Question 1

A statute that requires only out-of-state milk companies to undergo additional testing for their products is unconstitutional.

Accepted Answer

A) True 
 B)False

Question 2

Which of the following areas has Congress preempted?

Accepted Answer

A)  auto vehicle safety standards 
B)  aircraft routes 
C)  both a and b 
D)  none of the above 
A)  auto vehicle safety standards 
B)  aircraft routes 
C)  both a and b 
D)  none of the above

Question 3

Which of the following is not a requirement for a valid state tax?

Accepted Answer

A)  Tax cannot discriminate against interstate business. 
B)  Tax cannot apply to businesses in interstate commerce. 
C)  There must be a sufficient nexus between the state and the business being taxed. 
D)  none of the above 
A)  Tax cannot discriminate against interstate business. 
B)  Tax cannot apply to businesses in interstate commerce. 
C)  There must be a sufficient nexus between the state and the business being taxed. 
D)  none of the above

Question 4

Which of the following is not a relevant issue examined in a preemption issue?

Accepted Answer

A)  legislative history 
B)  level of detail in the federal regulation 
C)  benefits of federal regulation 
D)  degree of conflict 
E)  All of the above are relevant issues. 
A)  legislative history 
B)  level of detail in the federal regulation 
C)  benefits of federal regulation 
D)  degree of conflict 
E)  All of the above are relevant issues.

Question 5

The State of Louisiana's Sunday closing law provides that "all stores, shops, saloons, and all places of public business, licensed under the law of Louisiana or under any parochial or municipal law, shall be closed on Sunday." The statute had 25 exemptions including drug stores, hotels, restaurants, theaters, the 1984 Exposition, and stores occupying a space of 1,500 square feet or less. Home Depot wishes to challenge the closing law on its constitutionality. What constitutional provisions would apply?

Accepted Answer

The state is using its police power, but

Question 6

Trailer-on-flatcar (TOFC or "piggyback") service is a form of mixed train and truck transportation that enables a carrier to transport a trailer and its contents over rail on a flatcar and then to haul the trailer on the highway. The shipment remains within the trailer during the entire journey. The Interstate Commerce Commission (ICC) prohibits states from regulating this mode of shipment since the ICC has extensive regulations in the rail and interstate trucking industry. Discuss the constitutional implications of this decision.

Accepted Answer

Students should discuss the is

Question 7

Which two amendments to the U.S. Constitution provide for equal protection?

Accepted Answer

A)  First and Fourth 
B)  Fourth and Fifth 
C)  First and Fifth 
D)  Fifth and Fourteenth 
A)  First and Fourth 
B)  Fourth and Fifth 
C)  First and Fifth 
D)  Fifth and Fourteenth

Question 8

Corporations cannot make political contributions because of First Amendment constraints.

Accepted Answer

A) True 
 B)False

Question 9

Spiegel, Inc., has a catalog merchandise return facility in Nevada. Spiegel employs many phone operators for processing return requests, and merchandise is returned to the facility and stored there for later dispatch. The state of Nevada has proposed taxing Spiegel's full inventory based on the theory that it could have passed through the Nevada facility. Spiegel's main warehouse is in Chicago, Illinois. Nevada:

Accepted Answer

A)  has the power to tax Spiegel's full inventory because of its location in the state. 
B)  has the power to tax Spiegel so long as all merchants in Nevada are taxed the same way. 
C)  has properly apportioned its tax since it only applies to inventory and not income. 
D)  does not have the authority under the U.S. Constitution to tax Spiegel's full inventory. 
A)  has the power to tax Spiegel's full inventory because of its location in the state. 
B)  has the power to tax Spiegel so long as all merchants in Nevada are taxed the same way. 
C)  has properly apportioned its tax since it only applies to inventory and not income. 
D)  does not have the authority under the U.S. Constitution to tax Spiegel's full inventory.

Question 10

The First Amendment:

Accepted Answer

A)  does not afford protection for corporate political speech. 
B)  does not permit regulation of corporate advertising. 
C)  provides limited protection for corporate political speech. 
D)  is applied differently to commercial speech. 
E)  none of the above 
A)  does not afford protection for corporate political speech. 
B)  does not permit regulation of corporate advertising. 
C)  provides limited protection for corporate political speech. 
D)  is applied differently to commercial speech. 
E)  none of the above

Question 11

LL Bean has warehouse facilities in Maine, Nevada, Washington, Idaho, Utah, and North Dakota.

Accepted Answer

A)  Any states in which LL Bean does business can tax the warehouse inventory. 
B)  Any states in which LL Bean has warehouses can tax LL Bean on all of its inventory. 
C)  Any state in which LL Bean has warehouses can tax LL Bean on the inventory in that state. 
D)  none of the above 
A)  Any states in which LL Bean does business can tax the warehouse inventory. 
B)  Any states in which LL Bean has warehouses can tax LL Bean on all of its inventory. 
C)  Any state in which LL Bean has warehouses can tax LL Bean on the inventory in that state. 
D)  none of the above

Question 12

An unconstitutionally vague statute cannot be a basis for criminal prosecution.

Accepted Answer

A) True 
 B)False

Question 13

To be constitutional, federal statutes regulating commerce within a state must involve some economic activity.

Accepted Answer

A) True 
 B)False

Question 14

Corporate political speech is afforded the same First Amendment protection as individual political speech.

Accepted Answer

A) True 
 B)False

Question 15

The Fifth Amendment and Fourteenth Amendment are the "due process" amendments.

Accepted Answer

A) True 
 B)False

Question 16

There are no limitations on what constitutes an effect on interstate commerce for purposes of constitutionality of a federal statute.

Accepted Answer

A) True 
 B)False

Question 17

The state of Arizona has passed a law requiring state agencies to conduct their business with the public in both Spanish and English. A voters' referendum repealed the law and several citizens' groups brought suit challenging the referendum as a violation of their U.S. Constitutional rights. What would be the basis of their suit?

Accepted Answer

Due process; equal r

Question 18

The Internet Tax Freedom Act of 1998 prohibits sales tax on Internet transactions.

Accepted Answer

A) True 
 B)False

Question 19

During President Obama's State of the Union address in 2009, Justice Alito was captured on camera visibly disagreeing with the President about that case's outcome.

Accepted Answer

A) True 
 B)False

Question 20

The Commerce Clause authorizes Congress to regulate interstate and international commerce.

Accepted Answer

A) True 
 B)False

A statute that requires only out-of-state milk companies to undergo additional testing for their products is unconstitutional.

Which of the following areas has Congress preempted?

Which of the following is not a requirement for a valid state tax?

Which of the following is not a relevant issue examined in a preemption issue?

Which two amendments to the U.S. Constitution provide for equal protection?

Corporations cannot make political contributions because of First Amendment constraints.

The First Amendment:

LL Bean has warehouse facilities in Maine, Nevada, Washington, Idaho, Utah, and North Dakota.

An unconstitutionally vague statute cannot be a basis for criminal prosecution.

To be constitutional, federal statutes regulating commerce within a state must involve some economic activity.

Corporate political speech is afforded the same First Amendment protection as individual political speech.

The Fifth Amendment and Fourteenth Amendment are the "due process" amendments.

There are no limitations on what constitutes an effect on interstate commerce for purposes of constitutionality of a federal statute.

The Internet Tax Freedom Act of 1998 prohibits sales tax on Internet transactions.

During President Obama's State of the Union address in 2009, Justice Alito was captured on camera visibly disagreeing with the President about that case's outcome.

The Commerce Clause authorizes Congress to regulate interstate and international commerce.

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Administrative Law

International Law

Business Crime

Business Torts

Cyberlaw, Social Media, and Privacy

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts: Performance, Remedies, and Rights

Sales: Product Advertising and Liability

Products: Business Intellectual Property

Business Competition: Antitrust

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management: Employee Welfare

Management: Employment Discrimination

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Exam 5: Business and the Constitution

A statute that requires only out-of-state milk companies to undergo additional testing for their products is unconstitutional.

Which of the following areas has Congress preempted?

Which of the following is not a requirement for a valid state tax?

Which of the following is not a relevant issue examined in a preemption issue?

Which two amendments to the U.S. Constitution provide for equal protection?

Corporations cannot make political contributions because of First Amendment constraints.

The First Amendment:

LL Bean has warehouse facilities in Maine, Nevada, Washington, Idaho, Utah, and North Dakota.

An unconstitutionally vague statute cannot be a basis for criminal prosecution.

To be constitutional, federal statutes regulating commerce within a state must involve some economic activity.

Corporate political speech is afforded the same First Amendment protection as individual political speech.

The Fifth Amendment and Fourteenth Amendment are the "due process" amendments.

There are no limitations on what constitutes an effect on interstate commerce for purposes of constitutionality of a federal statute.

The Internet Tax Freedom Act of 1998 prohibits sales tax on Internet transactions.

During President Obama's State of the Union address in 2009, Justice Alito was captured on camera visibly disagreeing with the President about that case's outcome.

The Commerce Clause authorizes Congress to regulate interstate and international commerce.

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Administrative Law

International Law

Business Crime

Business Torts

Cyberlaw, Social Media, and Privacy

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts: Performance, Remedies, and Rights

Sales: Product Advertising and Liability

Products: Business Intellectual Property

Business Competition: Antitrust

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management: Employee Welfare

Management: Employment Discrimination

Filters