Ch 6 Practice Quiz Constitution (Legal Environment of Business)

The Second Amendment protects the __________.

The Second Amendment protects an individual's right to possess guns. There have been very few Supreme Court opinions involving the Second Amendment. The Second Amendment protects an individual's right to possess guns. There have been very few Supreme Court opinions involving the Second Amendment.

The __________ to the U.S. Constitution reinforces federalism by reserving some powers to the states and to the people.

The Tenth Amendment to the U.S. constitution reinforces federalism by reserving some powers to the states and to the people. The concept of federalism recognizes that each level of government has a separate and distinct role to play. The Tenth Amendment to the U.S. constitution reinforces federalism by reserving some powers to the states and to the people. The concept of federalism recognizes that each level of government has a separate and distinct role to play

The __________ establish(es) the legislative, executive, and judicial branches of the federal government.

The United States Constitution establishes the legislative (Congress), executive (presidency and vice presidency), and judicial (Supreme Court) branches of the federal government. The first three articles establish the branches of government. The United States Constitution establishes the legislative (Congress), executive (presidency and vice presidency), and judicial (Supreme Court) branches of the federal government. The first three articles establish the branches of government.

A conflict exists between a state law and a federal law if the state statute would prevent or interfere with the accomplishment and execution of the full purposes and objectives of Congress.

A conflict exists between a state law and a federal law if the state statute would prevent or interfere with the accomplishment and execution of the full purposes and objectives of Congress. It is immaterial that a state did not intend to frustrate the federal law if the state law in fact does so. A conflict exists between a state law and a federal law if the state statute would prevent or interfere with the accomplishment and execution of the full purposes and objectives of Congress. It is immaterial that a state did not intend to frustrate the federal law if the state law in fact does so.

A key aspect of Article I is the commerce clause, the constitutional provision that gives the power to the government to regulate business.

A key aspect of Article I is the commerce clause, the constitutional provision that gives the power to the government to regulate business. In the twenty-first century, examples of expansion of government regulation include the Sarbanes-Oxley Act, economic recovery legislation, and financial and health care reforms. A key aspect of Article I is the commerce clause, the constitutional provision that gives the power to the government to regulate business. In the twenty-first century, examples of expansion of government regulation include the Sarbanes-Oxley Act, economic recovery legislation, and financial and health care reforms.

Under the minimum rationality approach, a(n) __________ qualifies as a legitimate goal of government.

A permissible state end is one not prohibited by another provision of the Constitution. It qualifies as a legitimate goal of government. A permissible state end is one not prohibited by another provision of the Constitution. It qualifies as a legitimate goal of government.

Which of the following statements is true of the minimum rationality approach?

A permissible state end is one not prohibited by another provision of the Constitution. Under the minimum rationality approach, a law creating different classifications will survive an equal protection challenge if it has a rational connection to a permissible state end. A permissible state end is one not prohibited by another provision of the Constitution. Under the minimum rationality approach, a law creating different classifications will survive an equal protection challenge if it has a rational connection to a permissible state end.

Which of the following is a violation of the free exercise clause of the First Amendment?

A school preventing its students from forming prayer groups is an example of a violation of the free exercise clause of the First Amendment. The First Amendment states that Congress shall make no law "respecting an establishment of religion" (the establishment clause) "or prohibiting the free exercise thereof" (the free exercise clause). It essentially establishes the separation of church and state. A school preventing its students from forming prayer groups is an example of a violation of the free exercise clause of the First Amendment. The First Amendment states that Congress shall make no law "respecting an establishment of religion" (the establishment clause) "or prohibiting the free exercise thereof" (the free exercise clause). It essentially establishes the separation of church and state.

An individual would be harmed by libel if __________.

An individual would be harmed by libel if a defamatory falsehood has been printed about them. An individual would be harmed by libel if a defamatory falsehood has been printed about them.

Which of the following states that the Constitution will become effective upon ratification of the states?

Article VII states that the Constitution will become effective upon ratification of the states. This ratification occurred in 1789. Two years later, in 1791, the first ten amendments also were ratified. Article VII states that the Constitution will become effective upon ratification of the states. This ratification occurred in 1789. Two years later, in 1791, the first ten amendments also were ratified.

Which of the following statements is true of the quasi-strict scrutiny tests?

Cases that fall between the minimum rationality and strict scrutiny approaches use the quasi-strict scrutiny tests because the classifications are only partially suspect, or the rights involved are not quite fundamental. Cases that fall between the minimum rationality and strict scrutiny approaches use the quasi-strict scrutiny tests because the classifications are only partially suspect, or the rights involved are not quite fundamental.

Which of the following classifications is subject to a rational-basis test?

Classification based on age is subject to a rational-basis test. The classification must have a reasonable basis (not wholly arbitrary), and the courts will assume any statement of facts that can be used to justify the classification. Classification based on age is subject to a rational-basis test. The classification must have a reasonable basis (not wholly arbitrary), and the courts will assume any statement of facts that can be used to justify the classification.

Which of the following classifications could be found valid if the court is using a minimum rationality approach in an equal protection case?

Classification based on age is the most likely to be found valid under the minimum rationality approach. Under the minimum rationality approach, a law creating different classifications will survive an equal protection challenge if it has a rational connection to a permissible state end. Classifications directed at race, national origin, and legitimacy of birth are strictly scrutinized. Classifications based on gender are reviewed with quasi-strict scrutiny. Classification based on age is the most likely to be found valid under the minimum rationality approach. Under the minimum rationality approach, a law creating different classifications will survive an equal protection challenge if it has a rational connection to a permissible state end. Classifications directed at race, national origin, and legitimacy of birth are strictly scrutinized. Classifications based on gender are reviewed with quasi-strict scrutiny.

Classifications directed at race, national origin, and legitimacy of birth are __________.

Classifications directed at race, national origin, and legitimacy of birth are suspect classes. A suspect class is one that has such disabilities, has been subjected to such a history of purposeful unequal treatment, or has been placed in such a position of political powerlessness that it commands extraordinary protection from the political process of the majority. Classifications directed at race, national origin, and legitimacy of birth are suspect classes. A suspect class is one that has such disabilities, has been subjected to such a history of purposeful unequal treatment, or has been placed in such a position of political powerlessness that it commands extraordinary protection from the political process of the majority.

Which of the following statements is true of amendments and basic protections?

Constitutional rights may be narrowly interpreted during emergencies such as war or civil strife. Even during peacetime, constitutional principles are constantly reapplied and reexamined. Constitutional rights may be narrowly interpreted during emergencies such as war or civil strife. Even during peacetime, constitutional principles are constantly reapplied and reexamined.

__________ means that the government may not act in a manner that is arbitrary, capricious, or unreasonable.

Due process means that government may not act in a manner that is arbitrary, capricious, or unreasonable. It means fundamental fairness and decency. Due process means that government may not act in a manner that is arbitrary, capricious, or unreasonable. It means fundamental fairness and decency.

Which of the following statements is true of freedom of speech?

Freedom of speech covers both verbal and written communications. It also covers conduct or actions considered symbolic speech. Freedom of speech covers both verbal and written communications. It also covers conduct or actions considered symbolic speech.

Commercial speech is most accurately described by which of the statements below? Group of answer choices

Freedom of speech for individuals may be more extensive than the rights of a corporation. However, a government cannot limit commercial speech without a compelling state interest expressed to justify the restriction. Freedom of speech for individuals may be more extensive than the rights of a corporation. However, a government cannot limit commercial speech without a compelling state interest expressed to justify the restriction.

Which of the following statements is true of freedom of the press?

Freedom of the press is not absolute. The press is not free to print anything it wants without liability. Rather, freedom of the press is usually construed to prohibit prior restraints on publications. If the press publishes that which is illegal or libelous, it has liability for doing so. Freedom of the press is not absolute. The press is not free to print anything it wants without liability. Rather, freedom of the press is usually construed to prohibit prior restraints on publications. If the press publishes that which is illegal or libelous, it has liability for doing so.

Which of the following statements is true of preemption?

If a federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional under the supremacy clause. The concept of preemption applies to federal statutes and rules and regulations of federal administrative agencies. If a federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional under the supremacy clause. The concept of preemption applies to federal statutes and rules and regulations of federal administrative agencies.

If the __________ test is used, the classifications are usually found to be unconstitutional under the equal protection clause.

If the strict scrutiny test is used, the classifications are usually found to be unconstitutional under the equal protection clause. On the other hand, if the traditional (minimum rationality) approach is used, the challenged law and its classifications are usually found not to be a violation of equal protection. If the strict scrutiny test is used, the classifications are usually found to be unconstitutional under the equal protection clause. On the other hand, if the traditional (minimum rationality) approach is used, the challenged law and its classifications are usually found not to be a violation of equal protection.

Which of the following freedoms was addressed in the case of Burwell v. Hobby Lobby Stores, Incorporated?

In Burwell v. Hobby Lobby Stores, Incorporated, the Supreme Court examined whether limitations of the Affordable Care Act infringed on the freedom of religion of three closely held companies. A portion of the Affordable Care Act required companies to cover the cost of contraceptives for their employees. The owners of three companies argued that this sincerely violated their religious beliefs. The Supreme Court found that closely held companies could invoke religious objections in order to not cover contraceptives for their employees. In Burwell v. Hobby Lobby Stores, Incorporated, the Supreme Court examined whether limitations of the Affordable Care Act infringed on the freedom of religion of three closely held companies. A portion of the Affordable Care Act required companies to cover the cost of contraceptives for their employees. The owners of three companies argued that this sincerely violated their religious beliefs. The Supreme Court found that closely held companies could invoke religious objections in order to not cover contraceptives for their employees.

In the context of eminent domain, the market value of a specific resource is __________.

In the context of eminent domain, the courts have generally defined just compensation in terms of market value. In most instances, the government offers compensation to an owner, a negotiation follows, and an amount is agreed upon as a just compensation. In the context of eminent domain, the courts have generally defined just compensation in terms of market value. In most instances, the government offers compensation to an owner, a negotiation follows, and an amount is agreed upon as a just compensation.

Gerard works for a magazine in California. He published an article that falsely accuses the governor of the state of wrongdoing. In this case, Gerard is most likely to be accused of __________.

In this case, Gerard is most likely to be accused of libel. Libel cases compensate individuals for harm inflicted by defamatory printed falsehoods. In this case, Gerard is most likely to be accused of libel. Libel cases compensate individuals for harm inflicted by defamatory printed falsehoods.

A municipal zoning ordinance attempts to regulate the placement of satellite dish antennas in residential areas by specifying size and location requirements. The Supreme Court rules that the zoning ordinance is unconstitutional, as it violates the Federal Communications Commission Regulation law. In this case, the ruling of the Supreme Court illustrates the concept of __________.

In this case, the ruling of the Supreme Court illustrates the concept of preemption. When a federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional under the supremacy clause. In this case, the ruling of the Supreme Court illustrates the concept of preemption. When a federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional under the supremacy clause.

__________, a tort theory, is used to recover damages as a result of printed defamation of character.

Libel, a tort theory, is used to recover damages as a result of printed defamation of character. Libel cases compensate individuals for harm inflicted by defamatory printed falsehoods. Libel, a tort theory, is used to recover damages as a result of printed defamation of character. Libel cases compensate individuals for harm inflicted by defamatory printed falsehoods.

Minimum rationality tests are applied to cases involving __________.

Minimum rationality tests are applied to cases involving classifications based on height, weight, age, etc. Under the minimum rationality approach, a law creating different classifications will survive an equal protection challenge if it has a rational connection to a permissible state end. Minimum rationality tests are applied to cases involving classifications based on height, weight, age, etc. Under the minimum rationality approach, a law creating different classifications will survive an equal protection challenge if it has a rational connection to a permissible state end.

__________ is the authority that a state or local government has to protect the public's health, safety, and general welfare.

Police power is defined as a state or local government's authority to protect the public's health, safety, and general welfare. Police powers are not limitless. Police power is defined as a state or local government's authority to protect the public's health, safety, and general welfare. Police powers are not limitless.

__________ cases involve whether proper notice has been given and a proper hearing has been conducted

Procedural due process cases involve whether proper notice has been given and a proper hearing has been conducted. Such cases frequently involve procedures established by statute. Procedural due process cases involve whether proper notice has been given and a proper hearing has been conducted. Such cases frequently involve procedures established by statute.

Quasi-strict scrutiny tests are used in cases involving classifications based on __________.

Quasi-strict scrutiny tests are used in cases involving classifications based on gender. Cases that fall between the minimum rationality and strict scrutiny approaches use the quasi-strict scrutiny tests. These cases use quasi-strict scrutiny tests because the classifications are only partially suspect, or the rights involved are not quite fundamental. Quasi-strict scrutiny tests are used in cases involving classifications based on gender. Cases that fall between the minimum rationality and strict scrutiny approaches use the quasi-strict scrutiny tests. These cases use quasi-strict scrutiny tests because the classifications are only partially suspect, or the rights involved are not quite fundamental.

Limits are placed on a state's regulatory powers regarding business by which section of the U.S. Constitution?

State and local government's ability to regulate business is limited by the commerce clause in the U.S. Constitution. A state or local government cannot enact a law that violates the commerce clause. State and local government's ability to regulate business is limited by the commerce clause in the U.S. Constitution. A state or local government cannot enact a law that violates the commerce clause.

Which of the following statements is true of the strict scrutiny approach?

Strict judicial scrutiny is applied to cases involving classifications directed at fundamental rights. To withstand constitutional challenge when this test is used, the law must serve important governmental objectives and the classification must be substantially related to achieving these objectives. Strict judicial scrutiny is applied to cases involving classifications directed at fundamental rights. To withstand constitutional challenge when this test is used, the law must serve important governmental objectives and the classification must be substantially related to achieving these objectives.

Strict scrutiny tests are applied to cases involving classifications based on __________.

Strict scrutiny tests are applied to cases involving classifications based on legitimacy of birth, race, national origin, and fundamental rights. Under the strict scrutiny test, a classification will be a denial of equal protection unless the classification is necessary to achieve a compelling state purpose. Strict scrutiny tests are applied to cases involving classifications based on legitimacy of birth, race, national origin, and fundamental rights. Under the strict scrutiny test, a classification will be a denial of equal protection unless the classification is necessary to achieve a compelling state purpose.

Which of the following statements about the role of the commerce clause in regulating business activity is false?

The commerce clause of the U.S. Constitution places limits on a state's power to regulate interstate commerce. The limits are designed to prevent states from discrimination against interstate commerce and isolating themselves from other states. The commerce clause does not prohibit a state from placing any burden on interstate commerce if there is a legitimate local concern, but it does prohibit the state from placing undue burdens on interstate commerce. The commerce clause of the U.S. Constitution places limits on a state's power to regulate interstate commerce. The limits are designed to prevent states from discrimination against interstate commerce and isolating themselves from other states. The commerce clause does not prohibit a state from placing any burden on interstate commerce if there is a legitimate local concern, but it does prohibit the state from placing undue burdens on interstate commerce.

The concept of federalism recognizes that all levels of government have the same role to play.

The concept of federalism recognizes that each level of government has a separate and distinct role to play. The concept of federalism recognizes that each level of government has a separate and distinct role to play.

Which of the following statements is true of the due process clause? Group of answer choicesIt

The due process clause does not prevent private corporations from acting in an arbitrary manner. It applies only to governmental bodies; it does not apply to the actions of individuals or businesses. The due process clause does not prevent private corporations from acting in an arbitrary manner. It applies only to governmental bodies; it does not apply to the actions of individuals or businesses.

Jurists have used the __________ clause to incorporate the Bill of Rights and make these constitutional provisions applicable to the states.

The due process clause has played a unique role in constitutional development—one that was probably not anticipated at the time of its ratification. Jurists have used the due process clause of the Fourteenth Amendment to "incorporate" or "carry over" the Bill of Rights and make these constitutional provisions applicable to the states. The due process clause has played a unique role in constitutional development—one that was probably not anticipated at the time of its ratification. Jurists have used the due process clause of the Fourteenth Amendment to "incorporate" or "carry over" the Bill of Rights and make these constitutional provisions applicable to the states.

Which of the following clauses allows for the separation of church and state?

The establishment clause states that Congress shall make no law respecting an establishment of religion and thereby guarantees freedom of religion through the separation of church and state. The establishment clause states that Congress shall make no law respecting an establishment of religion and thereby guarantees freedom of religion through the separation of church and state.

The federal government does not recognize that states have sovereignty.

The federal government recognizes that it was created by the states and that states have some sovereignty. The federal government recognizes that it was created by the states and that states have some sovereignty.

The meaning and application of the equal protection clause have been central issues in cases involving __________.

The meaning and application of the equal protection clause have been central issues in cases involving voting requirements. The equal protection clause may be utilized by anyone claiming unequal treatment in any case. The meaning and application of the equal protection clause have been central issues in cases involving voting requirements. The equal protection clause may be utilized by anyone claiming unequal treatment in any case.

Which doctrine would a court use to invalidate a law that is broader in scope than what is actually necessary?

The overbreadth doctrine is most likely to be used to invalidate a law that is broader in scope than what is actually necessary. The overbreadth doctrine was used by the courts to declare certain versions of child pornography laws unconstitutional. The overbreadth doctrine is most likely to be used to invalidate a law that is broader in scope than what is actually necessary. The overbreadth doctrine was used by the courts to declare certain versions of child pornography laws unconstitutional.

Which of the following statements is true of regulation of foreign commerce under the commerce clause?

The power to regulate foreign commerce is total and vested exclusively in the federal government. State and local governments sometimes attempt directly or indirectly to regulate imports or exports to some degree. Such attempts generally are unconstitutional. The power to regulate foreign commerce is total and vested exclusively in the federal government. State and local governments sometimes attempt directly or indirectly to regulate imports or exports to some degree. Such attempts generally are unconstitutional.

An airport authority resolution declared the central terminal area "not open for First Amendment activities." The resolution was unconstitutional under the First Amendment __________ doctrine

The resolution was unconstitutional under the First Amendment overbreadth doctrine. The overbreadth doctrine means that the legislators have gone too far in seeking to achieve a goal. The resolution was unconstitutional under the First Amendment overbreadth doctrine. The overbreadth doctrine means that the legislators have gone too far in seeking to achieve a goal.

The separation of powers between levels of government is known as __________.

The separation of powers between levels of government is known as federalism. This concept recognizes that each level of government has a separate and distinct role to play. The separation of powers between levels of government is known as federalism. This concept recognizes that each level of government has a separate and distinct role to play.

The strict scrutiny approach is applied to cases involving fundamental rights, such as the __________.

The strict scrutiny approach is applied to cases involving rights such as the right to travel, to vote, and to appeal. If a classification unduly burdens or penalizes the exercise of a constitutional right, it will be stricken unless it is found to be necessary to support a compelling state interest. The strict scrutiny approach is applied to cases involving rights such as the right to travel, to vote, and to appeal. If a classification unduly burdens or penalizes the exercise of a constitutional right, it will be stricken unless it is found to be necessary to support a compelling state interest.

The __________ test is used if the classification involves either a suspect class or a fundamental constitutional right.

The strict scrutiny test is used if the classification involves either a suspect class or a fundamental constitutional right. A suspect class is one that has such disabilities, has been subjected to such a history of purposeful unequal treatment, or has been placed in such a position of political powerlessness that it commands extraordinary protection from the political process of the majority. The strict scrutiny test is used if the classification involves either a suspect class or a fundamental constitutional right. A suspect class is one that has such disabilities, has been subjected to such a history of purposeful unequal treatment, or has been placed in such a position of political powerlessness that it commands extraordinary protection from the political process of the majority.

The __________ of the Fifth Amendment to the Constitution allows the government to condemn and take specific private resources for money under the power called eminent domain.

The takings clause of the Fifth Amendment to the Constitution allows the government to condemn and take specific private resources for money under the power called eminent domain. The takings clause allows the government to take specific resources (usually but not always land) away from private owners for public use upon the payment of just compensation. The takings clause of the Fifth Amendment to the Constitution allows the government to condemn and take specific private resources for money under the power called eminent domain. The takings clause allows the government to take specific resources (usually but not always land) away from private owners for public use upon the payment of just compensation.

The takings clause of the Fifth Amendment to the Constitution allows __________.

The takings clause of the Fifth Amendment to the Constitution allows the government to take specific resources (usually, but not always, land) away from private owners for public use upon the payment of just compensation. The clause recognizes the existence and importance of private ownership, but allows the government to "condemn" and take specific private resources for money under the power called eminent domain. The takings clause of the Fifth Amendment to the Constitution allows the government to take specific resources (usually, but not always, land) away from private owners for public use upon the payment of just compensation. The clause recognizes the existence and importance of private ownership, but allows the government to "condemn" and take specific private resources for money under the power called eminent domain.

Handbags Plus, a handbag manufacturer and retailer, disseminates a misleading magazine advertisement, which claims that a particular handbag is made of 100% genuine leather when it is actually a mixture of leather and faux leather. A consumer organization files a complaint with a federal institution, which in turn issues an order prohibiting Handbags Plus from making such false statements about its products. This regulation of consumer product advertising is an example of a limitation on __________.

This instance of regulation on advertising about consumer goods is an example of a limitation on commercial speech. Since corporations may add to the public's knowledge and information, they also have the right to free speech. A government can limit commercial speech with a compelling state interest expressed to justify the restriction. In this case, the federal institution issued an order prohibiting Handbags Plus from making statements that are false or misleading. This instance of regulation on advertising about consumer goods is an example of a limitation on commercial speech. Since corporations may add to the public's knowledge and information, they also have the right to free speech. A government can limit commercial speech with a compelling state interest expressed to justify the restriction. In this case, the federal institution issued an order prohibiting Handbags Plus from making statements that are false or misleading.

Which of the following statements is true of the contract clause?

Under the contract clause, states cannot enact laws that impact rights and duties under existing contracts. It does not restrict the federal government's power to impact contractual relationships. Under the contract clause, states cannot enact laws that impact rights and duties under existing contracts. It does not restrict the federal government's power to impact contractual relationships.