Question 1

Expression-oral, written, or symbolized by conduct-is not subject to restrictions.

Accepted Answer

A) True 
 B)False  False

Question 2

A decision by the federal Environmental Protection Agency (EPA) on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation, under the supremacy clause,

Accepted Answer

A)  both the decision and the law are invalid. 
B)  both the decision and the law apply concurrently. 
C)  California's law takes precedence. 
D)  the EPA's decision takes precedence. 
A)  both the decision and the law are invalid. 
B)  both the decision and the law apply concurrently. 
C)  California's law takes precedence. 
D)  the EPA's decision takes precedence. D

Question 3

Generally, government inspectors do not have the right to enter business premises without a warrant.

Accepted Answer

A) True 
 B)False  True

Question 4

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.

Accepted Answer

A) True 
 B)False

Question 5

Congress enacts the Supplemental Income Tax Act (SITA) to exempt the citizens of New Jersey from federal taxes until their coastal towns are rebuilt from the ravages of a recent hurricane. SITA will most likely be

Accepted Answer

A)  rendered invalid under the supremacy clause. 
B)  held to be valid under the equal protection clause. 
C)  struck down under the taxing and spending clause. 
D)  upheld under the commerce clause. 
A)  rendered invalid under the supremacy clause. 
B)  held to be valid under the equal protection clause. 
C)  struck down under the taxing and spending clause. 
D)  upheld under the commerce clause.

Question 6

Traditionally, the courts have protected the right to free speech to the fullest extent possible.

Accepted Answer

A) True 
 B)False

Question 7

Oklahoma enacts a law requiring all businesses in the state to donate 10 per?cent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Price-Lo Mart files a suit to block the law's enforcement. The court would likely hold that this law violates

Accepted Answer

A)  no clause in the U.S. Constitution. 
B)  the establishment clause. 
C)  the free exercise clause. 
D)  the supremacy clause. 
A)  no clause in the U.S. Constitution. 
B)  the establishment clause. 
C)  the free exercise clause. 
D)  the supremacy clause.

Question 8

The states can establish laws and regulations that would interfere with trade and commerce among themselves.

Accepted Answer

A) True 
 B)False

Question 9

Mariah creates a t-shirt design that expresses support for Nathan, a presidential candidate, and distributes t-shirts imprinted with the design to her friends. The t-shirts are an example of

Accepted Answer

A)  unprotected speech. 
B)  controlled speech. 
C)  symbolic speech. 
D)  illegal speech. 
A)  unprotected speech. 
B)  controlled speech. 
C)  symbolic speech. 
D)  illegal speech.

Question 10

The Bill of Rights protects individuals, but not business entities, against various types of interfer?ence by the government.

Accepted Answer

A) True 
 B)False

Question 11

Rodrick, the chief executive officer of Social Post Host Inc., claims that certain actions by the state of Texas infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit

Accepted Answer

A)  federal actions only. 
B)  federal and state actions. 
C)  federal and state actions, and actions by nongovernment entities. 
D)  actions by nongovernment entities only. 
A)  federal actions only. 
B)  federal and state actions. 
C)  federal and state actions, and actions by nongovernment entities. 
D)  actions by nongovernment entities only.

Question 12

To obtain a search warrant, law enforcement officers must convince a judge that they have reasonable grounds to believe a search will reveal evidence of a specific illegality.

Accepted Answer

A) True 
 B)False

Question 13

Savers Mart, Inc., distributes its merchandise on an inter?state basis. Under the commerce clause, Congress has the power to regulate

Accepted Answer

A)  any commercial activity in the United States. 
B)  only activities that are in intrastate commerce. 
C)  only activities that are in local commerce. 
D)  none of the choices. 
A)  any commercial activity in the United States. 
B)  only activities that are in intrastate commerce. 
C)  only activities that are in local commerce. 
D)  none of the choices.

Question 14

According to the United States Supreme Court, the First Amendment prevents limits from being placed on independent political expenditures by corporations.

Accepted Answer

A) True 
 B)False

Question 15

Coffee Klatch Party Group, a political organization, files a claim to challenge a Delaware statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to

Accepted Answer

A)  equal protection of the law. 
B)  privacy. 
C)  procedural due process. 
D)  substantive due process. 
A)  equal protection of the law. 
B)  privacy. 
C)  procedural due process. 
D)  substantive due process.

Question 16

Sustainable Products Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is given

Accepted Answer

A)  discouraged. 
B)  forbidden. 
C)  protected. 
D)  required. 
A)  discouraged. 
B)  forbidden. 
C)  protected. 
D)  required.

Question 17

The First Amendment does not require a complete separation of church and state.

Accepted Answer

A) True 
 B)False

Question 18

Utah enacts a law that restricts certain kinds of advertising to protect consumers from being misled. This law would likely be held by a court to be

Accepted Answer

A)  an unconstitutional restriction of speech. 
B)  constitutional under the First Amendment. 
C)  justified by the need to protect individual rights. 
D)  necessary to protect state interests. 
A)  an unconstitutional restriction of speech. 
B)  constitutional under the First Amendment. 
C)  justified by the need to protect individual rights. 
D)  necessary to protect state interests.

Question 19

The Pennsylvania Consumer Protection Agency (PCPA) investigates the marketing practices of Respond Now!, Inc. The PCPA serves a subpoena on Respond Now!, ordering the firm to provide certain business records, including its marketing agreements with other companies. Respond Now! refuses to comply with the subpoena. On what is the company most likely basing its refusal? Is a court likely to support this position? Why or why not?

Accepted Answer

Respond Now! is most likely refusing to

Question 20

Taco Hot Dogs, Inc., regularly advertises its products. Under the First Amendment, in comparison with noncommercial speech, the protection given these ads is

Accepted Answer

A)  equally extensive. 
B)  less extensive. 
C)  more extensive. 
D)  non-existent. 
A)  equally extensive. 
B)  less extensive. 
C)  more extensive. 
D)  non-existent.

Exam 4: Business and the Constitution

Expression-oral, written, or symbolized by conduct-is not subject to restrictions.

A decision by the federal Environmental Protection Agency (EPA) on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation, under the supremacy clause,

Generally, government inspectors do not have the right to enter business premises without a warrant.

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.

Congress enacts the Supplemental Income Tax Act (SITA) to exempt the citizens of New Jersey from federal taxes until their coastal towns are rebuilt from the ravages of a recent hurricane. SITA will most likely be

Traditionally, the courts have protected the right to free speech to the fullest extent possible.

The states can establish laws and regulations that would interfere with trade and commerce among themselves.

Mariah creates a t-shirt design that expresses support for Nathan, a presidential candidate, and distributes t-shirts imprinted with the design to her friends. The t-shirts are an example of

The Bill of Rights protects individuals, but not business entities, against various types of interfer?ence by the government.

Rodrick, the chief executive officer of Social Post Host Inc., claims that certain actions by the state of Texas infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit

To obtain a search warrant, law enforcement officers must convince a judge that they have reasonable grounds to believe a search will reveal evidence of a specific illegality.

Savers Mart, Inc., distributes its merchandise on an inter?state basis. Under the commerce clause, Congress has the power to regulate

According to the United States Supreme Court, the First Amendment prevents limits from being placed on independent political expenditures by corporations.

Coffee Klatch Party Group, a political organization, files a claim to challenge a Delaware statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to

Sustainable Products Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is given

The First Amendment does not require a complete separation of church and state.

Utah enacts a law that restricts certain kinds of advertising to protect consumers from being misled. This law would likely be held by a court to be

Taco Hot Dogs, Inc., regularly advertises its products. Under the First Amendment, in comparison with noncommercial speech, the protection given these ads is

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