Question 1

In Pro's Sports Bar & Grill v.City of Country Club Hills in which the City of Country Club Hills did not renew Pro's Sports Bar & Grill's liquor license,the appeals court held that:

Accepted Answer

A) since the City had a cause for not renewing the license,there had been a violation of due process 
B) since the City did not have a cause or hearing for not renewing the license,there had been a violation of equal protection 
C) since the City held a hearing about why it would not renew the license,there was no violation of due process 
D) since the City had a legitimate reason for not renewing the license,there was no violation of equal protection 
E) none of the other choices are correct

Question 2

Tim has been selling illegal drugs in his $1,000,000 house.When he is caught by the police,they confiscate the house.Tim sues the police for imposing excessive fines since the drugs he was selling were only worth $1,000.The court is likely to find that:

Accepted Answer

A) Tim has a case since his property is worth much more than the drugs 
B) Tim does not have a case because the confiscation is part of a rational and consistent scheme to deter drug dealing 
C) Tim would have a case if he lived in Alabama 
D) Tim would have a case if he lived in Illinois 
E) Tim has a case because the confiscation of his house violates the Fifth Amendment

Question 3

Congress may burden interstate commerce while states:

Accepted Answer

A) may also burden interstate commerce 
B) may not burden interstate commerce unless allowed by Congress 
C) may only burden interstate,but not intrastate,commerce 
D) may burden interstate commerce in the interest of increasing intrastate commerce 
E) none of the other choices are correct

Question 4

The Fourteenth Amendment:

Accepted Answer

A) incorporates protections from the Supreme Court and applies them to state governments 
B) incorporates protections from the Bill of Rights and applies them to Congress 
C) incorporates protections from the Bill of Rights and applies them to corporations 
D) incorporates laws from the Declaration of Independence and applies them to state governments 
E) none of the other choices are correct

Question 5

In Quill Corp.v.North Dakota,a state sales tax was imposed on out-of-state firms doing mail-order business with North Dakota residents.This law was found:

Accepted Answer

A) unconstitutional violation of the necessary and proper clause 
B) constitutional because it involves all mail-order firms 
C) constitutional because it involves interstate commerce 
D) unconstitutional violation of the First Amendment rights of the mail-order businesses 
E) none of the other choices are correct

Question 6

A law must relate rationally to a legitimate government interest to:

Accepted Answer

A) satisfy due process requirements 
B) satisfy fair process requirements 
C) satisfy First Amendment requirements 
D) satisfy legislative requirements 
E) none of the other choices are correct

Question 7

The Clean Air Act imposes civil penalties on executives of companies violate air pollution standards.If the government sued an executive for violating this law and asked for $100,000 in civil penalties to be imposed,the executive would have:

Accepted Answer

A) no right to a jury trial 
B) no right to a jury trial only if the trial was held in some state courts 
C) a right to a jury trial in any court 
D) a right to a jury trial only if the trial was held in some state courts 
E) no right to a trial since this is a civil law case

Question 8

The Constitution gives Congress the power to tax in:

Accepted Answer

A) Article II,Section 6,Clause 1 
B) Article II,Section 7,Clause 1 
C) Article I,Section 8,Clause 1 
D) Article III,Section 9,Clause 1 
E) Article IV,Section 10,Clause 1

Question 9

You purchase 150 acres of property in the Oregon mountains that is zoned for construction on pieces of land more than 40 acres in size.Before you build a home,the Oregon legislature passes the Preservation Act,which prohibits construction.Your land is nearly worthless now and you sue.Your basis for a suit against Oregon is:

Accepted Answer

A) illegal interference with contract 
B) violation of the 14th Amendment Equal Protection Clause 
C) unconstitutional infringement of your Second Amendment rights 
D) an unconstitutional uncompensated government takings 
E) a invalid infringement of your right to criticize the government

Question 10

In New York v.Burger,a junkyard owner claimed that a New York statute permitting warrantless searches of junkyards was a violation of the 4th Amendment.The Supreme Court held that the statute was:

Accepted Answer

A) constitutional because the Fourth Amendment applies only to real persons,not businesses 
B) constitutional because to hold otherwise would leave the Commerce Clause meaningless when regulation is "clearly necessary" 
C) unconstitutional because it was applied in a discriminatory manner 
D) an unconstitutional violation of the exclusionary rule 
E) none of the other choices

Question 11

In Katzenback v.McClung,concerning race discrimination at a restaurant,the Court held that the Constitution does not allow federal regulation of purely local businesses,even if the goal is socially desirable.

Accepted Answer

A) True 
 B)False

Question 12

Restrictions on misleading commercial speech are generally constitutional.

Accepted Answer

A) True 
 B)False

Question 13

The traditional primary use of the Fifth Amendment's just compensation (takings)clause is to require the government to pay:

Accepted Answer

A) for all business records that must be produced for examination 
B) for causing mental distress in legal proceedings 
C) for all reductions in private property value caused by regulations 
D) wages to government workers similar to private sector wages 
E) none of the other choices

Question 14

South-Central Timber Development v.Wunnicke,concerning federal and state regulation of
Alaska timber processing,shows that:

Accepted Answer

A) Congress may limit interstate commerce however it wishes 
B) Congress may limit interstate commerce only with approval of the affected states 
C) Congress may not regulate intrastate commerce,if the effect is "inherently uncompetitive" 
D) Congress may burden interstate commerce,but states may not unless allowed by Congress 
E) States may place substantial burdens on interstate commerce so long as it advances a "significant state interest"

Question 15

In Gibbons v.Ogden,the Supreme Court held that commerce among the states means interstate commerce.

Accepted Answer

A) True 
 B)False

Question 16

For a state to tax a business,the state must have:

Accepted Answer

A) rules for dividing the company's income into an in-state and an out-of-state portion 
B) rules for determining how much of a company's income is profit 
C) rules for determining which employees made the majority of the income 
D) rules for determining the costs of operations in other states 
E) none of the other choices are correct

Question 17

The Commerce Clause requires Congress and the states to share the power to regulate trade with foreign nations.

Accepted Answer

A) True 
 B)False

Question 18

For a state to tax a business,the business must:

Accepted Answer

A) have a partnership with a business in the state 
B) have a trucking route through the state 
C) have five employees living in the state 
D) have a "nexus" within the state 
E) have a CEO living within the state

Question 19

States may pass regulations that:

Accepted Answer

A) are stricter than federal regulations 
B) less strict than federal regulations 
C) in contradiction to federal regulations 
D) all of the other specific choices are correct 
E) none of the other specific choices are correct

Question 20

In Reget v.City of La Crosse case,where a business owner claims he was selected by the City for bad treatment,Reget needed to establish:

Accepted Answer

A) that a state actor had intentionally treated him differently than others similarly situated 
B) that there was no rational basis for the difference in treatment 
C) both that a state actor had intentionally treated him differently than others similarly situated,and that there was no rational basis for the difference in treatment 
D) that his property had been searched without a warrant 
E) none of the other choices are correct

Exam 4: The Constitution: Focus on Application to Business

In Pro's Sports Bar & Grill v.City of Country Club Hills in which the City of Country Club Hills did not renew Pro's Sports Bar & Grill's liquor license,the appeals court held that:

Tim has been selling illegal drugs in his $1,000,000 house.When he is caught by the police,they confiscate the house.Tim sues the police for imposing excessive fines since the drugs he was selling were only worth $1,000.The court is likely to find that:

Congress may burden interstate commerce while states:

The Fourteenth Amendment:

In Quill Corp.v.North Dakota,a state sales tax was imposed on out-of-state firms doing mail-order business with North Dakota residents.This law was found:

A law must relate rationally to a legitimate government interest to:

The Clean Air Act imposes civil penalties on executives of companies violate air pollution standards.If the government sued an executive for violating this law and asked for $100,000 in civil penalties to be imposed,the executive would have:

The Constitution gives Congress the power to tax in:

In New York v.Burger,a junkyard owner claimed that a New York statute permitting warrantless searches of junkyards was a violation of the 4th Amendment.The Supreme Court held that the statute was:

In Katzenback v.McClung,concerning race discrimination at a restaurant,the Court held that the Constitution does not allow federal regulation of purely local businesses,even if the goal is socially desirable.

Restrictions on misleading commercial speech are generally constitutional.

The traditional primary use of the Fifth Amendment's just compensation (takings) clause is to require the government to pay:

South-Central Timber Development v.Wunnicke,concerning federal and state regulation of Alaska timber processing,shows that:

In Gibbons v.Ogden,the Supreme Court held that commerce among the states means interstate commerce.

For a state to tax a business,the state must have:

The Commerce Clause requires Congress and the states to share the power to regulate trade with foreign nations.

For a state to tax a business,the business must:

States may pass regulations that:

In Reget v.City of La Crosse case,where a business owner claims he was selected by the City for bad treatment,Reget needed to establish: