Question 1

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-The right to due process of law applies to corporations.

Accepted Answer

A) True 
 B)False

Question 2

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-Minnesota enacts a statute to ban advertising in "bad taste." This stat?ute would likely be held by a court to be

Accepted Answer

A) an unconstitutional restriction of speech. 
B) constitutional under the First Amendment. 
C) justified by the need to protect individual rights. 
D) necessary to protect state interests.

Question 3

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-The police obtain a search warrant and search Errol's apartment.After yelling obscenities at the officers,Errol confesses to a crime and impli?cates his friends.The Constitution protects against

Accepted Answer

A) obscene speech. 
B) implication of others. 
C) unreasonable searches. 
D) none of the choices.

Question 4

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-Jon,a law enforcement official,monitors Kelsey's Internet activities-e-mail and Web site visits-to gain access to her personal financial data and student information.This may violate Kelsey's right to

Accepted Answer

A) equal protection of the law. 
B) privacy. 
C) procedural due process. 
D) substantive due process.

Question 5

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-A law that has any impact on religion is unconstitutional.

Accepted Answer

A) True 
 B)False

Question 6

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-Tami's Tasty Tacos,a mobile vendor,files a suit against the state of Utah,claiming that a Utah state law violates the commerce clause.The court will agree if the statute imposes a substantial burden on

Accepted Answer

A) a local government. 
B) interstate commerce. 
C) noneconomic activity. 
D) the state.

Question 7

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-Congress enacts a law that sets out a medical-device approval process for the Food and Drug Administration to follow.The law includes a preemption provision.A device that goes through the process injures Joe,who files a claim under state law to recover.The court will most likely rule that

Accepted Answer

A) Joe's state law claim preempts the federal law. 
B) the federal law and state law claim are concurrent. 
C) the federal and state law claim cancel each other out. 
D) the federal law preempts Joe's state law claim.

Question 8

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-The taxing and spending clause of the U.S.Constitution has had a greater impact on business than any other clause in the Constitution.

Accepted Answer

A) True 
 B)False

Question 9

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-Congress can regulate all commerce in the United States.

Accepted Answer

A) True 
 B)False

Question 10

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-Ulrich,a citizen of Virginia,wants to enforce in the state of Washington certain rights that he has under a contract with Xtreme SnoBoards Inc.A Washington state court is most likely to enforce such rights under

Accepted Answer

A) no provision in the U.S.Constitution. 
B) the commerce clause. 
C) the full faith and credit clause. 
D) the privileges and immunities clause.

Question 11

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-Whether the federal government has preempted a certain area is always clear.

Accepted Answer

A) True 
 B)False

Question 12

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-The Motor Vehicle Insurance Association wants the federal government to spend money to build a new highway.Congress can spend revenues

Accepted Answer

A) only to carry out Congress's enumerated powers. 
B) to promote any objective that Congress deems worthwhile. 
C) without regard to whether the expense violates the Bill of Rights. 
D) without regard to whether the expense violates the Constitution.

Question 13

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-The state of New York regulates private activities to protect or promote the public or?der,health,safety,and general welfare under its

Accepted Answer

A) police powers. 
B) taxing powers. 
C) spending powers. 
D) supremacy powers.

Question 14

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-A law that regulates economic matters violates the equal protection clause.

Accepted Answer

A) True 
 B)False

Question 15

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-Reusable Energy Corporation regularly expresses opinions on political issues.Under the First Amendment,corporate political speech is

Accepted Answer

A) discouraged. 
B) forbidden. 
C) protected. 
D) required.

Question 16

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-The checks and balances in the U.S.Constitution prevent any one branch of government from exercising too much power.

Accepted Answer

A) True 
 B)False

Question 17

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-National legislation governs nearly every major business activity,including conduct that has nothing to do with commerce.

Accepted Answer

A) True 
 B)False

Question 18

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-The Financial Institutions Association would like a certain law enacted,administered,interpreted,and enforced in the best interest of its members,which include banks.Under the Constitution,Congress

Accepted Answer

A) administers the laws. 
B) enforces the laws. 
C) interprets the laws. 
D) makes the laws.

Question 19

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-The establishment clause of the U.S.Constitution prohibits the federal government from promoting a religion.

Accepted Answer

A) True 
 B)False

Question 20

Fact Pattern 3-A3 
Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict.
-Procedural due process requires that any government decision to take a person's property must be made fairly.

Accepted Answer

A) True 
 B)False

Exam 4: B: Constitutional Authority to Regulate Business

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -The right to due process of law applies to corporations.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Minnesota enacts a statute to ban advertising in "bad taste." This stat?ute would likely be held by a court to be

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -A law that has any impact on religion is unconstitutional.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -The taxing and spending clause of the U.S.Constitution has had a greater impact on business than any other clause in the Constitution.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Congress can regulate all commerce in the United States.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Whether the federal government has preempted a certain area is always clear.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -The Motor Vehicle Insurance Association wants the federal government to spend money to build a new highway.Congress can spend revenues

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -The state of New York regulates private activities to protect or promote the public or?der,health,safety,and general welfare under its

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -A law that regulates economic matters violates the equal protection clause.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Reusable Energy Corporation regularly expresses opinions on political issues.Under the First Amendment,corporate political speech is

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -The checks and balances in the U.S.Constitution prevent any one branch of government from exercising too much power.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -National legislation governs nearly every major business activity,including conduct that has nothing to do with commerce.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -The establishment clause of the U.S.Constitution prohibits the federal government from promoting a religion.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Procedural due process requires that any government decision to take a person's property must be made fairly.