Deck 2: Business and the Constitution

Question 1

Punitive damages are intended to punish wrongdoers in civil actions.

Answer 1

True
Explanation: Punitive damages punish wrongdoers and deter unlawful action in the future by creating an additional penalty.

Question 2

The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act is commonly called the ________ Act.

Answer 2

USA Patriot

Question 3

Government acts that affect semi-suspect or quasi-suspect classifications require that the court apply ________ scrutiny to determine the act's validity.

Answer 3

Intermediate-level

Question 4

Commerce which is wholly contained within a state and which has no effect on other states or foreign countries is called ________ commerce.

Question 5

Congress's broadest powers are derived from the Commerce Clause.

Question 6

Amendments to the Constitution function as a protection of the citizenry from unlawful or repressive acts of the government.

Question 7

The legal authority that a court must have to hear a case is called _______.

Question 8

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

Question 9

The right of states to protect its citizenry is called its _______.

Question 10

Growing marijuana for purely personal medical use while possessing a valid prescription in a state that has approved medical use of marijuana has been found to be interstate commerce.

Question 11

In U.S.v.Lopez,the Supreme Court agreed with Congress saying that gun possession in schools made it more difficult for a student to obtain an education and was therefore an interstate commerce issue.

Question 12

The inherent right of the federal government to protect its citizenry's health,safety and welfare is referred to as the federal government's police powers.

Question 13

Veto power is a power granted to the ________ branch of government.

Question 14

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.

Question 15

Strict scrutiny requires that a state prove that it is acting to promote an important government objective and that the proposed act is substantially related to the government's objective.

Question 16

The government's system of checks and balances is called the _______.

Question 17

Fifth Amendment protections against self incrimination apply to corporate entities.

Question 18

The case of Marbury v.Madison established the federal court's power of _______.

Question 19

Most privacy rights afforded in the Constitution do not extend to the workplace.

Question 20

A question put to voters during a state election to decide a particular issue may be called a ballot initiative,a referendum or a _______.

Question 21

Commercial speech has always been afforded protection under the First Amendment.

Question 22

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.

Question 23

Obscenity regulation of commercial speech is subject to the same scrutiny as any other government regulation of commercial speech.

Question 24

States were not subject to Bill of Rights restrictions until after the Civil War.

Question 25

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

Question 26

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

Question 27

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

Question 28

The First Amendment prohibits individuals from encroaching or prohibiting another person's freedom of speech.

Question 29

Typically,political speech by corporations is fully protected by the First Amendment.

Question 30

Under the Constitution,Congress has the enumerated power to appoint federal officers and judges.

Question 31

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

Question 32

Professor Jones accuses Kim,one of his students,of cheating on an exam.Professor Jones arranges a hearing to be held in front of the University's Academic Honesty Board and she is informed that she must prove her innocence before Professor Jones must prove her guilt.Kim is being denied her Substantive Due Process rights.

Question 33

Marbury v.Madison,decided in 1803,is no longer considered valid precedent and has been preempted by statute.

Question 34

Enumerated powers are those rights and powers granted in the Constitution to the individual states.

Question 35

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

Question 36

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

Question 37

In U.S.v.Morrison,the court found that commerce power was a legitimate justification to validate the right of women to sue their attackers for monetary damages under the Violence Against Women Act.

Question 38

Congress may tax activities and property that it might not be authorized to regulate under any of the enumerated regulated powers.

Question 39

Placing conditions on the use of federal money given to states is most often accomplished by interpreting the Commerce Clause.

Question 40

States may never regulate commerce that crosses state borders as this is an exclusive federal power.

Question 41

The power to impeach and remove is a check and balance power of the:

A) executive branch
B) legislative branch
C) judicial branch
D) it is a power shared by all three governmental branches

Question 42

Protections under the Bill of Rights were extended to include restrictions and actions by state governments under the:

A) Twelfth Amendment
B) Thirteenth Amendment
C) Fourteenth Amendment
D) Fifteenth Amendment

Question 43

Treaties:

A) may be entered into by the President without oversight or approval
B) are entered into by the President subject to House approval
C) are entered into by the President subject to Senate approval
D) are entered into by the President subject to joint House and Senate approval

Question 44

In the cases of Heart of Atlanta Motel v.U.S.and Katzenbach v.McClung,the Supreme Court found illegal discrimination under the Civil Rights Act of 1964 by applying:

A) the Commerce Clause
B) the Supremacy Clause
C) the Necessary and Proper Clause
D) the Equal Protection Clause

Question 45

One criticism of the USA Patriot Act is that:

A) adequate safeguards are not in place to prevent the government from using the act to invade citizen's privacy
B) too much due process is being given to alleged terrorists under the Act's provisions
C) penalties for those found guilty under the act are not harsh enough
D) penalties for those found guilty under the act are too harsh and constitute cruel and unusual punishment

Question 46

In Cavel International,Inc.v.Madigan,Cavel,the only exporter of horsemeat to Europe for human consumption fought an Illinois state law prohibiting the slaughter of horses if the primary reason for slaughter was to produce horsemeat for sale.The court decided:

A) Illinois had a legitimate interest in prolonging the lives of certain animals and there was only a minimal effect on interstate or foreign commerce
B) Illinois could enforce the law intrastate but if the meat was exported the law interfered with foreign commerce and was therefore invalid
C) Illinois could enforce the law if it extended to all animals but they could not protect some and ignore others
D) Illinois could not enforce the law because Cavel was the sole company in the state exporting meat and the law targeted them unfairly

Question 47

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

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 48

The primary authorization of Constitutional powers is given to Congress under:

A) the Preamble to the Constitution
B) Article I of the Constitution
C) Article VI of the Constitution
D) the Bill of Rights

Question 49

In Pagan v.Fruchey and Village of Glendale,Pagan sued questioning a village ordinance prohibiting the parking of a car on a public street displaying it for sale.Pagan won because:

A) Glendale's law violated Pagan's commercial speech rights which are absolute
B) Glendale was unable to prove that Pagan's speech was unlawful
C) Glendale's ordinance was broader than necessary to accomplish the Village's governmental interest
D) Glendale did not prove that the ordinance directly advanced their claimed governmental interest because they based their argument on opinion rather than data

Question 50

When a state action is found to be based on a semi-suspect (a/k/a quasi-suspect)classification the courts will employ:

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

Question 51

The Equal Protection Clause is contained in the:

A) First Amendment
B) Fifth Amendment
C) Sixth Amendment
D) Fourteenth Amendment

Question 52

If Alabama passes a statute specifically permitting high school girls to try out and play on varsity high school football teams if qualified,that statute would be reviewed using:

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

Question 53

Assume that the state of Georgia has just raised the fee for registration of motor vehicles $5.00 per year.If challenged,this new statute would be reviewed using:

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

Question 54

When Bad Frog Brewery,Inc.,placed a label on their product showing a frog with unwebbed fingers with its middle finger extended,New York State sued to prohibit the use of the label claiming it to be obscene and claiming an interest in protecting the state's children.The court found:

A) for Bad Frog because children cannot purchase beer so any exposure would be incidental
B) for Bad Frog because the labels did not concern an unlawful activity and the state did not prove its interest in protecting children from vulgarity
C) for New York State because once purchased, the labels would be exposed in refrigerators or drunk in rooms while children were present
D) for New York State because they proved a substantial effort to advance a valid state interest amounting to more than "not merely the removal of a few grains of sand from the beach of vulgarity"

Question 55

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:

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 56

The preamble 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

Question 57

The power of preemption is derived from:

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

Question 58

Judicial review:

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

Question 59

The power to carry out foreign policy is an enumerated power granted to:

A) the Executive branch
B) the Legislative branch
C) the Judicial branch
D) all three branches may carry out foreign policy

Question 60

Which of the following is not a coequal branch of the United States government as specified in the Constitution?

A) the legislative branch
B) the executive branch
C) the administrative branch
D) the judicial branch

Question 61

Congress has provided the state of Ohio $50M for highway construction and renovation.As a condition,Ohio must award 30% of the contracts to firms that are owned by women or minorities.Ohio sues claiming that such a condition is an intrusion on Ohio's right to seek competitive bids and make the best use of the money.Ohio also asserts that this will make it difficult to seek the best quality companies and that how they allocate the money is purely a state function as long as they use the money for the purposes intended.How will the court likely decide this dispute?

Question 62

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?

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 63

In Cavel International,Inc.v.Madigan,when Illinois passed the statute barring the slaughter of horses primarily for human consumption,Cavel presented each of the following arguments except:

A) that they would suffer $20M in losses
B) that dozens of jobs would be lost in the local economy
C) that they were a foreign corporation not subject to US commerce laws
D) that the Act effectively banned the export of horsemeat to Europe affecting foreign commerce

Question 64

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:

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

Question 65

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?

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

Question 66

Generally,constitutional protections do not apply to:

A) acts of the federal government
B) acts of state governments
C) acts of administrative agencies
D) acts of privately owned businesses

Question 67

The U.S.Supreme Court has established three standards of review used when applying Constitutional law.Name and discuss these three standards in terms of how they relate to state objectives.

Question 68

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.

Question 69

Explain the structure of the U.S.government and how the checks and balance system operates to maintain equalization of power between the different parts of the government.

Question 70

Mike is walking down the street minding his own business when he is stopped by a policeman.Although no crimes have been reported in the area and Mike has done nothing suspicious,the policeman doesn't like the looks of Mike so he conducts a pat down search and finds a tiny bag of marijuana.

A) under these circumstances this is an illegal search under Fourth Amendment protections
B) under these circumstances this is an illegal search under Fifth Amendment protections
C) under these circumstances this is a legal search because illegal drugs were found, justifying the policemen's actions
D) under these circumstances this is a legal search because police are given broad discretion to use their experience to fight crime and obviously the policeman was right in this case

Question 71

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:

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

Question 72

The Due Process Clause is found in:

A) the Fifth Amendment only
B) the Fourteenth Amendment only
C) neither the Fifth or Fourteenth Amendment
D) both the Fifth and Fourteenth Amendments
E) Scrambling Locked

Question 73

Mike has moved into a privately owned apartment complex.The stated rules of the complex prohibit unmarried men and women from living together in the same apartment.When Mike's girlfriend Kathy moves into his apartment he is served with eviction papers.Mike claims that the apartment complex is violating his constitutional rights since it allows only married people to live together.Is he correct?

Question 74

Explain the origin and justification of judicial review.

Question 75

Which of the following is not a procedural due process issue?

A) that police must obtain a search warrant to enter and search a citizens home for drugs
B) the state of Massachusetts has raised the drinking age to 25 years old
C) the state of Oklahoma passes a statute prohibiting citizens from presenting evidence in drunk driving trials
D) the state of California passes a statute allowing relatives of victims of violent crimes to sit on the jury in the general trial court

Question 76

In what manner was a citizen's right to privacy initially established? Explain.

Question 77

Kathy runs a business from her home.Not only is she the sole employee,she never leaves her home,performing all business functions in her pajamas in front of her computer.Her business consists of buying and then reselling various goods over the Internet.She is very successful with thousands of customers.In terms of regulation of commerce,how would you characterize her business?

Question 78

Explain how the Fifth Amendment right against self-incrimination applies to corporations and the individuals working for the corporations.

Question 79

Protections for the citizenry from unlawful or reprehensive acts by the government are contained primarily in:

A) the Preamble to the Constitution
B) Article I of the Constitution
C) Article V of the Constitution
D) the Bill of Rights

Question 80

Name the four part test established by the court in Central Hudson Gas v.Public Service Commission,that subjects government restrictions on commercial speech to a form of intermediate level scrutiny.