal laws regulating promotion and advertising activities regarding tobacco products, they specifically authorized supplemental state laws negating preemption 
C)  Cipollone lost because the federal and state laws conflicted, negating both, so the court had no basis to make its decision 
D)  Cipollone lost because he relied on State law which was preempted by federal law 
A)  Cipollone won because the state laws were specific and were violated by the defendant 
B)  Cipollone won because although there were federal laws regulating promotion and advertising activities regarding tobacco products, they specifically authorized supplemental state laws negating preemption 
C)  Cipollone lost because the federal and state laws conflicted, negating both, so the court had no basis to make its decision 
D)  Cipollone lost because he relied on State law which was preempted by federal law

Question 19

The state of Colorado has enacted a statute limiting the size of freight trains entering the state to no more than 80 cars other than the locomotive(s)and the caboose.Assume that there is no federal law mandating a maximum limit of cars and further assume that freight trains frequently consist of over 100 cars.Colorado has justified the law saying that shorter trains are safer but their evidence is not persuasive.They also claim that very long trains inconvenience drivers and can cause major traffic jams.Trains longer than 80 cars must stop and reduce their size,employing additional locomotives to transport the cars through the state where they may again re-couple and proceed.Discuss the validity or invalidity of this law.

Accepted Answer

Colorado is asserting its police powers

Question 20

The preamble of the Constitution:

Accepted Answer

A)  sets out the structure of the government 
B)  lays out the procedures by which the government will operate 
C)  establishes boundaries of jurisdiction 
D)  states the broad objectives of the Constitution 
A)  sets out the structure of the government 
B)  lays out the procedures by which the government will operate 
C)  establishes boundaries of jurisdiction 
D)  states the broad objectives of the Constitution

Exam 2: Business and the Constitution

Under the federal system used by the United States,the federal government has only limited power to regulate individuals and businesses.

Judicial review:

Substantive Due Process requires that a state statute must be published for public inspection and be clear and specific.

Congress may place limits on the use of federal money by states as long as the limit does not affect or infringe upon a citizen's constitutional rights.

According to the decision in Cavel International,Inc.v.Madigan,the clearest case of a state law that violates the commerce clause is a law that discriminates in favor of foreign or international firms.

Assume that Iowa has just passed a statute requiring all non-citizens to sit in the back of public busses.That statute would be reviewed using:

Both commercial speech and corporate political speech are subject to intermediate scrutiny.

The standard for issuance of a warrant for a search in a noncriminal administrative violation investigation is lower than for investigating a criminal offense.

Kathy was returning to the United States after a vacation when the Customs Service confiscated some goods she had purchased abroad and brought back with her.The determination of whether the government acted properly and the type of hearing that she must be provided is an analysis of:

The right to privacy is a specifically named right established in the Bill of Rights.

Fifth Amendment protections against self incrimination apply to corporate entities.

In State Farm Mutual v.Campbell,the court laid out a three part analysis for determining the constitutionality of a statute regulating punitive damages.Which of the following is not one of the three criteria specified by the court?

Federal legislation or regulation must be authorized by a specific enumerated power in the Constitution.

Powers granted to the three branches of the federal government in the Constitution are known as ________ powers.

The power of preemption is derived from:

In Cipollone v.Liggett Group,Inc.,et al.,Cipollone sued based on state laws regulating advertising and promotional activities in the tobacco industry.

The preamble of the Constitution:

Legal Foundations

The American Judicial System,Jurisdiction,and Venue

Resolving Disputes: Litigation and Alternative Dispute Resolution Options

Business,Societal,and Ethical Contexts of Law

Overview and Formation of Contracts

Contract Performance: Conditions, Breach, and Remedies

Contracts for the Sale of Goods

Torts and Product Liability

Agency and Employment Relationships

Employment Regulation and Labor Law

Employment Discrimination

Choice of Business Entity, Sole Proprietorships, and Partnerships

Limited Liability Partnerships, limited Liability Companies, and Other Business Arrangements

Corporations

Regulation of Securities, corporate Governance, and Financial Markets

Administrative Law

Environmental Law

Antitrust and Regulation of Competition

Creditors Rights and Bankruptcy

Consumer Protection Law

Criminal Law and Procedure in Business

Personal Property, Real Property, and Land Use Law

Intellectual Property

International Law and Global Commerce

Filters