Deck 4: Constitutional bases for business regulation

Question 1

State law is preempted when it directly conflicts with federal law or when Congress has manifested an intention to regulate the entire area without state participation.

Answer 1

True

Question 2

The Equal Protection Clause of the Fourteenth Amendment limits the power of the federal government to regulate commerce.

Answer 2

False

Question 3

Obscene material does not enjoy any protection under the First Amendment.

Answer 3

True

Question 4

Misleading advertising may not be entirely prohibited.

Question 5

The U.S.Supreme Court upheld a federal law banning guns near schools as being within Congress's power under the Commerce Clause.

Question 6

In the U.S.racist speech is unprotected by the First Amendment.

Question 7

The Fifth Amendment contains the "due process" restriction on actions by the federal government.

Question 8

The Free Exercise Clause prohibits all restrictions on the practice of religion.

Question 9

The Seventh Amendment to the U.S.Constitution has not been incorporated to apply to the states.

Question 10

The Second Amendment to the U.S.Constitution grants persons the right to bear arms.

Question 11

Eminent Domain is the power of government to take property for private uses.

Question 12

The right to privacy has been interpreted to be a fundamental right.

Question 13

No provisions of the Bill of Rights have been held to limit the actions of state governments because the Bill of Rights only applies to federal government actions.

Question 14

The U.S.Supreme Court struck down as unconstitutional the line-item veto given to the president by Congress.

Question 15

Under some circumstances a law passed by Congress may be valid even if it violates the U.S.Constitution.

Question 16

Procedural due process protects fundamental rights.

Question 17

The Tenth Amendment immunizes states from lawsuits in federal court brought by citizens of another state or of another nation.

Question 18

The doctrine of federalism serves to allocate power between the federal government and government by the states.

Question 19

The U.S.Supreme Court has original jurisdiction over cases affecting ambassadors and cases in which a state is a party.

Question 20

Executive privilege provides the President qualified or partial immunity from damages liability predicated on his official acts.

Question 21

A law enacted to punish a specific individual would be an example of a(n)

A)bill of attainder
B)ex post facto law
C)proscriptive law
D)per se law

Question 22

Which of the following is not considered in analyzing the First Amendment right of free speech?

A)The time,place and manner of the speech.
B)The clear and present danger of the speech.
C)The requirement that the regulation constitute the least restrictive means available under the First Amendment Legal Protection Act passed by Congress.
D)The obscene nature of speech.

Question 23

Which of the following is not an example of a specialized court created by Congress under Article I of the Constitution?

A)United States Bankruptcy Court
B)United States Appellate Court
C)United States Tax Court
D)The courts of the District of Columbia

Question 24

Under the doctrine of _____________,the federal government has certain powers while other powers are inherently in the domain of the states.

A)due process
B)equal protection
C)federalism
D)separation of powers

Question 25

Which of the following does the First Amendment guarantee?

A)Freedom of speech and religion only.
B)Freedom of religion and the press only.
C)Freedom of speech,freedom of religion,and freedom of the press only.
D)Freedom of speech,freedom of religion,freedom of the press,and freedom of assembly.

Question 26

The Bill or Rights consists of which of the following?

A)The first ten amendments to the U.S.Constitution.
B)The first five amendments to the U.S.Constitution.
C)All amendments to the U.S.Constitution.
D)All amendments to the U.S.Constitution after the first ten amendments were passed.

Question 27

The president has a type of immunity know as _____________,which protects against the forced disclosure of presidential communications made in the exercise of executive power.

A)immunity privilege
B)federal privilege
C)executive privilege
D)mandated privilege

Question 28

All powers not expressly given to the federal government in the Constitution rest with either the

A)States or the federal government
B)Federal government or the people
C)States or the people
D)None of the responses are correct

Question 29

The _____________ Clause of Article VI of the U.S.Constitution states that the Constitution,laws,and treaties of the United States take precedence over state laws and that the judges of the state courts must follow federal law.

A)Supremacy
B)Federalization
C)Legalism
D)Preemption

Question 30

Under Article I,Section 8,Congress has the power to

A)declare war
B)spend to provide for the general welfare
C)regulate commerce among the states
D)all of the responses are correct

Question 31

In what year did the U.S.Constitution become effective?

A)1776
B)1789
C)1774
D)1790

Question 32

Under the Supremacy Clause,federal courts have the power to review the acts of states to determine whether they violate _________ and are therefore invalid.

A)the U.S.Constitution
B)federal statutes
C)ratified treaties
D)all of the responses are correct

Question 33

The Fifth Amendment does not contain the

A)self incrimination provision
B)grand jury requirement
C)jury trial requirement
D)double jeopardy prohibition

Question 34

Under Supreme Court rulings,the protections granted in the Bill of Rights are applied to the States by the ________ Amendment.

A)Tenth
B)Eleventh
C)Thirteenth
D)Fourteenth

Question 35

What did the U.S.Supreme Court decide regarding whether the Violent Crimes Against Women Act was validly enacted by Congress?

A)That the law was validly enacted under the authority of the due process clause of the U.S. Constitution.
B)That the law was validly enacted under the authority of the equal protection clause of the U.S. Constitution.
C)That the law was not valid because it discriminated against men.
D)That the law was not valid because Congress exceeded its authority under the Commerce Clause of the U.S.Constitution.

Question 36

Laws that punish actions that were not illegal when performed are known as

A)bills of attainder
B)proscriptive laws
C)ex post facto laws
D)criminal laws

Question 37

Which court(s)were specifically created by the Constitution?

A)Supreme Court
B)Federal District Courts
C)Federal Courts of Appeals
D)All of the responses are correct

Question 38

Congress can override a president's veto by a _________ vote of both the House of Representatives and the Senate.

A)majority
B)two-thirds
C)three-quarters
D)unanimous

Question 39

The division of power among the executive,legislative and judicial branches of government is typically referred to as

A)federalism
B)judicial review
C)separation of powers
D)the Supremacy clause

Question 40

Which of the following is not one of the three branches of government?

A)The legislative branch
B)The judicial branch
C)The representative branch
D)The executive branch

Question 41

The process whereby citizens in some states can initiate change on their own without going through their elected representatives is called a(n):

A)Initiative process
B)Due process procedure
C)Inventive process
D)Public policy procedure

Question 42

Fact pattern 4-2
Wally,a law school student,is an intern for Rebecca,an assistant professor who is attempting to get tenure at Imperial Law School in part by getting an article published on the right to a jury trial.Rebecca asks Wally to explain to her the right to a jury trial under the U.S.Constitution as applied to jury trials involving state law.
Refer to fact pattern 4-2.What should Wally tell Rebecca regarding whether the U.S.Constitution requires that jury trials be held in state court civil cases?

A)That there is no federal constitutional requirement that jury trials be held in state court civil cases.
B)That the federal constitution requires that jury trials be held in state court civil cases only if the controversy involved exceeds the amount of $75,000.
C)That the federal constitution requires that jury trials be held in state court civil cases only if the controversy involved exceeds the amount of $20.
D)That is all state court civil cases the federal constitution gives any party the right to demand a jury trial.

Question 43

Fact pattern 4-1
Martin is a legal secretary for Allison,a partner in a large law firm in Knoxville.Allison finds Martin quite annoying.The last straw occurs when Martin tells Allison that she looks pale and appears to have been partying a bit too hard.Allison fires Martin on the spot.Martin tells Allison that he has been studying constitutional law and that she is guilty of violating not only his due process rights but his equal protection rights as well.Martin says that he was entitled to a hearing before any disciplinary action was taken and that the firm's practice is that all secretaries are entitled to tell attorneys when they do not appear to be functioning at their best.Martin says that he is filing suit tomorrow.
Refer to fact pattern 4-1.Which of the following is rue regarding Martin's ability to win on a claim alleging violation of the equal protection clause of the fourteenth amendment to the U.S.Constitution?

A)Martin will lose.
B)Martin will lose only if other female secretaries have been fired under similar circumstances.
C)Martin will lose only if other female and male secretaries have been fired under similar circumstances.
D)Whether Martin will lose or win depends on whether the judge decides to apply a rational basis test or a strict scrutiny test to his claims.

Question 44

Fact pattern 4-2
Wally,a law school student,is an intern for Rebecca,an assistant professor who is attempting to get tenure at Imperial Law School in part by getting an article published on the right to a jury trial.Rebecca asks Wally to explain to her the right to a jury trial under the U.S.Constitution as applied to jury trials involving state law.
Refer to fact pattern 4-2.What should Wally tell Rebecca regarding whether the U.S.Constitution requires that jury trials be held in federal civil court cases applying state law?

A)That the U.S.Constitution requires that a jury trial be held only if the controversy exceeds the amount of $75,000 and the parties involved are all residents of the same state.
B)That the U.S.Constitution requires that a jury trial be held in all such trials.
C)That the U.S.Constitution does not provide the right to a jury in such situations.
D)That the U.S.Constitution provides that when a federal court has jurisdiction in a case based solely on diversity of citizenship,the federal court should require a jury trial only if a state court in that state would require a jury trial.

Question 45

When equal protection is concerned,classifications based on race are subject to a ____________ test.

A)rational basis
B)strict scrutiny
C)intermediate-level
D)race-based

Question 46

Whenever a governmental action affects a person's life,liberty,or property,the due process requirement applies,and some form of _________ is required.

A)notice and hearing
B)fundamental right
C)equal protection
D)just compensation

Question 47

Fact pattern 4-2
Wally,a law school student,is an intern for Rebecca,an assistant professor who is attempting to get tenure at Imperial Law School in part by getting an article published on the right to a jury trial.Rebecca asks Wally to explain to her the right to a jury trial under the U.S.Constitution as applied to jury trials involving state law.
Refer to fact pattern 4-2.Which of the following sections of the U.S.Constitution should Wally reference when discussing the matter of the right to a jury trial with Rebecca?

A)The First Amendment
B)The Fifth Amendment
C)The Seventh Amendment
D)Article One,Section Eight

Question 48

The _________ Amendment provides that no state shall "deprive any person of life,liberty,or property,without due process of law."

A)Fifth
B)Tenth
C)Eleventh
D)Fourteenth

Question 49

The Supremacy Clause of Article VI requires that judges of state courts must follow

A)applicable federal law
B)applicable state law
C)either federal or state law
D)both federal and state law

Question 50

The President also has the power to make treaties

A)with the advice and consent of the House of Representatives.
B)with the advice and consent of the Senate.
C)with the advice and consent of both the House of Representatives and the Senate.
D)without the advice and consent of either the House of Representatives or the Senate.

Question 51

Fact pattern 4-1
Martin is a legal secretary for Allison,a partner in a large law firm in Knoxville.Allison finds Martin quite annoying.The last straw occurs when Martin tells Allison that she looks pale and appears to have been partying a bit too hard.Allison fires Martin on the spot.Martin tells Allison that he has been studying constitutional law and that she is guilty of violating not only his due process rights but his equal protection rights as well.Martin says that he was entitled to a hearing before any disciplinary action was taken and that the firm's practice is that all secretaries are entitled to tell attorneys when they do not appear to be functioning at their best.Martin says that he is filing suit tomorrow.
Refer to fact pattern 4-1.Which of the following is true regarding Martin's ability to win on a claim alleging violation of the due process clause of the U.S.Constitution?

A)Martin will win only if he can establish that the law firm has at least one governmental client.
B)Martin will win if he can establish that all other secretaries fired within at least the last year were given a hearing before termination.
C)Martin will win if he can establish that at least one secretary fired within the last year was given a hearing before termination.
D)Martin will lose because state action was not involved.

Question 52

The U.S.Supreme Court held the line-item veto to be unconstitutional because it violated

A)due process
B)federalism
C)separation of powers
D)sovereign immunity

Question 53

State X has just passed a law prohibiting an insurance company from canceling for any reason any physician's malpractice insurance coverage regardless of what any current policy provides.State X claims that the law is needed to protect physicians and guarantee the provision of medical coverage to citizens.The insurers claim that the law is invalid based upon Article I,Section 10 of the Constitution.Set forth the provisions of that section,discuss how it is applied,and whether the law should be upheld.

Question 54

When equal protection is concerned,classifications based on gender are subject to a(n)____________ test.

A)rational basis
B)strict scrutiny
C)intermediate-level
D)gender-based

Question 55

The Eleventh Amendment immunizes states from lawsuits in federal court brought by

A)citizens of another state
B)citizens of another nation
C)citizens of another state and also citizens of another nation
D)citizens of another state but not citizens of another nation

Question 56

Article I,Section 10 of the Constitution specifically prohibits a state legislature from

A)impairing the obligation of existing contracts
B)discriminating against out of state businesses
C)denying citizens of other states the privileges and immunities of its citizens
D)denying any citizen due process of law

Question 57

State X has passed legislation to limit the amount of out-of-state widgets sold in the state.You are asked by an out of state manufacturer to file a complaint in federal court to fight the law.What is your best argument?

Question 58

The Tiny Motel is located in State X.It is not readily accessible from any major highway.Few,if any of their guests are from out of state.The motel has filed suit in federal court to be exempt from the anti-discrimination provisions of the Civil Rights Act of 1964.What are the arguments for a and against exemption?

Question 59

Fact pattern 4-3
Polly owns restaurant which seats 50 people.She just learns of a newly enacted city law in her jurisdiction requiring that all restaurants,but not other businesses,pay a special tax allocated to the health department to be used for inspections of restaurants.She also learned that Frank,the local mayor who recently went through a nasty divorce,was able to get passed a law requiring that restaurants owned by women pay a higher fee to receive a business license than those owned by men.Polly is angry about both laws and wants to take action to have them struck down.
Refer to fact pattern 4-3.Which of the following would be the city's best argument that the law pertaining to more frequent inspections of larger restaurants should be upheld?

A)That under the rational basis test,inspections by the health department are needed in order to guard against food-borne illnesses.
B)That under the strict scrutiny test,restaurants should be expected to pay certain fees because they are a non-essential service.
C)That under the intermediate-level scrutiny test restaurants should be expected to pay certain fees because products used in interstate commerce are invariably involved.
D)The city does not have a good argument because there is no justification for the distinction under the intermediate-level scrutiny test.

Question 60

Fact pattern 4-3
Polly owns restaurant which seats 50 people.She just learns of a newly enacted city law in her jurisdiction requiring that all restaurants,but not other businesses,pay a special tax allocated to the health department to be used for inspections of restaurants.She also learned that Frank,the local mayor who recently went through a nasty divorce,was able to get passed a law requiring that restaurants owned by women pay a higher fee to receive a business license than those owned by men.Polly is angry about both laws and wants to take action to have them struck down.
Refer to fact pattern 4-3.Which of the following is the city's best argument that the law imposing a higher fee on female restaurant owners should be upheld?

A)That under the rational basis test,females should pay higher taxes so long as it can be shown that they have a higher rate of business failure.
B)That under the intermediate-level test,distinctions involving gender are examined in the same way as distinctions based on guarantees in the Bill of Rights,and that the Bill of Rights allows gender-based classifications.
C)That under the strict scrutiny test,complaints made by owners of businesses whose conduct could affect health are reviewed strictly resulting in government regulation being upheld.
D)The city does not have a good argument because there is no justification for the distinction under the intermediate-level test.

Question 61

State X has just passed a law requiring all state universities to adjust their admissions criteria so that the student body reflects the racial make-up of the state population as a whole.Phil is an otherwise qualified student who has been denied admission under the new criteria.What constitutional arguments can Phil raise to seek admission? How would the court most likely decide the case and why? Discuss.

Question 62

Bruce is in charge of the library for a local public school and asks you if he is required to take any action to prevent students from viewing obscene material.What would you tell him?

Question 63

State Y is planning a new superhighway.The traffic in state Y does not require any new roads.However,the state wishes to be the first in the U.S.to have a wild animal park running down the center of its highway.This will require 40% more land than ordinary superhighways.Claiming the power of eminent domain,the State has attempted to take Greg's house.Greg has filed suit to prevent this.How will the court decide this case and why?

Question 64

In order to qualify for a public permit,State A has just passed a law requiring all organizations to file in advance the text of any and all speeches to be used in a rally.You are the attorney for the National Association of Homeless Persons,(NAHP)which wishes to hold a rally.You file suit based on your organization's First Amendment rights.How would the court most likely decide your case and why? Discuss.