Exam 5: Business and the Constitution

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Article III of the U.S. Constitution establishes the judicial branch of government.

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Which of the following enjoy full First Amendment protections?

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The Bill of Rights covers freedom of speech.

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In which of the following areas of constitutional law is the nexus test used?

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Jane Stevenson was removed as head cheerleader from her high school cheer squad because she violated one of the school rules by drinking alcohol on the team bus as the team and cheer squad traveled to an away game. Jane feels she has an explanation and defense for what happened. Which of the Constitution might provide her with a review of her dismissal as head cheerleader?

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Which of the following is currently the test for determining whether conduct is or is not interstate commerce?

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Son-of-Sam laws:

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In those areas in which federal laws and regulation are extensive and detailed, the likelihood is that the Supremacy Clause precludes state regulation.

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The police power of the states:

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Janis Hoffman was involved in a tailgate brawl that took place in the parking lot of State U just prior to one of State's football games. Janis and others have charges pending with the county attorney. State U has filed charges against Janis and the others for violation of State U's code of conduct that prohibits disorderly conduct on university property. She has been suspended for a semester. When she requested a hearing she was told that the charges by the county were sufficient proof for her university misconduct charges.

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The Bipartisan Campaign Reform Act is more commonly referred to as the law.

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The U.S. Supreme Court has prohibited regulation of advertising by professionals.

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Which of the following qualifies as a presence in a state for purposes of collecting sales tax from an Internet merchant?

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Which case ruled that when acting as a private person even the president of the United States is not above the law?

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The Supreme Court uses the direct and immediate effect test in reviewing congressional regulation of interstate commerce.

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The states' police powers are subject to a balancing test.

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Which of the following sections of the U.S. Constitution establishes the judicial branch of government?

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States can never regulate interstate commerce.

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Congress passed a law prohibiting any organization from spending money on ads against ballot propositions. The legislative history shows that Congress found that organizations spend far too much money on these ads and regular citizens' voices cannot be heard and disseminated against such powerful communication. The statute:

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The First Amendment prohibits state regulation of false advertising.

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