B-Law CH 4 M/C

The Supreme Court has held that states may: a. never tax the income of businesses b. tax the income of businesses so long as they are "constitutionally rational" c. tax all income of businesses only if the business is headquartered in the state d. tax the income of businesses so long as the burden of the state tax is apportioned fairly e. tax the income of businesses that do more that $5 million (net) worth of business in-state

D

The Uniform Division of Income for Tax Purposes Act uses which of the following factors to divide a company's income: a. the percentage of a corporation's nationwide property located in the state b. the percentage of a corporation's nationwide sales made to residents of the state c. the percentage of a corporation's nationwide payroll paid to residents of the state d. all of the other specific choices are correct e. none of the other specific choices are correct

D

The commerce clause of the Constitution gives Congress the power to regulate trade: a. with foreign nations but not trade among the states b. among the states but not trade with foreign nations c. among the states, so long as the states involved approve, and trade with foreign nations d. with foreign nations and among the states e. only by U.S. citizens

D

The federal Clean Air Act sets specific pollution standards. California adopts even stricter pollution standards instate. This standard is likely to be found: a. unconstitutional; states may not pass regulatory standards different than those of Congress b. unconstitutional; states may not pass stronger regulatory standards than those of Congress c. unconstitutional; the standard reduces the ability of California to compete in interstate commerce d. constitutional; the standard does not favor California businesses e. constitutional; the necessary and proper clause lets states pass regulations needed for local conditions

D

Which of the following state taxes is unconstitutional: a. Hawaii imposed a 20 percent tax on all alcoholic beverages except for local products b. Michigan exempted from state income taxes the retirement benefits paid to state employees, but taxed all other retirement income, such as retired federal government employees' benefits c. North Dakota imposed state sales taxes on out-of-state firms doing mail-order business with North Dakota residents d. all of the other specific choices are unconstitutional e. none of the other specific choices are unconstitutional

D

Which of the following types of speech are not protected by the First Amendment? a. a pamphlet prepared by a gas company in support of the use of natural gas b. political speech by a person at a public facility such as a train station c. an advertisement listing the prices charged by a local doctor for her services d. yelling "Fire" at a crowded basketball game e. all of the other choices

D

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: 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

D

Suppose Congress passed a law preventing lenders from charging debtors more than a 12 percent annual interest rate. Fritz's Loan Company has one office in Orlando and only lends money to people in Florida. Fritz challenges the constitutionality of the application of the law to his business, because he conducts it all within one state. The law is probably: a. constitutional according to the Third Amendment b. unconstitutional as the Commerce Clause is interpreted c. unconstitutional as the Necessary and Proper Clause is interpreted d. unconstitutional as the Third Amendment is interpreted e. none of the other choices

E

States may not copy federal regulations if: a. the imitation promotes interstate commerce b. the imitation promotes intrastate commerce c. the imitation inhibits factory production d. the imitation inhibits intrastate commerce e. none of the other choices are correct

E

Taken together, the Necessary and Proper Clause and the Commerce Clause, provides justification for: a. Supreme Court review of foreign trade regulations b. broad state government control of interstate commerce c. presidential control of foreign trade d. Senate control of trade negotiations e. none of the other choices

E

Taxes raise revenues for the government. Taxes may be: a. used to punish certain business behavior b. used to keep certain goods, such as firearms and liquor, under federal supervision c. imposed on illegal goods like cocaine to help trap dealers d. not used by states to discriminate against out-of-state businesses e. all of the other choices

E

According to the Supreme Court, an Oklahoma law that required coal-burning power plants in the state to burn at least 10 percent Oklahoma-mined coal is an example of: a. an unconstitutional law b. a constitutional law c. a business law d. a justified law e. a federal law

A

As held by Chief Justice Marshall in Gibbons v. Ogden, commerce among the states means: a. interstate commerce b. commerce within a single state c. commerce with other countries d. intrastate commerce e. voluntary commerce

A

In addition to raising revenue to pay for government services, taxes: a. can punish certain behaviors b. can lead to efficient production c. can influence politicians d. can influence Supreme Court Justices e. none of the other choices are correct

A

The commerce clause of the U.S. Constitution: a. gives Congress power to regulate business b. gives each state power to regulate commerce c. gives the President the power to regulate commerce d. was adopted by passage of the Third Amendment e. none of the other choices

A

Which of the following is a key issue in Fourth Amendment cases: a. whether proper search and seizure procedures were used by government authorities b. whether the defendant had an illegal firearm c. whether the principles of frees speech were violated d. whether self-defense was warranted under the circumstances e. none of the other choices are correct

A

Taxes raise revenues for the government. Taxes may not be: a. used to punish certain business behavior b. used to keep certain goods, such as firearms and liquor, under federal supervision c. imposed on illegal goods like cocaine to help trap dealers d. used by states to discriminate against out-of-state businesses e. all of the other choices are generally constitutional

E

The Constitution gives Congress the power to tax in: a. Article I, Section 6, Clause 2 b. Article I, Section 7, Clause 4 c. Article I, Section 8, Clause 1 d. Article I, Section 9, Clause 5 e. Article I, Section 10, Clause 8

C

The Constitution gives Congress the power to tax in: 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

C

The Fourteenth Amendment concerns the: a. way in which trials are conducted b. way in which the Constitution is amended c. ability of the government to restrict the freedoms of life, liberty, or property d. way in which Congress drafts and then votes upon statutes e. none of these

C

The Fourteenth Amendment protects due process rights and: a. protects freedom of speech b. protects the citizen's right to bear arms c. provides for equal protection d. protects freedom of religion e. provides no other protection

C

The 16th Amendment to the U.S. Constitution gives the federal government the power to: a. discriminate against businesses b. prevent interstate commerce c. impose state taxes d. impose marital taxes e. none of the other choices are correct

E

The Amendment to the U.S. Constitution gives the federal government the power to impose income taxes. a. 14th b. 15th c. 17th d. the government is not allowed to impose income taxes e. none of the other choices are correct

E

The Amendment to the U.S. Constitution gives the federal government the power to impose income taxes. a. 14th b. 15th c. 17th d. 20th e. none of the other choices are correct

E

With respect to the ability of Congress to impose taxes, the Supreme Court has held that Congress may impose: a. only the kinds of taxes specified in the Constitution b. only taxes on prohibited goods c. most any kind of tax d. any tax that does not conflict with the taxing authority of the states under Article II of the Constitution e. most taxes except those found to be "discriminatory and economically destructive"

C

In 1819 in McCulloch v. Maryland, the Supreme Court held: a. the state of Maryland could tax its citizens b. the state of Maryland could create its own toll roads c. the state of Maryland did not violate the Supremacy Clause d. the state of Maryland could not tax a national bank e. none of the other choices

D

In Consolidated Edison Co. v. Public Service Comm., the New York utility commission ruled that the electric company could not send its customers information in support of nuclear power. The Supreme Court held that the restrictions imposed by the New York utility commission were: a. legal b. constitutional c. reasonable d. unreasonable e. necessary under the circumstances

D

"No person shall be...compelled in any criminal case to be a witness against himself." is the: a. Fifth Amendment of the U.S. Constitution b. First Amendment of the U.S. Constitution c. Sixth Amendment of the U.S. Constitution d. Fourth Amendment of the U.S. Constitution e. Second Amendment of the U.S. Constitution

A

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

A

A law that took a protected freedom away from women without a compelling state interest would be unconstitutional because it: a. violated equal protection b. violated due process c. violated fair game d. violated the First Amendment e. violated the Declaration of Independence

A

According to the Supreme Court, a Maine law requiring companies shipping tobacco products into the state to confirm that recipients are of legal age is an example of: a. an unconstitutional law b. a constitutional law c. a business law d. a justified law e. a federal law

A

According to the Supreme Court, an Alabama law charging a special fee for hazardous waste imported into the state is an example of: a. an unconstitutional law b. a constitutional law c. a business law d. a justified law e. a federal law

A

According to the Supreme Court, an Arizona law restricting the length of trains in the state is an example of: a. an unconstitutional law b. a constitutional law c. a business law d. a justified law e. a federal law

A

Auto junkyards, which can become chop shops for stolen vehicles and parts, are an example of: a. a closely regulated business that can be searched without a warrant b. a business that may not be searched without a warrant c. a closely regulated business that may not be searched without a warrant d. a wholesale business e. none of the other choices

A

Because of the First Amendment to the U.S. Constitution: a. the City of New York could regulate the volume of music played at an outdoor concert, but not the content b. the City of New York could regulate the volume of music played at an outdoor concert in addition to the content c. the City of New York not could regulate the volume of music played at an outdoor concert or the content d. the City of New York could not regulate the volume of music played at an outdoor concert, but could regulate the content e. none of the other choices are correct

A

Bigelow v. Virginia involved the conviction of a Virginia newspaper editor who published ads about the availability of abortions in New York City the Supreme Court held that: a. speech that is related to legal products or services has value in the marketplace of ideas b. speech that is not related to legal products or services has no value in the marketplace of ideas c. speech that is malicious in nature has no place in the media d. speech that is not malicious in nature may appear in any type of publication e. speech that is related to legal products or services can be put in any print publication, but not on televised programs

A

Congress passed the Communications Decency Act to restrict child pornography on the Internet. When it reviewed the constitutionality of the statute, the Supreme Court held the law to be: a. an unconstitutional restriction on speech b. a constitutional restriction on speech because it affected minors c. a constitutional restriction on speech because it affected an area subject to regulation d. a constitutional restriction on speech because it was narrowly tailored to achieve a compelling governmental interest e. none of the other choices

A

Congress passes a law preventing lenders from charging more than 12% interest. Loan Co. only lends money to people in Florida. Loan challenges the application of the law to his business, because he conducts it all within one state. The law is probably: a. constitutional under the Commerce Clause b. constitutional according to the Third Amendment c. unconstitutional as the Commerce Clause is interpreted d. unconstitutional as the Necessary and Proper Clause is interpreted e. unconstitutional as the Third Amendment is interpreted

A

Federal regulation state regulation. a. takes precedence over b. never takes precedence over c. occasionally takes precedence over d. is weaker than e. is more complicated than

A

Florida passes a tax that applies only to foreign ships that unload cargo at the ports of Miami and Tampa. This tax is: a. unconstitutional; it interferes with foreign trade b. unconstitutional; states must charge fees for the use of public facilities c. constitutional; it is related to benefits received d. constitutional; it only applies to foreign merchants, so it does not discriminate against interstate commerce e. constitutional so long as the federal government imposes a similar tax

A

For a state to tax a business, the business must: a. do at least a minimal amount of business in that state b. have a trucking route through that state c. have five employees living in that state d. have a telephone number in that state e. have a CEO living within that state

A

For a state to tax a business, the state must have: a. rules for apportioning a company's income 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

A

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

A

Government restriction on gun ownership and possession: a. is not a well settled area of the law b. is a well settled area of the law c. is unconstitutional d. is constitutional e. none of the other choices are correct

A

Improperly gather evidence: a. is not allowed in court because it violates Fourth Amendment rights b. is allowed in court because it does not violate Fourth Amendment rights c. is not allowed in court because it violates Fifth Amendment rights d. is not allowed in court because it violates First Amendment rights e. is allowed in court because it does not violate First Amendment rights

A

Improperly gathered evidence violates: a. Fourth Amendment rights regarding search and seizure b. First Amendment rights regarding search and seizure c. First Amendment rights regarding free speech d. Sixth Amendment rights regarding property ownership e. none of the other choices are correct

A

In 1789: a. 9 of the 13 original states ratified the U.S. Constitution b. all of the 13 original states ratified the U.S. Constitution c. none of the 13 original states ratified the U.S. Constitution d. George Washington wrote the U.S. Constitution e. none of the other choices are correct

A

In Braswell v. U.S., the president and sole shareholder of a company refused to produce business records, claiming a 5th Amendment privilege against self-incrimination. The Supreme Court held that the 5th Amendment protection: a. did not apply to the corporation, so Braswell had to produce the records b. applied to the president because, as sole shareholder, he was the corporation, so the records were protected c. was available because Braswell, as president, was an employee of the corporation d. Braswell had to produce the records because of strong government interest in safety e. none of the other choices

A

In Central Hudson Gas & Electric Corp. v. Public Service Comm., the New York utility commission ruled that electric utilities could not advertise to promote the use of electricity. The Supreme Court held that the: a. First Amendment right of free speech, including commercial speech, had been violated b. First Amendment right of free speech had not been violated because it does not protect commercial advertising c. First Amendment right of free speech had not been violated, not because commercial speech has no protection, but because of public interest in energy conservation d. state of New York cannot regulate public utilities without federal approval because of the commerce clause e. none of the other choices

A

In Central Hudson Gas & Electric Corp. v. Public Service Comm., the New York utility commission ruled that electric utilities could not advertise to promote the use of electricity. The Supreme Court held that the: a. the State interest in conserving energy was substantial, but a complete suppression of speech was more extensive than necessary to further the energy conservation goals b. the State interest in conserving energy was not substantial and a complete suppression of speech was more extensive than necessary to further the energy conservation goals c. the State interest in conserving energy was substantial and a complete suppression of speech was necessary to further the energy conservation goals d. the State interest in saving money was substantial, but a complete suppression of speech was more extensive than necessary to further the energy conservation goals e. none of the other choices are correct

A

In Citizens United, the Supreme Court struck down portions of the McCain-Feingold Act, which limited "electioneering communication" by corporations and unions because: a. since there is no distinction between media and other corporations, such restrictions would allow Congress to suppress political speech in all media outlets b. since there is no distinction between media and other corporations, such restrictions would not allow Congress to suppress political speech in all media outlets c. since there is a distinction between media and other corporations, such restrictions would not allow Congress to suppress political speech in all media outlets d. since there is no distinction between non-profit and for-profit corporations, such restrictions would allow Congress to suppress political speech in all corporations e. none of the other choices are correct

A

In Consolidated Edison Co. v. Public Service Comm., the New York utility commission ruled that the electric company could not send its customers information in support of nuclear power. The Supreme Court held that this was unconstitutional because: a. the New York Commission was restricting the content of the information distributed b. the New York Commission was restricting the time the information was distributed c. the New York Commission was restricting the place the information distributed d. the New York Commission was not restricting the content of the information distributed e. none of the other choices are correct

A

Protection from excessive fines comes from: a. the Fifth Amendment of the U.S. Constitution b. the Eighth Amendment of the U.S. Constitution c. the First Amendment of the U.S. Constitution d. Congress e. the House of Representatives

B

In Corey Airport Services v. Clear Channel Outdoor, where Corey lost a bid to provide services at the Atlanta airport and a jury then found there to be a conspiracy that deprived Corey of millions of dollars worth of business, the appeals court held that:: a. that there was no equal protection claim because there was no identifiable group subject to discriminatory treatment b. that the conspiracy between airport officials and Clear Channel provided the basis for a claim of a violation of equal protection interests under the 14th Amendment c. that the government treated Cory differently because it was owned by minorities, which is a violation of equal protection d. that Corey's equal protection rights had been violated but there were no damages because Corey was not the low bidder in the competition to provide the services e. none of the other choices are correct

A

In Fresenius Medical Care Holdings v. Tucker, where a Florida law prohibited physicians from having a significant financial interest in businesses to which patients were referred, the appeals court held that: a. since the law had a rational basis related to a legitimate legislative goal, it did not violate due process b. since the law did not have a rational baais relatd to a legitimate legislative goal, it violated due process c. since the City law had a rational basis related to a legitimate legislative goal, it did not violate the equal protection clause of the 14th amendment d. since the law did not have a rational basis related to a legitimate legislative goal, it violated the equal protection clause of the 14th amendment e. none of the other choices are correct

A

In Fresenius Medical Care Holdings v. Tucker, where a Florida law prohibited physicians from having a significant financial interest in businesses to which patients were referred, the appeals court held that: a. substantive due process was not violated as the rational basis inquiry showed the regulation to meet a legitimate legislative objective b. substantive due process was violated as the rational basis inquiry showed the regulation did not meet a legitimate legislative objective c. substantive due process was violated because the state legislature interfered with a matter subject only to federal regulation d. substantive due process was not violated as Congress expressly allows state legialstures to regulate the operation of the medical profession e. none of the other choices are correct

A

In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state's natural resources. When this law was challenged, the Supreme Court held that the law was inconsistent with the basic principle that: a. our economic unit is the Nation b. our economic unit is the State c. the State has ultimate authority d. the Nation has ultimate authority e. none of the other choices

A

In Katzenbach v. McClung, the Supreme Court held that Congress had, in passing the Civil Rights Act of 1964, used which basis for applying federal regulations to a small restaurant? a. a rational basis b. a strict scrutiny basis c. a preponderance of the evidence basis d. an indirect effects basis e. a scintilla basis

A

In Kelo v. City of New London, Conn., where the city forced people to sell their houses so there could be a new large private project built, the Supreme Court held that the government plan: a. unquestionably served a public purpose b. did not serve a public purpose c. could possibly serve a public purpose under different circumstances d. will fail to serve a public purpose in the future e. none of the other choices are correct

A

In Marshall v. Barlow's, where the Occupational Safety and Health Administration asked the Supreme Court to require businesses to admit inspectors to conduct warrantless searches, the Supreme Court held that: a. warrantless searches are generally unreasonable and that this rule applies to commercial premises as well as homes b. warrantless searches are never unreasonable and that this rule applies to commercial premises as well as homes c. warrantless searches are generally unreasonable, but that this rule does not apply to commercial premises d. warrantless searches are always unreasonable, but that this rule does not apply to homes e. none of the other choices are correct

A

In McCulloch v. Maryland, the Supreme Court held: a. creation of a national bank was constitutional under the Necessary and Proper Clause b. because banks were not mentioned in the Constitution they could not be created without amending the Constitution c. Congress did not validly amend the Constitution before it created a national bank d. National banks violated the Necessary and Proper Clause e. none of the other choices

A

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: a. constitutional because it met the criteria necessary for a warrantless search of a closely regulated business b. constitutional because to hold otherwise would leave the Commerce Clause meaningless when regulation is "clearly necessary" c. an unconstitutional violation of the Fourth Amendment since the police failed to obtain judicial approval for the searches d. an unconstitutional violation of the exclusionary rule e. unconstitutional because it was applied in a discriminatory manner

A

In Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council concerning a Virginia law prohibiting the advertising of prices of prescription drugs the Supreme Court held that: a. people need open channels of communication to be well informed b. people need to be protected from their own ignorance c. people need to be protected from false advertising d. people need to know the laws of advertising e. none of the other choices are correct

A

In Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council concerning a Virginia law prohibiting the advertising of prices of prescription drugs the Supreme Court held that: a. the law was unconstitutional b. the law was constitutional c. the law hindered interstate commerce d. the law promoted interstate commerce e. none of the other choices are correct

A

In addition to not being allowed to interfere with interstate commerce, states are not allowed to: a. interfere with international commerce b. interfere with international laws c. interfere with unwritten codes of conduct d. promote international commerce e. none of the other choices are correct

A

In addition to raising revenue to pay for government services, taxes: a. can deter certain behaviors b. can lead to efficient production c. can influence politicians d. can influence Supreme Court Justices e. none of the other choices are correct

A

Individuals are protected from self-incrimination by: a. the Fifth Amendment b. the Sixth Amendment c. the First Amendment d. the Second Amendment e. the Fourth Amendment

A

Ohio Phone, a regulated company, sends a flyer to customers with their monthly bill. One flyer tells customers that the Ohio Phone Comm. does not let the company charge fair prices and that the quality of phone service will fall. The Commission orders the company to stop sending mailings that discuss these issues, since the customers are forced to pay for the mailings as a part of their service. The Supreme Court is likely to say that such mailings: a. are constitutional under the First Amendment b. are constitutional under the commerce clause⎯the states may not ban such mailings c. may be prohibited under the Constitution because the First Amendment does not protect political speech by regulated companies d. may be prohibited under the commerce clause because state regulation of utility monopolies is nearly unlimited e. could not be addressed by the U.S. Supreme Court; it is a matter for Ohio law

A

Refer to Fact Pattern 4-1. The sheriff's confiscation of your goods may pose which, if any, of the following problems? a. the sheriff searched your premises without a warrant, thus violating your 4th Amendment rights b. even though the sheriff searched your premises without a warrant, there is no constitutional problem because Fourth Amendment rights apply to persons, not businesses c. a Sixth Amendment takings problem may be involved d. no constitutional problems arise from the sheriff's acts e. all of the other choices are correct

A

Regulatory takings cases indicate that: a. the destruction of property value must be almost complete for compensation to be due b. the destruction of property value need not be extensive for compensation to be due c. the destruction of property value need not be more than 50% for compensation to be due d. the destruction of property value is irrelevant e. none of the other choices are correct

A

Restrictions on advertising for professional services are: a. a violation of First Amendment rights b. constitutional due to the First Amendment c. immoral d. a violation of Second Amendment rights e. a violation of the Fourth Amendment

A

States can tax the portion of a business's income that is: a. attributable to their state b. attributable to the federal government c. attributable to the business's out of state operations d. all of the other specific choices are correct e. none of the other specific choices are correct

A

States may not impose taxes that: a. impede interstate commerce b. increase interstate commerce c. increase intrastate commerce d. do nothing to interstate commerce e. none of the other choices are correct

A

States may pass regulations that: 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

A

The commerce clause does not allow: a. states to impose discriminatory state taxes on foreign commerce b. states to do business with other countries c. Congress to do business with other countries d. Congress to regulate international trade or impose taxes on imported goods e. none of the other choices are correct

A

Suppose the city changes the regulations concerning property next to a home. As a result of the new regulation, a garbage dump will be built on that property, resulting in a fall in the value of the home of fifty percent. The home owner sues for compensation for a taking. The likely result will be: a. no taking; no compensation b. no taking if the dump is public; a taking if the dump is private, for which fair market value must be paid for the loss in property value c. a taking regardless of who owns the dump; fair market value must be paid for the loss in property value d. a taking regardless of who owns the dump; fair market value must be paid for the loss in property value and compensation must be paid for the mental distress of having to deal with the matter e. the home owner will be forced to live in the dump

A

Taken together, the Necessary and Proper Clause and the Commerce Clause, provides justification for: a. broad Congressional regulation of business b. broad state government control of interstate commerce c. presidential control of foreign trade d. Senate control of trade negotiations e. none of the other choices

A

Taxes are a powerful tool for: a. regulation b. litigation c. judiciary processes d. tort suits e. attorneys

A

The Bill of Rights is the: a. first 10 amendments of the U.S. Constitution b. first 5 amendments of the U.S. Constitution c. first amendment of the U.S. Constitution d. the most recent 10 amendments of the U.S. Constitution e. the first draft of the U.S. Constitution

A

The British constitution has two central principles which are: a. the rule of law and the supremacy of Parliament b. the rule of law and the supremacy of Congress c. the rule of law and the supremacy of the Court d. the supremacy of Parliament and the supremacy of the Court e. none of the other choices

A

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: 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

A

The Constitution was amended almost immediately to ensure that there was: a. adequate protection for individual rights b. adequate tax laws c. adequate protection for big businesses d. adequate protection for small businesses e. adequate protection for Supreme Court Justices

A

The Fifth Amendment includes: a. the just compensation clause b. the fair compensation clause c. the final compensation clause d. the extra compensation clause e. the special compensation clause

A

The Fifth Amendment protects individuals against: a. self-incrimination by testifying against oneself b. self-reporting to regulatory agencies c. incrimination by other persons d. cruel and unusual punishment e. none of the other choices

A

The Fifth Amendment: a. protects corporate executives from testifying against themselves b. protects corporations against self-incrimination c. protects businesses from warrantless searches d. prohibits the seizing of private property by state governments e. none of the other choices

A

The First Amendment to the Constitution: a. restricts Congress from imposing many controls on political and commercial speech by business b. restricts business from imposing many controls on political and commercial speech by Congress c. restricts Congress from controlling marriage laws d. prevents Congress from passing laws against carrying firearms in public places e. restricts Congress's ability to regulate interstate commerce

A

The Fourteenth Amendment: a. incorporates protections from the Bill of Rights 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

A

The Second Amendment of the U.S. Constitution protects: a. the right to bear arms b. freedom of speech c. the right to marry anyone d. freedom of the press e. none of the other choices are correct

A

The Sixth Amendment of the U.S. Constitution: a. addresses the right of persons to trial by jury in criminal cases b. addresses the right of persons to bear arms c. addresses the right of persons to marry d. addresses the right of persons to engage in business e. none of the other choices are correct

A

The Supreme Court has reversed itself on major constitutional issues over the years because: a. the way the Supreme Court interprets the Constitution changes over time b. there have been too many amendments to the Constitution since the 1930s c. all Constitutional rights are clearly spelled out in the document, there is no disagreement about those rights d. the original Constitution is no longer applicable e. none of the other choices

A

The U.S. Constitution is composed of: a. the preamble and seven Articles b. the preamble and ten Articles c. the preamble and three Articles d. the preface and seven Articles e. the introduction and three Articles

A

The most important part of the Constitution with respect to businesses is: a. the commerce clause b. the business clause c. the trade clause d. the mercantile clause e. the money clause

A

The rule of law and the supremacy of Parliament are: a. two central principles of the British constitution b. two central principles of the U.S. Constitution c. the foundation of the Chinese constitution d. the foundation of the New Zealand Constitution e. none of the other choices are correct

A

The strongest claims of violations of protection involve discrimination based on: a. race or sex b. race or age c. sex or age d. age or height e. age or nationality

A

Traditionally there have been more restrictions on: a. commercial speech than on political speech b. political speech than on commercial speech c. commercial speech and political speech than on dissenting speech d. political speech than on educational speech e. none of the other choices are correct

A

When governments restrict the rights of citizens, unless a fundamental constitutional liberty is at stake, the law needs to relate rationally to to satisfy due process requirements. a. a legitimate government interest b. a legitimate private interest c. a legitimate monetary interest d. a legitimate moral interest e. none of the other choices are correct

A

When the state infringes on fundamental liberty interests without narrowly tailoring that infringement to serve a compelling state interest it is violating: a. due process b. the First Amendment c. fair play d. due law e. fair process

A

Which Amendment to the Constitution restricts Congress from imposing many controls on political and commercial speech by business? a. First b. Fifth c. Eighth d. Fourteenth e. None; Congress may not restrict individual speech, but may restrict business speech

A

Which of the following is a key issue in Fourth Amendment cases: a. whether a person has a constitutionally protected reasonable expectation of privacy b. whether the defendant had an illegal firearm c. whether the principles of frees speech were violated d. whether self-defense was warranted under the circumstances e. none of the other choices are correct

A

Which of the following statements is correct? a. the way the Supreme Court interprets the Constitution changes over time b. there have been no amendments to the Constitution since the 1930s c. all Constitutional rights are clearly spelled out in the document, there is no disagreement about those rights d. the interpretation by the Supreme Court of the Constitution has not changed in 200 years e. none of the other choices

A

Which of the following would be likely to be a violation of the equal protection clause: a. a state admits only men to a college and does not allow women to enroll b. a state gives speeding tickets to drivers who drive more than 5 mph over the posted limit c. a state prohibits the sale of alcoholic beverages d. a state prohibits the use of trans fats in restaurant cooking e. all of the other choices

A

Wickard v. Filburn concerned the ability of Congress to impose controls on wheat growing, including a small farm that produced a small amount of wheat for use on the farm. The Supreme Court held that the controls were: a. constitutional; while one farmer made no difference, all small farmers together could impact the wheat market b. unconstitutional since such a small amount was "insufficient commerce," but the regulations could be written to apply to all active sellers in the wheat market c. unconstitutional since all of the wheat was sold or used within the state d. unconstitutional since none of the wheat was sold; all wheat was used on the farm e. constitutional only to wheat actually sold in interstate commerce

A

Wickard v. Filburn concerned the ability of Congress to impose controls on wheat growing, including a small farm that produced a small amount of wheat for use on the farm. This case shows how : a. Congress can regulate almost any form of commerce, even if the impact on interstate commerce is tiny b. Congress cannot regulate almost any form of commerce, even if the impact on interstate commerce is tiny c. Congress can regulate agriculture within a state if it concerns a basic food crop d. Congress has special privileges for regulating wheat growing e. none of the other choices are correct

A

ometimes the Supreme Court uses the necessary and proper clause to: a. respond to new technological developments without requiring amendments to the Constitution b. make judgments on cases of outdated technology c. establish the need for new amendments to the Constitution in response to new technologies d. all of the other specific choices are correct e. none of the other specific choices are correct

A

The constitutional requirement that governments must give just compensation for property taken for public use is known as: a. power of dominant domain b. takings clause c. unreasonable search and seizure d. necessary and proper clause e. due process of law

B

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed" is the: a. First Amendment of the U.S. Constitution b. Second Amendment of the U.S. Constitution c. Third Amendment of the U.S. Constitution d. Fourth Amendment of the U.S. Constitution e. Fifth Amendment of the U.S. Constitution

B

"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause...." is the: a. First Amendment of the Constitution b. Fourth Amendment of the Constitution c. Third Amendment of the Constitution d. Fifth Amendment of the Constitution e. Sixth Amendment of the Constitution

B

A law that creates a class that suffers a loss of freedom: a. is constitutional b. is unconstitutional c. is allowed under the First Amendment d. is not allowed due to the First Amendment e. none of the other choices are correct

B

A restriction on advertising for a doctor's services is an example of: a. a violation of a Fifth Amendment right b. a violation of a First Amendment right c. a constitutional privilege d. a legal restriction on medical professionals e. none of the other choices are correct

B

A restriction on advertising for a lawyer's services is an example of: a. a violation of a Fifth Amendment right b. a violation of a First Amendment right c. a constitutional privilege d. a judicial restriction on legal professionals e. none of the other choices are correct

B

A state statute prohibited corporations from making any contributions designed to influence voting on questions on the state ballot. Based on what you have read, you can presume the Supreme Court held that this statute: a. was constitutional under the 1st Amendment b. was an unconstitutional infringement of the 1st Amendment c. was an unconstitutional infringement of the 4th Amendment d. was constitutional under the 14th Amendment e. was constitutional under the Due Process Clause

B

An amendment to the Constitution may be approved to become effective by: a. a majority of state supreme courts to become effective b. passing 3/4 of the state legislatures after passing by a 2/3 vote in the Senate and House c. passing 2/3 of the state legislatures after passing by majority vote in the Senate and House d. the President and 2/3 of the Senate e. none of the other choices

B

The 16th Amendment to the U.S. Constitution gives the federal government the power to: a. discriminate against businesses b. prevent interstate commerce c. impose income taxes d. impose marital taxes e. try criminals in the Supreme Court

C

An amendment to the Constitution may be approved to become effective by: a. passing a majority vote in Congress and then passing 2/3 of state legislatures b. passing 3/4 of the state legislatures after passing by a 2/3 vote in the Senate and House c. passing 2/3 of the state legislatures after passing a majority vote in the Senate and House d. passing 2/3 vote in the Senate and then signed by the President e. none of the other choices

B

The Amendment to the U.S. Constitution gives the federal government the power to impose income taxes. a. 14th b. 15th c. 16th d. 17th e. 18th

C

Before being controversially struck down by the Supreme Court in the Citizens United case, the McCain-Feingold Act: a. allowed political speech by all non-profit corporations b. prohibited for-profit and non-profit corporations and unions from broadcasting "electioneering communication" c. promoted "electioneering communication" by political parties d. prohibited for-profit, but not non-profit, corporations and unions from broadcasting "electioneering communication" e. none of the other choices are correct

B

Congress may burden interstate commerce while states: 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

B

Eminent domain is when: a. private corporations take private property b. government takes private property for the benefit of other private parties c. government takes public property for the benefit of private parties d. government takes private property for the benefit of public parties e. none of the other choices are correct

B

Equal protection: a. does not extend to all citizens b. does not extend to all government activities c. extends to all government activities d. is set by international standards e. none of the other choices are correct

B

Commercial speech, in contrast to political speech, may be regulated if it: a. it involves prices of certain things like prescription drugs b. it involves prices of illegal goods c. it is not truthful d. it is truthful e. none of the other choices are correct

C

Foreign commerce: a. may be subject to discriminatory state taxes b. may not be subject to discriminatory state taxes c. may only be subject to discriminatory state taxes if it adds jobs to the U.S. job market d. is heavily regulated by state taxes e. none of the other choices are correct

B

In Baccus Imports v. Dias, The state of Hawaii imposed a 20 percent tax on all alcoholic beverages except for local products. This law was found: a. unconstitutional violation of the necessary and proper clause b. unconstitutional violation of the commerce clause c. constitutional because it involves interstate commerce d. unconstitutional violation of the First Amendment rights of the alcohol businesses e. constitutional because it involves all mail-order firms

B

The Constitution gives Congress the power to tax in: a. Article I, Section 6, Clause 1 b. Article I, Section 7, Clause 1 c. Article I, Section 8, Clause 1 d. Article I, Section 9, Clause 1 e. Article I, Section 10, Clause 1

C

In Central Hudson Gas & Electric Corp. v. Public Service Comm., the New York utility commission ruled that electric utilities could not advertise to promote the use of electricity. The Supreme Court held that the regulation: a. failed the "strict construction" test that applies to all First Amendment issues b. failed the four-part analysis that applies to commercial speech restrictions c. passed the four-part analysis that applies to commercial speech restrictions d. passed the "strict construction" test that applies to all First Amendment issues e. passed the test concerning impact on interstate commerce

B

In Consolidated Edison Co. v. Public Service Comm., the New York utility commission ruled that the electric company could not send its customers information in support of nuclear power. The Supreme Court announced a test for such restrictions on information. Which of the following is not a part of the test applied to prohibitions on speech: a. is it a reasonable time, place or manner restriction b. does it apply to a for-profit organization c. does it apply to a permissible subject-matter d. is it a narrowly tailored way to achieve a compelling state interest e. all of the other choices are part of the test

B

In Davis v. Michigan Dept. of Treasury, Michigan exempted from state income taxes the retirement benefits paid to state employees. The state taxed all other retirement income, such as retired federal government employees' benefits. This law was found: a. unconstitutional violation of the necessary and proper clause b. unconstitutional violation of the commerce clause c. constitutional because it involves interstate commerce d. unconstitutional violation of the First Amendment rights of the state e. constitutional because it involves all states

B

In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state's natural resources. When this law was challenged, the Supreme Court announced a test of constitutionality that did not include which provision: a. whether another rule could be used to achieve the same purpose without discriminating against interstate commerce b. whether another rule would have a more beneficial impact on the state c. whether the rule was evenhanded with only incidental effects on interstate commerce d. whether the rule serves a legitimate local interest e. all of the other choices were part of the rule announced

B

In Hughes v. Oklahoma, the Supreme Court applied which test regarding the constitutionality of a state law prohibiting the export of minnows? a. a rational basis test b. a strict scrutiny test c. a gender-based test d. an intermediate level test e. a "nexus of the problem" test

B

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: a. constitutional because to hold otherwise would leave the Commerce Clause meaningless when regulation is "clearly necessary" b. constitutional because it met the criteria necessary for a warrantless search of a closely regulated business c. an unconstitutional violation of the Fourth Amendment since the police failed to obtain judicial approval for the searches d. an unconstitutional violation of the exclusionary rule e. none of the other choices

B

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. unconstitutional violation of the necessary and proper clause b. unconstitutional violation of the commerce clause c. constitutional because it involves interstate commerce d. unconstitutional violation of the First Amendment rights of the mail-order businesses e. constitutional because it involves all mail-order firms

B

One important constitutional issue resolved in the 1819 case of McCulloch v. Maryland was: a. the inferiority of federal law to state law b. the superiority of federal law to state law c. the superiority of local law to state law d. the superiority of international law to federal law e. the equality of powers of the states and the federal government in regulating business

B

Postal authority is an example of: a. an intrastate commerce b. an area states may not regulate c. an area each state regulates for itself d. an area the state district court regulates e. a private business

B

Refer to Fact Pattern 4-1. Prosecutor Reeves charges that your $10,000 contribution to Lucinda Snopes is illegal under a Georgia law that prohibits corporations from donating any money to political campaigns. You argue that this law infringes on your constitutional right to freedom of speech. You are: a. correct, state laws may not infringe upon constitutionally guaranteed rights such as freedom of speech b. correct, the state restriction is too far reaching c. incorrect, because your speech impedes interstate commerce and so cannot be considered "free speech" d. incorrect, because states may prohibit the use of corporate money for supporting political candidates e. correct, under the ruling of Southern Pacific v. Arizona

B

Refer to Fact Pattern 4-1. The question of whether or not you may attach the label criticizing regulation of pecan products, most significantly affects which of your rights? a. Fourth Amendment rights b. First Amendment rights c. Fifth Amendment rights d. rights to equal protection under the law e. constitutional right to profits

B

Regulation of commercial speech must be: a. "narrowly tailored to prevent monopolies" b. "narrowly tailored to achieve the desired objective" c. "narrowly tailored to make the corporation money" d. "broadly tailored to achieve the desired objective" e. none of the other choices are correct

B

Sometimes states legislate on the same subject as Congress. If Congress passes a regulation: a. states must abolish their regulations because state law cannot exist along with Federal law b. federal regulation takes precedence over state laws that conflicts with the federal standards c. state law has more power within the state as long as relevant actions occur in the state d. the states are able to reduce the impact of the federal law by adding their own law to it e. none of the other choices are correct

B

States have the power to impose: a. whatever taxes they need for "legitimate public purposes" b. taxes that do not impede interstate commerce c. only taxes that impact interstate commerce d. taxes against foreign corporations e. taxes against all producers of "harmful goods"

B

Suits against the media for defamation are: a. rarely successful in other countries b. rarely successful in the United States c. always successful in the United States d. never successful anywhere e. none of the other choices are correct

B

Suits against the media for defamation are: a. rarely successful in other countries b. often successful in other countries c. always successful in the United States d. never successful anywhere e. none of the other choices are correct

B

The Fifth Amendment protects individuals against: a. illegal search and seizure b. self-incrimination c. excessive fines d. trial without a jury e. none of the other choices

B

The First Amendment limits: a. police from searching a private home without a warrant and due process b. Congress from making certain laws restricting freedom of speech c. race and sex discrimination d. unequal taxes on in-state and out-of-state businesses e. Congress from restricting the right to bear arms

B

The Seventh Amendment of the U.S. Constitution: a. addresses the right of government to seize property b. addresses the right of persons to trial in common-law cases c. addresses the right of persons to trial by jury in criminal cases d. addresses the right of persons to engage in business e. none of the other choices are correct

B

The Supreme Court held that warrantless searches are generally unreasonable in commercial as well a private settings, except for "closely regulated" businesses in: a. New York v. Morriss b. Marshall v. Barlow's c. Dolan v. Tigard d. First Evangelical Lutheran e. Mulroney v. Hagar

B

The U.S. Constitution forbids: a. the federal government from regulating foreign trade b. states from regulating foreign trade c. states from accepting goods from other states d. states from accepting goods from other countries e. the federal government from engaging in trade treaties with other countries

B

The government seized a large amount of cash (as the "instrumentality" of the crime) being carried out of the country by a couple who failed to report that they were leaving the country with more than $10,000. The Supreme Court held that the seizure of the cash was: a. an unconstitutional search and seizure b. an unconstitutional excessive fine c. a constitutional search and seizure d. a constitutional fine, not excessive because of the extent of drug money laundering e. a constitutional taking based on the "significant interest" of the government

B

The part of the Constitution that gives Congress the authority to make laws to carry out powers granted to Congress in the Constitution is the: a. Commerce Clause b. Necessary and Proper Clause c. Contract Clause d. Takings Clause e. Due Process Clause

B

The right to trial is guaranteed in the Constitution in all of these cases except: a. a criminal trial b. a civil trial brought by the government c. a common law trial d. any trial in state court e. it is guaranteed in all of the other choices

B

The traditional primary use of the Fifth Amendment's just compensation (takings) clause is to require the government to pay: a. for all business records that must be produced for examination b. for property the government takes over c. for all reductions in private property value caused by regulations d. its employees a wage consistent with private sector wages e. none of the other choices

B

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: 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

B

Warrentless searches: a. are not allowed under any circumstances b. are allowed for "closely regulated" businesses c. are allowed for foreign businesses d. are allowed in New York City e. are allowed in Washington, D.C.

B

Which of the following restrictions on commercial speech would you expect to be held to be constitutional under the Central Hudson Gas & Electric test? a. a law prohibiting ads about gambling in Nevada in a state where gambling is illegal b. Federal Trade Commission rules restricting misleading advertising c. a state law prohibiting CPAs from sending letters to prospective clients soliciting their business d. a law prohibiting the advertising of prices of prescription drugs e. none of the other choices would be constitutional

B

With regard to state taxation, a major controversy today is: a. states' ability to tax same-sex unions b. states' ability to tax internet businesses c. states' ability to tax campaign contributions d. states' ability to tax local flea markets e. states' ability to tax oil found in the state

B

Commercial speech, such as an advertisement, may be regulated if it: a. it involves prices of certain things like prescription drugs b. it involves prices of regulated goods such as prescription drugs c. it is not truthful d. it is truthful e. none of the other choices are correct

C

"...nor shall private property be taken for public use, without just compensation." is part of: a. the Third Amendment of the U.S. Constitution b. the Fourth Amendment of the U.S. Constitution c. the Fifth Amendment of the U.S. Constitution d. the Sixth Amendment of the U.S. Constitution e. the Seventh Amendment of the U.S. Constitution

C

A tax tied to a requirement to keep detailed records of explosives sales: a. rewards businesses that make explosives b. protects businesses that make explosives c. keeps explosives sales under close federal supervision d. prevents explosives sales from being under federal supervision e. none of the other choices are correct

C

A tax tied to a requirement to keep detailed records of gun sales: a. rewards businesses that make guns b. protects businesses that make guns c. keeps gun sales under close federal supervision d. prevents gun sales from being under federal supervision e. none of the other choices are correct

C

Apportionment is meant to protect a company from: a. state taxes b. federal taxes c. being taxed on more than 100% of its income d. being taxed on more than 10% of its income e. being taxed by multiple states

C

Apportionment is: a. the dividing of a federal tax among businesses b. the dividing of a state tax among businesses c. a process of dividing a company's income into an in-state and an out-of-state portion d. a process of dividing a company's income into profit and loss e. none of the other choices are correct

C

Based on the Fourth Amendment, the exclusionary rule allows evidence: a. to be introduced at trial, no matter how obtained b. that is pertinent to "key issues" to be introduced at trial c. that is improperly gathered to be excluded from trial d. that is improperly gathered by non-government personnel to be excluded at trial e. that would otherwise be classified as "hearsay" to be used at trial

C

Bury-It Landfill operates a successful business disposing of refuse from Alabama and other states. In response to pressure from the environmental lobby, the Alabama legislature passes a law prohibiting Alabama landfill operators from accepting any out-of-state garbage. Bury-It challenges the law as unconstitutional. The landfill operator is likely to: a. lose the case because environmental protection is more important than profits b. lose the case because the state may decide what goods move across its borders c. win the case because the law violates the Commerce Clause d. win the case because the law violates the Separation of Powers doctrine e. win the case because promoting competitive business practices is more important than environmental concerns

C

Company X contributes to a group that opposes increases in state taxes. State Y has a law that prohibits businesses from donating money when the money may influence how people vote on issues. X challenges the law. A court will likely find: a. X is guilty of violating a valid state law b. the law is invalid because it impedes interstate commerce c. the law is invalid because it violates the First Amendment rights of the business d. the law is valid because it seeks only to restrict political speech by business e. the law is valid because states have the right to regulate political speech in general

C

Congress passes a law that employers must give employees up to 12 weeks unpaid leave to attend to family matters. The Virginia legislature decides that this in not enough and passes a law that requires employers in Virginia to provide 16 weeks unpaid leave. This law is likely: a. unconstitutional because its terms are different from those of the federal law b. unconstitutional because employee relations is a strictly federal area of concern c. constitutional as long as the law does not unnecessarily impede interstate commerce because it strengthens the federal law d. constitutional because states may regulate businesses in their borders in whatever manner they think appropriate e. unconstitutional because it invades the police power of the federal government

C

If Congress imposes a regulation on business that is constitutional: a. "local" businesses will be exempt b. the part of the business in intrastate commerce is exempt c. states may not enact similar laws that burden interstate commerce d. states may enact similar laws even if they burden interstate commerce e. none of the other choices are correct

C

If Congress imposes a regulation on business, the states: a. may not have any regulations in the same area of concern b. may adopt regulations to replace the federal regulations, but they may only apply inside the borders of the state c. usually may add rules that strengthen the impact of the federal rule inside the state d. usually may pass rules that would reduce the effect of the federal rule inside the state, if justified by special local conditions e. none of the other choices

C

In Bose Corp. v. Consumers Union, concerning a magazine article critical of Bose speakers, the Supreme Court held that: a. Consumers Union was prohibited by the First Amendment from criticizing a legal products b. there was "actual malice" in the article published in Consumer Reports that criticized a Bose product, hence there was no First Amendment protection of the speech c. since the criticism was shown to be true, Bose had to pay Consumers Union damages d. the First Amendment allows criticism of business in general, but the names of specific companies may not be mentioned e. none of the other choices

C

In Bose Corp. v. Consumers Union, concerning a magazine article critical of Bose speakers, the Supreme Court held that: a. Consumers Union was prohibited by the First Amendment from criticizing a legal products b. there was "actual malice" in the article published in Consumer Reports that criticized a Bose product, hence there was no First Amendment protection of the speech c. the First Amendment allows criticism of business as long as there is no actual malice d. the First Amendment allows criticism of business in general, but the names of specific companies may not be mentioned e. none of the other choices

C

In Central Hudson Gas & Electric Corp. v. Public Service Comm., the New York utility commission ruled that electric utilities could not advertise to promote the use of electricity. The Supreme Court announced a test of the constitutionality of such restrictions on commercial speech. Which of the following is not a part of that test: a. does the regulation directly advance a government interest b. is the speech about a lawful matter c. is the speech by a for-profit organization d. is the regulation no more extensive than necessary to serve the government interest e. all of the other choices are part of the test

C

In Consolidated Edison Co. v. Public Service Comm., the New York utility commission ruled that the electric company could not send its customers information in support of nuclear power. The Supreme Court examined this restriction applying several tests. Which test did it not apply? a. if it is a reasonable time, place, or manner restriction b. if the restriction is on a permissible subject matter c. if the restriction impedes interstate commerce d. if the restriction is as narrowly tailored as possible to serve a compelling state interest e. all of the other choices were tests applied

C

In Corey Airport Services v. Clear Channel Outdoor, where Corey lost a bid to provide services at the Atlanta airport and a jury then found there to be a conspiracy that deprived Corey of millions of dollars worth of business, the appeals court held that: a. Corey failed to obtain the proper paperwork for the suit to be properly allowed into court b. Corey failed to show that existing property had been taken c. Corey failed to show that it had been improperly treated differently than other members of a similar group d. Corey showed that it had been intentionally and improperly treated differently than other members of a similar group e. none of the other choices are correct

C

In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state's natural resources. When this law was challenged, the Supreme Court held: a. Oklahoma has a paramount interest in preserving its natural resources, so the law stands b. Oklahoma has no interest in preserving minnows, so the law fails c. Oklahoma violated the constitution by impermissibly burdening interstate commerce d. regulation of fish falls under the Fish and Wildlife Service, so Oklahoma preempted a federal law e. none of the other choices

C

In McCulloch v. Maryland, concerning a tax imposed by Maryland on a national bank, the Supreme Court held: a. the tax to be non-discriminatory, and so constitutional b. the taxation of banking was unconstitutional as an infringement on the money supply c. the tax violated federal supremacy d. the tax violated the Tenth Amendment e. none of the other choices

C

In Shapero v. Kentucky Bar Association the state bar association prohibited lawyers from soliciting business by sending truthful letters to prospective clients known to face possible legal action. The Supreme Court held that: a. the state bar association could, under special circumstances, restrict First Amendment rights b. the state bar association did not violate the First Amendment c. the state bar association violated the First Amendment d. the state bar association was engaged in illegal activities e. none of the other choices are correct

C

In addition to its restriction on "cruel and unusual punishments," the Eight Amendment of the U.S. Constitution also holds that: a. no fines more than $50,000 may be imposed in civil cases b. there is no limit to the fines that may be imposed c. no excessive fines may be imposed d. no firearms may be brought to court e. none of the other choices are correct

C

In the case Board of Trustees of the State University of New York v. Fox, the Supreme Court discussed the test for judging commercial-speech regulation. Part of the test is: a. if the regulation has a "pernicious impact" on speech b. based on an inquiry into the intent of the U.S. Congress c. if the state has a substantial interest in the regulation balanced by the cost of the restriction d. balancing First Amendment rights against the overarching requirements of the Commerce Clause e. none of the other choices

C

It would be for a state to impose a tax that provided a direct commercial advantage to local business. a. moral b. immoral c. unconstitutional d. constitutional e. legal, but immoral

C

Katzenbach v. McClung involved a restaurant that served food to black customers only at take-out windows. White customers would be seated. The Supreme Court held that the: a. business was not in violation of the Fourteenth Amendment because it was purely local b. amount of commerce involved was so trivial that Congress had no power to regulate it c. Civil Rights Act of 1964 was constitutional as it applied to public accommodations, due to the commerce clause d. Necessary and Proper Clause does not extend to businesses that are entirely local e. none of the other choices

C

Port cities in California imposed a property tax on cargo containers used by Japanese ships for loading and unloading cargo. The Supreme Court held the tax: a. constitutional because it was on foreign-owned property b. constitutional because it was imposed the same on all containers, regardless of ownership c. unconstitutional interference with foreign trade d. unconstitutional interference with the exclusive federal taxing power e. none of the other choices

C

Refer to Fact Pattern 4-1. How do the federal safety regulations affect Priscilla's? a. because Priscilla's is a strictly local business, these regulations do not affect you b. the federal regulations affect you only if they have the same content as the Georgia regulations c. the federal regulations apply to you d. the federal regulations do not apply to you based on the rationale of Wickard v. Filburn e. the federal regulations do not apply to you because the Georgia regulations are illegal

C

States may constitutionally impose a tax: a. on goods passing through the state for legitimate commercial purposes, so long as it is not sold in the state b. that taxes products from other states more heavily than in-state products c. on the income of businesses by using formulas that account for the intrastate share of interstate commerce d. a and b are correct e. a, b and c are correct

C

States may not copy federal regulations if: a. the imitation promotes interstate commerce b. the imitation promotes intrastate commerce c. the imitation inhibits interstate commerce d. the imitation inhibits intrastate commerce e. none of the other choices are correct

C

The Uniform Division of Income for Tax Purposes Act uses which of the following factors to divide a company's income: a. the extent of time employees spend in the state b. the type of sales made outside the state c. the percentage of a corporation's nationwide payroll paid to residents of the state d. all of the other specific choices are correct e. none of the other specific choices are correct

C

The Uniform Division of Income for Tax Purposes Act uses which of the following factors to divide a company's income: a. the extent of time employees spend in the state b. the type of sales made outside the state c. the percentage of a corporation's nationwide property located in the state d. all of the other specific choices are correct e. none of the other specific choices are correct

C

The Uniform Division of Income for Tax Purposes Act uses which of the following factors to divide a company's income: a. the extent of time employees spend in the state b. the type of sales made outside the state c. the percentage of a corporation's nationwide sales made to residents of the state d. all of the other specific choices are correct e. none of the other specific choices are correct

C

The constitutional right to jury trial in criminal cases is addressed by the: a. Fifth Amendment b. First Amendment c. Sixth Amendment d. Seventh Amendment e. none of the other choices

C

The first ten amendments of the U.S. Constitution are called: a. the Constitutional Amendments b. the Due Process Amendments c. the Bill of Rights d. the Articles of Confederation e. the Declaration of Independence

C

The necessary and proper clause allows Congress to: a. legislate on any matter b. pass only laws necessary and proper to effectively implement the Commerce Clause c. make all laws necessary and proper to carry out its constitutional powers d. regulate all local, in-state activities e. all of the other choices

C

Under the Fifth Amendment, when can a person be forced to produce documents for a government prosecution that could implicate a business in a violation of the law? a. never; one does not have to report business information that will be incriminating b. one must produce documents the government requires unless they will incriminate an employee of the business c. when ordered by a court; corporate records are not due such self-incrimination protection d. only if the person involved does not work for the business e. only if the person is a top executive of the business

C

Which of the following is a key part of the British constitution: a. the First Amendment b. the American Bill of Rights c. the Act of Settlement 1701 d. all of the other choices are key parts of the British constitution e. none of the other choices are correct

C

Which of the following is a key part of the British constitution: a. the First Amendment b. the American Bill of Rights c. the Act of Union 1707 d. all of the other choices are key parts of the British constitution e. none of the other choices are correct

C

Which of the following is a key part of the British constitution: a. the First Amendment b. the American Bill of Rights c. the Bill of Rights 1689 d. all of the other choices are key parts of the British constitution e. none of the other choices are correct

C

Which of the following is a key part of the British constitution: a. the First Amendment b. the American Bill of Rights c. the Magna Carta d. all of the other choices are key parts of the British constitution e. none of the other choices are correct

C

"No state shall...deprive any person of life, liberty, or property, without due process of law..." is a part of the: a. First Amendment b. Fifth Amendment c. Tenth Amendment d. Fourteenth Amendment e. Declaration of Independence

D

Agents of the Software Agency (SA) check companies to be sure all the software they use is properly licensed, not copied. SA agents arrive at Bob's Drugs to conduct an inspection. Bob asks the agent to see her search warrant, otherwise he will not admit her. The SA contends that a warrant is not needed to conduct a routine search to see if SA regulations are being followed. The Supreme Court is likely to say that warrants by SA officials are: a. not needed to search property regulated by Congress given its authority under the commerce clause b. not needed to search business property because the Fourth Amendment (search and seizure) only applies to persons and their property c. not needed because the Third Amendment (quartering of federal officials) allows entry into property by government officials as needed for law enforcement purposes d. needed to search business property because the Fourth Amendment (search and seizure) applies to businesses as well as persons e. needed because the Third Amendment (quartering of federal officials) does not allow entry into property by government officials for law enforcement purposes without a warrant

D

Congress has the power to "lay and collect Taxes." When the Supreme Court reviews the taxing activity of Congress, it: a. closely inspects Congressional actions for evidence of "discriminatory intent" b. limits what Congress may do to protect citizens from violations of the Sixth Amendment c. limits what Congress may do because the Court controls Congressional spending d. rarely questions Congressional taxing schemes e. is prohibited by the Constitution from questioning Congressional tax schemes

D

Despite the broad scope of the First Amendment right of freedom of speech, newspapers are not free to print: a. truthful stories that harm a person's reputation b. truthful stories that harm a business' reputation c. stories of questionable truthfulness that cause no harm d. statements it knows are false that defame someone e. print any stories degrading elected federal officials

D

Dr. Ayau is a new doctor who has just set up a practice in San Diego. She places ads in the papers to tell people that she will see patients and she will be in her office on Sundays. The California Medical Assn. (CMA) moves to strip Dr. Ayau of her license to practice medicine because such ads are unethical. The Supreme Court is likely to say that the CMA: a. has the right, under state law, to regulate the practice of medicine and to set ethical standards for all physicians b. has the right, under the necessary and proper clause, to regulate advertising medicine c. has the right, under the commerce clause, to so regulate the advertising of medicine d. cannot prevent doctors from using truthful advertising to help their business e. cannot regulate medicine because it conflicts with the right of Congress to do so

D

Fifth Amendment protection does not apply to: a. individuals b. private citizens c. minors d. corporations e. none of the other choices are correct

D

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

D

Government agents may monitor online chat rooms on the Internet to listen for evidence of illegal trading of child pornography. When challenged, a federal court held that this practice: a. was an unconstitutional violation of the 4th Amendment as a form of warrantless search b. was an unconstitutional violation of the 4th Amendment right to privacy c. was an unconstitutional violation of the 1st Amendment right to freedom of speech d. was constitutional because there was no right to privacy in that location e. none of the other choices

D

In Consolidated Edison Co. v. Public Service Comm., the New York utility commission ruled that the electric company could not send its customers information in support of nuclear power. The Supreme Court held the commission was: a. correct; the customers were a captive audience that could not avoid the information b. correct; the utility is regulated by the state, so any expenditure of funds can be controlled c. correct; nuclear power is a political issue, discussions may be limited by firms affected by public policies d. incorrect; the utility has a First Amendment right to discuss political issues e. incorrect; no government agency may impose restrictions on the speech of private parties

D

In Fresenius Medical Care Holdings v. Tucker, where a Florida law prohibited physicians from having a significant financial interest in businesses to which patients were referred, the appeals court held that: a. the district court failed to ask whether the defendant has been deprived of a protected liberty or property interest and to ask whether the deprivation occurred without due processs b. district court failed to ask whether the plaintiff has been deprived of money and to ask whether the deprivation occurred without equal process c. the law did not violate equal protection under the 14th amendment as it applies to physicians and non- physicians d. the law survives a rational basis review and does not deprive physicians of substantive due process e. none of the other choices are correct

D

In Kelo v. City of New London, Conn., where the city forced people to sell their houses so there could be a new large private project built, the Supreme Court held that the forced sale: a. was legitimate as long as the city used the property for government purposes b. violated the takings clause because the largest impact of the action fell on minorities c. violated the takings clause because property owners were not paid fair market value d. was legitimate even if the city sold the property to a private party e. none of the other choices

D

In Northwestern States Portland Cement v. Minnesota, the Supreme Court ruled on whether a state could "impose taxes upon persons passing through the state." Such taxes were held: a. permissible so long as they protected the health and safety of the citizens b. permissible so long as they were imposed on businesses, not persons c. permissible as long as they were "rational" in impact d. impermissible because they violated the Commerce Clause e. impermissible because they violated the Fifth Amendment

D

In South-Central Timber Development v. Wunnicke, concerning federal and state regulation of Alaska timber processing, the Supreme Court held: 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"

D

In Southern Pacific Co. v. Arizona, concerning whether Arizona could, for safety considerations, require trains traveling through the state be a shorter length than trains traveling through other states. The Supreme Court held the Arizona law was: a. valid because it concerned a legitimate state interest to improve transportation safety b. valid because Congress had not passed legislation dealing with the length of trains c. valid because it did not conflict with federal standards d. invalid because it impeded interstate commerce e. none of the other choices

D

In practice, the commerce clause of the Constitution: a. has little effect on the operation of international trade b. applies only to corporations c. has no effect within individual states d. has a significant effect on the operation of all businesses e. is rarely used by Congress

D

In the U.S. Constitution was ratified and became effective. a.1776 b. 1781 c. 1787 d. 1789 e. 1791

D

In the case Board of Trustees of the State University of New York v. Fox, the Supreme Court discussed the test for judging commercial-speech regulation. The standard for judging commercial speech regulation is: a. "not necessarily perfect and unreasonable" b. "imperfect and unnecessary" c. "perfect and necessary" d. "not necessarily perfect but reasonable" e. "never perfect, but reasonable"

D

Indiana imposes a one percent property tax on grocery stores built before 1970 and a five percent property tax on grocery stores built after 1970. The different tax rates are probably: a. unconstitutional; they violate the commerce clause protection of interstate commerce b. constitutional; they do not violate the commerce clause protection of interstate commerce c. unconstitutional; they violate the right of Congress to regulate interstate and intrastate commerce d. unconstitutional; they violate the equal protection clause of the Fourteenth Amendment e. none of the other choices

D

Katzenbach v. McClung involved a restaurant that served food to black customers only at take-out windows. White customers would be seated. The Department of Justice was able to successfully sue the restaurant for violation of the Civil Rights Act because: a. the restaurant was in an area where segregation was legal b. the restaurant owner was white c. the restaurant owner was black d. the restaurant bought more than half its food from outside the state e. the restaurant only sold food to local people

D

Refer to Fact Pattern 4-1. Georgia may pass pecan regulations for Georgia producers that are stricter than the federal regulations so long as: a. the state regulations do not conflict with the intent of the federal regulations b. the state regulations are constitutional c. the state regulations do not impede interstate commerce d. all three of the specific choices are correct e. none of the other choices are correct

D

Refer to Fact Pattern 4-1. The tax Georgia places on out-of-state pecan producers is: a. a legal reaction to a safety concern b. an illegitimate expression of state separatism c. illegal because it violates the Sixth Amendment d. illegal because it interferes with interstate commerce e. legal according to Quill Corp. v. North Dakota

D

Refer to Fact Pattern 4-1. Your attorney will rely on which case to argue that the labels are legal, protected speech and the regulation is unconstitutional: a. Wickard v. Filburn b. New York v. Burger c. Katzenbach v. McClung d. Consolidated Edison v. Public Service Comm. of New York e. Japan Line Ltd. v. County of Los Angeles

D

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

D

Southern Pacific Co. v. Arizona concerned whether Arizona could, for safety considerations, require trains traveling through the state be a shorter length than trains traveling through other states. The Supreme Court justified striking down the Arizona law because: a. because the law did not concern a legitimate state interest to improve transportation safety b. because Congress had passed legislation dealing with the length of trains c. because the law conflicted with federal standards d. because the law interfered with interstate commerce e. none of the other choices

D

Which of the following is likely to violate the due process clause: a. laws that do not treat people equally b. laws that shock the conscience of a court c. laws that infringe on fundamental liberty interests d. b and c e. a, b and c

D

State regulations: a. may contradict federal regulations b. may be unwritten, but federal regulations must be written c. may overrule federal regulations d. may not contradict or reduce the standards imposed by federal law e. may reduce the standards of federal regulations in certain cases

D

Suppose the Texas legislature ruled that all motorcycle drivers and passengers under the age of 21 had to wear helmets. This could be attacked by a young motorcycle driver who did not want to wear a helmet as a violation of: a. the due process clause because it is a restriction on personal freedom b. the due process clause because it does not advance a state interest c. the equal protection clause because it applies to people under 21 d. all of the other choices e. none of the other choices

D

The clause of the Constitution give Congress the authority to make laws to carry out the powers granted to Congress in the Constitution. a. commerce clause b. contract clause c. legislative clause d. necessary and proper clause e. due process clause

D

The Fourth Amendment of the Constitution: a. protects individuals from unreasonable search and seizure b. protects businesses from unreasonable search and seizure c. protects the right of citizens to bear arms d. a and b e. a, b and c

D

The Klan Motel is one of twenty motels in town but the only one that refuses to rent rooms to non-whites. Congress holds that motels may not discriminate on the basis of race. The Klan Motel challenges the regulation as it applies to that motel. The owner will: a. win; so long as there are plenty of motels available, there is no significant effect on interstate commerce by such discrimination b. win; a motel is a place of private, not public, accommodations c. lose; all forms of racial discrimination are forbidden by the Commerce Clause d. lose; Congress may regulate such local businesses e. lose if the state in which the motel is located has passed a similar law to apply to motels

D

The state of California told the owners of a beach-front house that, before it would issue a building permit to allow expansion of the house, the owners had to agree to allow public use of their beach property. The Supreme Court held that this: a. was a proper use of state police power b. was a proper use of state regulatory power for "the public welfare" c. regulation of beach land was consistent with federal law and so was permissible d. was an unjust taking of property without compensation e. regulation was inconsistent with existing federal law and so was stricken

D

When state action either shocks the conscience or offends judicial notions of fairness and human dignity it is violating: a. the First Amendment b. the Sixth Amendment c. fair process d. due process e. due law

D

Which of the following is NOT an Article of the Constitution: a. composition and powers of Congress b. selection and powers of the president c. creation and powers of the federal judiciary d. role of the taxpayers in balancing the budget e. all of the other specific choices are Articles of the Constitution

D

"...nor shall private property be taken for public use, without just compensation." is part of: a. the Third Amendment of the U.S. Constitution b. the Fourth Amendment of the U.S. Constitution c. the Seventh Amendment of the U.S. Constitution d. the Sixth Amendment of the U.S. Constitution e. none of the other choices are correct

E

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed" is the: a. First Amendment of the U.S. Constitution b. Sixth Amendment of the U.S. Constitution c. Third Amendment of the U.S. Constitution d. Fifth Amendment of the U.S. Constitution e. none of the other choices are correct

E

"No person shall be...compelled in any criminal case to be a witness against himself." is the: a. Second Amendment of the U.S. Constitution b. First Amendment of the U.S. Constitution c. Sixth Amendment of the U.S. Constitution d. Fourth Amendment of the U.S. Constitution e. none of the other choices are correct

E

"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause...." is the: a. First Amendment of the Constitution b. Sixth Amendment of the Constitution c. Third Amendment of the Constitution d. Fifth Amendment of the Constitution e. none of the other choices are correct

E

A law must relate rationally to a legitimate government interest to: a. satisfy legal process requirements b. satisfy fair process requirements c. satisfy exceptional process requirements d. satisfy state process requirements e. none of the other choices are correct

E

Agents of the Software Agency (SA) check companies to be sure all the software they use is properly licensed, not copied. SA agents arrive at Bob's Drugs to conduct an inspection. Bob asks the agent to see her search warrant, otherwise he will not admit her. The SA contends that a warrant is not needed to conduct a routine search to see if SA regulations are being followed. The Supreme Court is likely to say that warrants by SA officials are: a. not needed to search property regulated by Congress given its authority under the commerce clause b. not needed to search business property because the Fourth Amendment (search and seizure) only applies to persons and their property c. not needed because the Third Amendment (quartering of federal officials) allows entry into property by government officials as needed for law enforcement purposes d. needed because the Third Amendment (quartering of federal officials) does not allow entry into property by government officials for law enforcement purposes without a warrant e. none of the other choices

E

Among other things, the 14th Amendment protects due process rights and: a. protects freedom of speech b. protects the citizen's right to bear arms c. protects freedom of religion d. provides no other protection e. none of the other choices

E

An amendment to the Constitution may be approved to become effective by: a. a majority of state supreme courts to become effective b. passing 2/3 of the state legislatures after passing by a 2/3 vote in the Senate and House c. passing 2/3 of the state legislatures after passing a majority vote in the Senate and House d. the President and 2/3 of the Senate e. none of the other choices

E

Based on the Fourth Amendment, the exclusionary rule allows evidence: a. to be introduced at trial, no matter how obtained b. that is pertinent to "key issues" to be introduced at trial c. that is gathered by non-government personnel to be excluded at trial d. that would otherwise be classified as "hearsay" to be used at trial e. none of the other choices

E

Congress has the power to "lay and collect Taxes." When the Supreme Court reviews the taxing activity of Congress, it: a. closely inspects Congressional actions for evidence of "discriminatory intent" b. limits what Congress may do to protect citizens from violations of the Sixth Amendment c. limits what Congress may do because the Court controls Congressional spending d. is prohibited by the Constitution from questioning Congressional tax schemes e. none of the other choices

E

Congress passes a law that employers must give employees up to 12 weeks unpaid leave to attend to family matters. The Virginia legislature decides that this in not enough and passes a law that requires employers in Virginia to provide 16 weeks unpaid leave. This law is likely: a. unconstitutional because its terms are different from those of the federal law b. unconstitutional because employee relations is a strictly federal area of concern c. constitutional because states may regulate businesses in their borders in whatever manner they think appropriate d. unconstitutional because it invades the police power of the federal government e. none of the other choices

E

Despite the broad scope of the First Amendment right of freedom of speech, newspapers are not free to print: a. truthful stories that harm a person's reputation b. truthful stories that harm a business' reputation c. stories of questionable truthfulness that cause no harm d. print any stories degrading elected federal officials e. none of the other choices are correct

E

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: 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

E

Dr. Ayau is a new doctor who has just set up a practice in San Diego. She places ads in the papers to tell people that she will see patients and she will be in her office on Sundays. The California Medical Assn. (CMA) moves to strip Dr. Ayau of her license to practice medicine because such ads are unethical. The Supreme Court is likely to say that the CMA: a. has the right, under state law, to regulate the practice of medicine and to set ethical standards for all physicians b. has the right, under the necessary and proper clause, to regulate advertising medicine c. has the right, under the commerce clause, to so regulate the advertising of medicine d. cannot regulate medicine because it conflicts with the right of Congress to do so e. none of the other choices

E

Federal regulation state regulation. a. is more detailed than b. never takes precedence over c. occasionally takes precedence over d. is weaker than e. none of the other choices are correct

E

Florida passes a tax that applies only to foreign ships that unload cargo at the ports of Miami and Tampa. This tax is: a. unconstitutional; states must charge fees for the use of public facilities b. constitutional; it is related to benefits received c. constitutional; it only applies to foreign merchants, so it does not discriminate against interstate commerce d. constitutional so long as the federal government imposes a similar tax e. none of the other choices

E

If Congress imposes a regulation on an industry that has a limiting effect, the Supreme Court has held that, in general: a. Congress may not impose regulations that burden foreign firms doing business in the U.S. b. Congress may regulate commerce only with approval of the affected states c. Congress may not regulate intrastate commerce, if the effect is "inherently uncompetitive" d. States may then imitate the regulation at the state level e. Congress may burden interstate commerce, but states may not do so unless authorized by Congress

E

If Congress imposes a regulation on an industry that has a limiting effect, the Supreme Court has held that, in general: a. Congress may not impose regulations that burden foreign firms doing business in the U.S. b. Congress may regulate commerce only with approval of the affected states c. Congress may not regulate intrastate commerce, if the effect is "inherently uncompetitive" d. States may then imitate the regulation at the state level e. none of the other choices

E

If Congress imposes a regulation on business, the states: a. may not have any regulations in the same area of concern b. may adopt regulations to replace the federal regulations, but they may only apply inside the borders of the state c. may impose stronger conditions on out-of-state businesses that come to the state than are imposed by the federal rules d. usually may pass rules that would reduce the effect of the federal rule inside the state, if justified by special local conditions e. none of the other choices

E

In Baccus Imports v. Dias, The state of Hawaii imposed a 20 percent tax on all alcoholic beverages except for local products. This law was found: a. unconstitutional violation of the necessary and proper clause b. constitutional because it involves all alcohol businesses c. constitutional because it involves interstate commerce d. unconstitutional violation of the First Amendment rights of the alcohol businesses e. none of the other choices are correct

E

In Braswell v. U.S., the president and sole shareholder of a company refused to produce business records, claiming a 5th Amendment privilege against self-incrimination. The Supreme Court held that the 5th Amendment protection: a. applied to records that could implicate Braswell personally b. applied to the president because, as sole shareholder, he was the corporation, so the records were protected c. was available because Braswell, as president, was an employee of the corporation d. Braswell had to produce the records because of strong government interest in safety e. none of the other choices

E

In Central Hudson Gas & Electric Corp. v. Public Service Comm., the New York utility commission ruled that electric utilities could not advertise to promote the use of electricity. The Supreme Court announced a test of the constitutionality of such restrictions on commercial speech. Which of the following is not a part of that test: a. does the regulation directly advance a government interest b. is the speech about a lawful matter c. is there a substantial government interest in the matter d. is the regulation no more extensive than necessary to serve the government interest e. all of the other choices are part of the test

E

In Central Hudson Gas & Electric Corp. v. Public Service Comm., the New York utility commission ruled that electric utilities could not advertise to promote the use of electricity. The Supreme Court held that the: a. First Amendment right of free speech had been violated because there may be no limit on any speech on commercial matters b. First Amendment right of free speech had not been violated because it does not protect commercial advertising c. First Amendment right of free speech had not been violated, not because commercial speech has no protection, but because of public interest in energy conservation d. state of New York cannot regulate public utilities without federal approval because of the commerce clause e. none of the other choices

E

In Consolidated Edison Co. v. Public Service Comm., the New York utility commission ruled that the electric company could not send its customers information in support of nuclear power. The Supreme Court examined this restriction applying several tests. Which test did it not apply? a. if it is a reasonable time, place, or manner restriction b. if the restriction is on a permissible subject matter c. if the restriction is narrowly designed to serve a compelling state interest d. it applied none of these tests e. it applied all of these tests

E

In Consolidated Edison Co. v. Public Service Comm., the New York utility commission ruled that the electric company could not send its customers information in support of nuclear power. The Supreme Court held the commission was: a. correct; the customers were a captive audience that could not avoid the information b. correct; the utility is regulated by the state, so any expenditure of funds can be controlled c. correct; nuclear power is a political issue, discussions may be limited by firms affected by public policies d. incorrect; government agencies may not impose restrictions on the speech of private parties e. none of the other choices

E

States may constitutionally impose a special tax: a. on persons only passing through the state for business purposes b. that only applies to foreign corporations doing business in the state c. that taxes interstate business more heavily than intrastate business d. on non-state residents who visit the state e. none of the other choices

E

In Corey Airport Services v. Clear Channel Outdoor, where Corey lost a bid to provide services at the Atlanta airport and a jury then found there to be a conspiracy that deprived Corey of millions of dollars worth of business, the appeals court held that: a. that a state actor had intentionally treated it differently than others members of a similar group b. that there was no rational basis for the difference in treatment Corey suffered c. both that a state actor had intentionally treated it differently than others similarly situated, and that there was no rational basis for the difference in treatment d. that equal protection does not apply to businesses, only to persons e. none of the other choices are correct

E

In Davis v. Michigan Dept. of Treasury, Michigan exempted from state income taxes the retirement benefits paid to state employees. The state taxed all other retirement income, such as retired federal government employees' benefits. This law was found: a. unconstitutional violation of the necessary and proper clause b. constitutional because it involves state benefits c. constitutional because it involves interstate commerce d. unconstitutional violation of the First Amendment rights of the state e. none of the other choices are correct

E

In Fresenius Medical Care Holdings v. Tucker, where a Florida law prohibited physicians from having a significant financial interest in businesses to which patients were referred, the appeals court held that: a. since the law had a rational basis related to the regulation of interstate commerce, it did not violate the Constitution b. since the law did not have a rational basis related to a legitimate legislative goal, it violated due process c. since the law had a rational basis related to a legitimate legislative goal, it did not violate the equal protection clause of the 14th amendment d. since the law did not have a rational basis related to a legitimate legislative goal, it violated the equal protection clause of the 14th amendment e. none of the other choices are correct

E

In Fresenius Medical Care Holdings v. Tucker, where a Florida law prohibited physicians from having a significant financial interest in businesses to which patients were referred, the appeals court held that: a. to ask whether the plaintiff has been deprived of a protected liberty or property interest and to ask whether the deprivation occurred without legislative approval b. to ask whether the plaintiff has been deprived of money and to ask whether the deprivation occurred without equal process c. to ask whether the plaintiff has been deprived of a protected liberty or property interest and to ask whether the deprivation occurred without judicial approval d. to ask whether the plaintiff voluntarily relinquished a protected liberty or property interest and to ask whether the relinquishment occurred without just compensation e. none of the other choices are correct

E

In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state's natural resources. When this law was challenged, the Supreme Court announced a test of constitutionality that did not include which provision: a. whether another rule could be used to achieve the same purpose without discriminating against interstate commerce b. whether the rule was evenhanded with only incidental effects on interstate commerce c. whether the rule serves a legitimate local interest d. the specific choices are all correct e. none of the other choices are correct

E

In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state's natural resources. When this law was challenged, the Supreme Court held that the law was inconsistent with the basic principle that: a. our legal unit is the Nation b. our economic unit is the State c. the State has ultimate authority d. the Nation has ultimate authority e. none of the other choices

E

In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state's natural resources. When this law was challenged, the Supreme Court held: a. Oklahoma has a paramount interest in preserving its natural resources, so the law stands b. Oklahoma has no interest in preserving minnows, so the law fails c. Oklahoma was improperly "taking property without compensation" d. regulation of fish falls under the Fish and Wildlife Service, so Oklahoma preempted a federal law e. Oklahoma was using a discriminatory method to achieve its conservation goals

E

In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state's natural resources. When this law was challenged, the Supreme Court held: a. Oklahoma has a paramount interest in preserving its natural resources, so the law stands b. Oklahoma has no interest in preserving minnows, so the law fails c. Oklahoma was improperly "taking property without compensation" d. regulation of fish falls under the Fish and Wildlife Service, so Oklahoma preempted a federal law e. none of the other choices

E

In Hughes v. Oklahoma, the Supreme Court applied which test regarding the constitutionality of a state law prohibiting the export of minnows? a. a rational basis test b. a gender-based test c. an intermediate level test d. a "nexus of the problem" test e. none of the other

E

In Katzenbach v. McClung, the Supreme Court held that Congress had, in passing the Civil Rights Act of 1964, used which basis for applying federal regulations to a small restaurant? a. a strict scrutiny basis b. a preponderance of the evidence basis c. an indirect effects basis d. a scintilla basis e. none of the other choices

E

In Kelo v. City of New London, Conn., where the city forced people to sell their houses so there could be a new large private project built, the Supreme Court held that the forced sale: a. was legitimate as long as the city used the property for government purposes b. violated the takings clause because the largest impact of the action fell on minorities c. violated the takings clause because property owners were not paid fair market value d. was legitimate if approved by the federal Department of Housing e. none of the other choices

E

In McCulloch v. Maryland, concerning a tax imposed by Maryland on a national bank, the Supreme Court held: a. the tax to be non-discriminatory, and so constitutional b. the taxation of banking was unconstitutional as an infringement on the money supply c. the tax was legal only because Congress had approved such state taxation d. the tax violated the Tenth Amendment e. none of the other choices

E

In McCulloch v. Maryland, the Supreme Court held: a. the state of Maryland could not create a bank without federal government permission b. because banks were not mentioned in the Constitution they could not be created without amending the Constitution c. Congress did not validly amend the Constitution before it created a national bank d. National banks violated the Necessary and Proper Clause e. none of the other choices

E

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. 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

E

In Skinner v. Railway Labor Executives Assn., blood, breath, and urine tests of railroad employees were performed to test for drug or alcohol use. These tests were challenged as an unconstitutional warrantless search of persons. The Supreme Court held that the tests: a. were too invasive, and so, an unconstitutional violation of the Fourth Amendment b. violated the Fourth Amendment because they were done without a warrant c. were an unacceptable impediment to free interstate trade d. violated the railroad employees' freedom of expression, and so were unconstitutional e. none of the other choices

E

In Skinner v. Railway Labor Executives Assn., tests of railroad employees were performed for drug or alcohol use. These tests were challenged as an unconstitutional warrantless search of persons. The Supreme Court held that the tests: a. were too invasive, and so, an unconstitutional violation of the Fourth Amendment regarding improper searches b. were unnecessary to insure public safety, and so were unconstitutional c. were an unacceptable impediment to free interstate trade d. violated the railroad employees' freedom of expression, and so were unconstitutional e. were not unconstitutional because railroads are regulated and the public has a strong interest in safety

E

In South-Central Timber Development v. Wunnicke, concerning federal and state regulation of Alaska timber processing, the Supreme Court held: 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. States may place substantial burdens on interstate commerce e. none of the other choices

E

In Southern Pacific Co. v. Arizona, concerned whether Arizona could, for safety considerations, require trains traveling through the state be a shorter length than trains traveling through other states. The Supreme Court held the Arizona law was valid: a. because it concerned a legitimate state interest to improve transportation safety b. because Congress had not passed legislation dealing with the length of trains c. because it did not conflict with federal standards d. because it only applied to intrastate trains e. none of the other choices

E

In Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council concerning a Virginia law prohibiting the advertising of prices of prescription drugs the Supreme Court held that: a. the law was appropriate because people must be protected from their own ignorance b. the law was constitutional c. the law hindered interstate commerce d. the law promoted interstate commerce e. none of the other choices are correct

E

Individuals are protected from self-incrimination by: a. the Fourth Amendment b. the Sixth Amendment c. the First Amendment d. the Second Amendment e. none of the other choices are correct

E

Katzenbach v. McClung involved a restaurant that served food to black customers only at take-out windows. White customers would be seated. The Department of Justice was able to successfully sue the restaurant for violation of the Civil Rights Act because: a. the restaurant was in an area where segregation was legal b. the restaurant owner was white c. the restaurant owner was black d. the restaurant only sold food to local people e. none of the other choices are correct

E

Katzenbach v. McClung involved a restaurant that served food to black customers only at take-out windows. White customers would be seated. The Supreme Court held that the: a. business was not in violation of the Fourteenth Amendment because it was purely local b. amount of commerce involved was so trivial that Congress had no power to regulate it c. business could be regulated by the federal government under the Tenth Amendment d. Necessary and Proper Clause does not extend to businesses that are entirely local e. none of the other choices

E

Many key parts of the Constitution are written: a. as an allegory of the human struggle b. in specific language granting rights to citizens c. in highly specific language capable of one interpretation d. in vague language with no specific rights enumerated e. in language that can be interpreted in different ways

E

Ohio Phone, a regulated company, sends a flyer to customers with their monthly bill. One flyer tells customers that the Ohio Phone Comm. does not let the company charge fair prices and that the quality of phone service will fall. The Commission orders the company to stop sending mailings that discuss these issues, since the customers are forced to pay for the mailings as a part of their service. The Supreme Court is likely to say that such mailings: a. are constitutional under the Fifth Amendment as private property b. may be prohibited under the Constitution because the First Amendment does not protect political speech by regulated companies c. may be prohibited under the commerce clause because state regulation of utility monopolies is nearly unlimited d. could not be addressed by the U.S. Supreme Court; it is a matter for Ohio law e. none of the other choices

E

One important constitutional issue resolved in the 1819 case of McCulloch v. Maryland was: a. the inferiority of federal law to state law b. the superiority of local law to state law c. the superiority of international law to federal law d. the equality of powers of the states and the federal government in regulating business e. none of the other choices

E

Port cities in California imposed a property tax on cargo containers used by Japanese ships for loading and unloading cargo. The Supreme Court held the tax: a. constitutional because it was on foreign-owned property b. constitutional because it was imposed the same on all containers, regardless of ownership c. unconstitutional interference with states' rights d. unconstitutional interference with the exclusive federal taxing power e. none of the other choices

E

Restrictions on advertising for professional services are: a. a violation of Fourth Amendment rights b. constitutional due to the First Amendment c. immoral d. a violation of Second Amendment rights e. none of the other choices are correct

E

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: a. no right to a jury trial only if the trial was held in some state courts b. a right to a jury trial in any court c. a right to a jury trial only if the trial was held in some state courts d. no right to a trial since this is a civil law case e. none of the other choices

E

The First Amendment provides protection for which of the following kinds of speech? a. political speech by private citizens b. political speech by corporations c. commercial speech by businesses d. commercial speech by private citizens e. all of the other choices

E

The Fourteenth Amendment: 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

E

The Klan Motel is one of twenty motels in town but the only one that refuses to rent rooms to non-whites. Congress holds that motels may not discriminate on the basis of race. The Klan Motel challenges the regulation as it applies to that motel. The owner will: a. win; so long as there are plenty of motels available, there is no significant effect on interstate commerce by such discrimination b. win; a motel is a place of private, not public, accommodations c. lose; all forms of racial discrimination are forbidden by the Commerce Clause d. lose if the state in which the motel is located has passed a similar law to apply to motels e. none of the other choices

E

The Second Amendment of the U.S. Constitution protects: a. the right to publish defamatory information b. freedom of speech c. the right to marry anyone d. freedom of the press e. none of the other choices are correct

E

The Seventh Amendment of the U.S. Constitution: a. addresses the right of government to seize property b. addresses the right of persons to bear arms c. addresses the right of persons to trial by jury in criminal cases d. addresses the right of persons to engage in business e. none of the other choices are correct

E

The Sixth Amendment of the U.S. Constitution: a. addresses the right of government to seize property b. addresses the right of persons to bear arms c. addresses the right of persons to marry d. addresses the right of persons to engage in business e. none of the other choices are correct

E

The commerce clause of the Constitution gives Congress the power to regulate trade: a. with foreign nations but not trade among the states b. among the states but not trade with foreign nations c. among the states, so long as the states involved approve, and trade with foreign nations d. only among U.S. citizens e. none of the other choices

E

The commerce clause of the U.S. Constitution: a. gives Congress the authority to control the money supply b. gives each state power to regulate commerce c. gives the President the power to regulate commerce d. was adopted by passage of the Third Amendment e. none of the other choices

E

The federal Clean Air Act sets specific pollution standards. California adopts even stricter pollution standards instate. This standard is likely to be found: a. unconstitutional; states may not pass regulatory standards different than those of Congress b. unconstitutional; states may not pass stronger regulatory standards than those of Congress c. unconstitutional; the standard will reduce the ability of California to compete in interstate commerce d. constitutional; the necessary and proper clause lets states pass regulations needed for local conditions e. none of the other choices

E

The government seized a large amount of cash (as the "instrumentality" of the crime) being carried out of the country by a couple who failed to report that they were leaving the country with more than $10,000. The Supreme Court held that the seizure of the cash was: a. an unconstitutional search and seizure b. a constitutional taking based on the "significant interest" of the government c. a constitutional search and seizure d. a constitutional fine, not excessive because of the extent of drug money laundering e. none of the other choices

E

The most important part of the Constitution with respect to businesses is: a. Article I, Section 9 b. Article I, Section 7 c. Article II, Section 8 d. Article II, Section 9 e. none of the other choices are correct

E

The most important part of the Constitution with respect to businesses is: a. Article I, Section 9 b. Article I, Section 7 c. Article II, Section 8 d. Article II, Section 9 e. Article I, Section 8

E

The most important part of the Constitution with respect to businesses is: a. the money clause b. the business clause c. the trade clause d. the mercantile clause e. none of the other choices are correct

E

The part of the Constitution that probably has the largest impact on business is knows as: a. the Federal Supremacy Clause b. the Equal Protection Clause c. the Matters of Interest Clause d. the Business Clause e. the Commerce Clause

E

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

E

There are limits on Congressional power to regulate commerce. Congress may not: a. regulate trade among the states b. regulate a business that has a de minimis effect on interstate commerce c. impose a tax to regulate rather than raise revenue d. regulate trade between state governments e. none of the other choices are correct

E

To help stimulate jobs in its wine industry, New York does not tax New York wines but taxes other wines $1 per bottle. This tax is: a. a constitutional control on intrastate business b. constitutional, so long as it is not shown to impede foreign trade c. constitutional because New York state interests outweigh other states' interests d. constitutional because states have control over alcoholic beverage sales e. none of the other choices

E

To help stimulate jobs in its wine industry, New York does not tax New York wines but taxes other wines $1 per bottle. This tax is: a. a constitutional control on intrastate business b. constitutional, so long as it is not shown to impede foreign trade c. constitutional because New York state interests outweigh other states' interests d. unconstitutional because it violates the Necessary and Proper Clause e. unconstitutional because it violates the Commerce Clause

E

Under the Fifth Amendment, when can a person be forced to produce documents for a government prosecution that could implicate a business in a violation of the law? a. never; one does not have to report business information that will be incriminating b. one must produce documents the government requires unless they will incriminate an employee of the business c. only if the person is a top executive of the business d. only if the person involved does not work for the business e. none of the other choices

E

When state action either shocks the conscience or offends judicial notions of fairness and human dignity it is violating: a. the First Amendment b. the Sixth Amendment c. fair process d. due law e. none of the other choices are correct

E

When the state infringes on fundamental liberty interests without narrowly tailoring that infringement to serve a compelling state interest it is violating: a. fair process b. fair game c. fair play d. due law e. none of the other choices are correct

E

Which of the following is NOT an Article of the Constitution: a. composition and powers of Congress b. selection and powers of the president c. creation and powers of the federal judiciary d. role of the states in the federal system e. all of the other specific choices are Articles of the Constitution

E

Which of the following is a key issue in Fourth Amendment cases: a. whether a person is over 18 b. whether the defendant had an illegal firearm c. whether the principles of frees speech were violated d. whether self-defense was warranted under the circumstances e. none of the other choices are correct

E

Which of the following is a key part of the British constitution: a. the Magna Carta b. the Bill of Rights 1689 c. the Act of Settlement 1701 d. the Act of Union 1707 e. all of the other choices are key parts of the British constitution

E

Which of the following restrictions on commercial speech were held to be constitutional by the Supreme Court? a. a Virginia law prohibiting advertising in Virginia papers about abortion services in other states when abortion was illegal in Virginia b. a Virginia law prohibiting the advertising of prices of prescription drugs c. a Kentucky restriction prohibiting lawyers from sending letters to prospective clients, known to face legal problems, soliciting their business d. all of the other choices were constitutional e. none of the other choices were constitutional

E

Which of the following state statutes were not held to be unconstitutional: a. an Oklahoma law requiring coal-burning plants to burn at least 10 percent Oklahoma coal b. a Washington law regulating oil tanker design and operations c. an Alabama law charging a special fee for hazardous waste imported into the state d. an Arizona law restricting the length of trains in the state e. all of the other choices were unconstitutional

E

Which of the following statements is correct? a. changed in the interpretation of the Constitution require amendments to it b. there have been no amendments to the Constitution since the 1930s c. all Constitutional rights are clearly spelled out in the document, there is no disagreement about those rights d. the interpretation by the Supreme Court of the Constitution has not changed in 200 years e. none of the other choices

E

Which of the following types of speech are not protected by the First Amendment? a. a pamphlet prepared by a gas company in support of the use of natural gas b. political speech by a person at a public facility such as a train station c. an advertisement listing the prices charged by a local doctor for her services d. none of the other choices are protected e. all of the other choices are protected

E

Which of these state taxes are likely to be constitutional? a. a five cent a bottle tax imposed by Georgia on all beer except beer brewed in Georgia b. an income tax applied to all Illinois residents' income except retirement income paid by the state to former employees of Illinois now living in the state c. a tax imposed by Ohio on all trucks that carry goods on Ohio roads; Ohio trucks do not have to pay the tax because they buy license plates in the state d. all of the other choices e. none of the other choices

E

Wickard v. Filburn concerned the ability of Congress to impose federal controls on wheat production, including a small farm that produced only 239 bushels of wheat, all for use on the farm. The Supreme Court held that the controls were: a. unconstitutional since the matter agriculture is exempted from regulation b. unconstitutional since such a small amount was "insufficient commerce," but the regulations could be written to apply to all active sellers in the wheat market c. unconstitutional since all of the wheat was sold or used within the state d. unconstitutional since none of the wheat was sold; all wheat was used on the farm e. none of the other choices

E

You are charged with violating a government regulation. The government sues you for $10 million in civil penalties. You: a. have a right to a jury trial if you wish b. have a right to a jury trial only if the case is in federal court c. have a right to a jury trial only if the case is in state court d. you have a right to a jury trial if the conviction would be on your record e. none of the other choices

E

You purchase 150 acres of property in the Oregon mountains that is zoned for residential construction. 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: a. illegal interference with contract b. violation of the 14th Amendment Equal Protection Clause c. unconstitutional infringement of your Second Amendment rights d. a invalid infringement of your right to criticize the government e. none of the other choices

E

In 1789 the U.S. Constitution became effective after: a. it was ratified by 9 of the 13 original states b. it was ratified by all of the 13 original states c. it was drafted by the judicial branch d. Thomas Jefferson signed it e. George Washington wrote it

a

Postal authority is an example of: a. an intrastate commerce b. a private business c. an area each state regulates for itself d. an area the state district court regulates e. none of the other choices are correct

e

George Washington presided over a convention at which the U.S. Constitution was drafted in which city? a. Washington, D.C. b. Richmond c. Philadelphia d. Baltimore e. New York

c

The U.S. Constitution was ratified and became effective in: a. 1776 b. 1781 c. 1787 d. 1789 e. 1791

d