BLAW Exam 2
The commerce clause of the US Constitution is found in A) Article I Section 8 B) Article I Section 2 C) Article VIII Section 1 D) Article II Section 8
A) Article I Section 8
HVAC Parts Company charges different buyers different prices for identical goods. HVAC's prices are subject to evaluation under A) Clayton Act B) Federal Trade Commission Act C) Sherman Act D) antitrust law
A) Clayton Act
Precious Metals Corporation, a raw material vendor, sells its commodities in certain quantities to Quarry Refining Company for a certain price but charges Rich Assets, Inc., a Quarry competitor, a higher price. This is most likely a violation of A) Clayton Act B) Federal Trade Commission Act C) Sherman Act D) antitrust law
A) Clayton Act
A barge owned by Oceanic Shipping Company discharges some of the oil contained in its hold into the sea and onto the shore. Under the Oil Pollution Act, this is most likely a. a violation. b. not a violation because an oil discharge is not pollution. c. not a violation because a floating barge is not a stationary source. d. not a violation because a ship's hold is not a point source
A) a violation
Congress enacts new air quality statute that applies to businesses. To enforce federal environmental legislation, that federal government relies on A) all levels of government and private citizens B) federal agencies only C) local sheriffs and police departments D) businesses' voluntary compliance
A) all levels of government and private citizens
Nashville, Tennessee, passes an ordinance to regulate waste disposal. The disposal of waste may also be regulated by a. all other levels of government. b. no other levels of government. c. the federal government only . d. the Tennessee state government only.
A) all other levels of government
City Manufacturing Corporation conditions shipments of its products to Exurb Stores, Inc., on Exurb's agreement not to buy products from Regional Works Company, City's competitor. This is A) exclusive-dealing contract B) trying arrangement C) price discriminaiton D) unilateral refusal to deal
A) an exclusive-dealing contract
Savers Mart, Inc., distributes its merchandise to retail outlets on an interstate basis. Under the commerce clause, Congress has the power to regulate A) any commercial activity in the US B) only activities that are in intrastate commerce C) only activities that are in local commerce D) only activities that are not in commerce
A) any commercial activity in the US
Big U.S. Oil Company joins with a foreign cartel to control the price of oil. If the cartel has a substantial effect on U.S. commerce A) both Big U.S. Oil and the foreign cartel can be sued for violation of U.S. antitrust laws B) neither Big U.S. Oil nor the foreign cartel can be sued for violation of U.S. antitrust laws C) only Big U.S. Oil can be sued for violation of U.S antitrust laws D) only the foreign cartel can be sued for violation of U.S. antitrust laws.
A) both U.S. Oil and the foreign cartel can be sued for violation of U.S. antitrust laws.
In 2013, Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid if it directly advances to a substantial government interest A) but goes no further than necessary to achieve its purpose B) without regard to how "far" it goes C) and the parties affected by it can elect how "far" to go in applying it D) and goes further than necessary to ensure full coverage
A) but goes no further than necessary to achieve its purpose
Vending Products Company operates a vending machine manufacturing plant on Wilde River. Discharging pollutants from the plant into the river can re¬sult in a. civil penalties and criminal penalties. b. civil penalties only. c. criminal penalties only. d. no penalties.
A) civil penalties and criminal penalties
Noxious, Inc., makes and sells pesticides. If a substance is identified as harmful and the harm is imminent, the Environmental Protection Agency can a. conduct an inspection of Noxious's plant. b. declare the substance to be unregulated and allow its production. c. ignore the risk if the benefit outweighs the harm. d. order the substance to be sold in an adulterated form.
A) conduct and inspection of Noxious's plant
Regulations governing air pollution cover mobile and stationary sources. Those who may be subject to penalties for violations of the Clean Air Act include a. corporate officers who knowingly violate the act. b. persons who provide information about violators but otherwise fail to act. c. private citizens who fail to sue violators. d. none of the choices.
A) corporate officers who knowingly violate the act
An antitrust action is brought against Tri-State Transport Company, alleging the offense of attempted monopolization. To be guilty of this offense, Tri-State's attempt must have A) dangerous probably of success B) deadly guaranty of success C) distant possibility of success D) distinct improbability of success
A) dangerous probability of success
Wellness Insurance Company offers health and medical insurance to consumers. Under current federal health-care laws, Wellness is prohibited from A) denying coverage for preexisting conditions B) enabling more children to obtain health-insurance coverage C) allowing adults under age 26 to remain on their parents' health insurance D) ending lifetime and most annual limits on care
A) denying coverage for preexisting conditions
Verna makes a living by commercial fishing in a river allegedly polluted by Wall Paint Company. To bring a suit against Wall Paint on the ground of private nuisance, Verna must allege that she suffers from a. a distinct harm separate from that affecting the general public. b. a lesser harm than an injunction would impose on Wall Paint. c. Wall Paint's failure to use reasonable care to avert herm to Verna. d. the same harm as that affecting the general public.
A) distinct harm separate from that affecting the general public
Gear Motor Company makes cars. Federal law requires Gear to attach an information label that includes the Environmental Protection Agency's fuel economy estimate for a vehicle to A) every new car B) no car- compliance with the law is voluntary C) select old and new cars D) whichever vehicles Gear chooses
A) every new car
Edgy Engine Components, Inc., a maker of vehicle parts, refuses to sell to Fidgety Fix-It, Inc., a national vehicle service firm. Edgy Engine convinces Greasy Motor Parts Company, a competitor, to do the same. This is a. a group boycott. b. a market division. c. a joint venture. d. an exclusive-dealing contract.
A) group boycottt
A suit is filed against Dormroom Furniture Unlimited, Inc., alleging that the firm has committed the offense of monopolization. To determine whether Dormroom has committed this offense, the court will consider the extent of Dormroom's market power and a. how Dormroom acquired its power. b. how Dormroom makes its products. c. Dormroom's customers. d. Dormroom's suppliers.
A) how Dormroom acquired its power
Gourmet Foods, Inc., requires all distributors of its products to sell them at a specified minimum price. Under the Sherman Act, this is a violation A) if the anticompetitive effects outweigh the competitive benefits B) if the competitive benefits outweigh the anticompetitive effects C) under any circumstances D) under no circumstances
A) if the anticompetitive effects outweigh the competitive benefits
A unilateral refusal to deal can violate antitrust laws if the refusal A) is likely to have an anticompetitive effect on particular market B) results in lower prices for consumers C) provides no economic benefits for consumers D) is likely to increase competition
A) is likely to have an anticompetitive effect on particular market
Machismo Motor Sales Corporation regularly advertises its off-the-road vehicles, all-terrain vehicles, and other products. Under the First Amendment, these ads and other commercial speech are given a. less extensive protection than noncommercial speech. b. more extensive protection than symbolic speech. c. no protection. d. the same protection as defamatory speech.
A) less extensive protection than noncommercial speech
Remote Disposal Company operates a hazardous waste storage facility. Concerned that there may be a release of chemicals from the site, Remote sells the property to Serene Developers, Inc. If there is a release, Remote is most likely a. liable. b. not liable because the site was sold before the release. c. not liable because Remote was concerned about the release. d. not liable because Remote no longer operates the facility.
A) liable
In its ads, Crunchy Inc. makes various claims about its snack products. Crunchy's advertising claims would most likely be deemed deceptive if the claims A) mislead a reasonable consumer B) contain vague generalities C) consist of what is known as puffery D)include obvious exaggerations
A) mislead a reasonable consumer
Refuse Reuse & Disposal Center operates a recycling plant. Stan and other Refuse Reuse neighbors file a suit, alleging injuries from the plant. To succeed, they must show that the defendant failed to use reasonable care if the suit is based on a. a negligence theory. b. a nuisance theory. c. any theory. d. a strict liability theory.
A) negligence theory
Kip opens an account at a Lotsa Goodies Store, and buys a digital music player and other items, but makes no payments on the account. To collect the debt, Mako, the manager, contacts Kip's parents. This violates A) no federal law B) Fair and Accurate Credit Transactions Act C) Fair Debt Collection Practices Act D) Truth-in-Lending Act
A) no federal law
Lucy takes out a student loan from Midtown Bank. When she fails to make the scheduled payments for six months, Midtown advises her of further action that it will take. This violates A) no federal law B) Fair and Accurate Credit Transactions Act C) Fair Debt Collection Practices Act D) Truth-in-Lending Act
A) no federal law
Energy Resources, Inc., operates an oil refinery near Forest River, which flows into Grove Lake. Discharging oil from the refinery into the river can result in A) penalties and damages B) penalties only C) damages only D) none of the choices
A) penalties and damages
A court deems an agreement between Silver Saddles Saddlery and Time Tested Tack, Inc. to be a per se violation of the Sherman Act. The court is A) prevented from determining whether the agreement's benefits outweigh its anticompetitive effects B) required to unanimously decide whether the agreements benefits outweigh its anticompetitive effects C) required to apply the rule of reason D) required to issue a formal complaint against Silver Saddles and Time Tested Tack
A) prevented from determining whether the agreement's benefits outweigh its anticompetitive effects
Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on A) procedures used in making decisions to take life, liberty, or property B) content of the statute C) similarity of the treatment of similarity situated individuals D) steps to be taken to protect Marie's privacy
A) procedures used in making decisions to take life, liberty, or property
Under federal law, the calorie content of the food on a menu must be posted by Organic Mix, LLC, if Organic Mis is A) a restaurant chain with twenty or more locations B) food distributor with twenty or more customers C) food processor with twenty or more products D) food producer with twenty or more acres
A) restaurant chain with twenty or more locations
BioChemical Disposal Corporation operates a hazardous waste storage facility. ChemCo Inc. buys BioChemical before it is discovered that the firm's disposal practices violated CERCLA. With respect to these violations, Superfund imposes on ChemCo A) strict liability B) liability under the nuisance doctrine C) liability on a negligence theory D) no liability
A) strict liability
To fall under the Sherman Act, an activity must a. substantially affect interstate commerce. b. involve monopolization. c. promote competition. d. involve international trade.
A) substantially affect interstate commerce
A federal law regarding the labeling of pesticides directly conflicts with a state law. The state law will be rendered invalid due to the A) supremacy clause B) commerce clause C) federal spending power D) First Amendment
A) supremacy clause
Lightning Cycles, Inc., makes Lightning-brand motorcycles and accessories, which are distributed to authorized dealers, including Macho Motors, Inc. Macho operates dealerships in several locations. Lightning imposes restrictions on Macho to limit the areas in which they sell the bikes and insulate other dealers from direct competition. This is a. a territorial restriction. b. a resale price maintenance agreement. c. a refusal to deal. d. a price-fixing agreement.
A) territorial restriction
South Dakota, like other states, may regulate private activities to protect or promote the public order, health, safety, and general welfare under A) the state's police powers B) the dormant commerce clause C) the due process D) the free exercise clause
A) the state's police powers
Organic Cheeses, Inc., Fine & Fresh Foods Company, and Healthy Whole Foods, Inc. organize together to exchange information and share advertising. This is an example of a a. trade association. b. resale price maintenance agreement. c. monopoly. d. territorial restriction.
A) trade association
Beachside City enacts an ordinance that bans the distribution of all printed materials on city streets. Carl opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In his suit against the city, a court would likely hold the printed-materials ban to be A) an unconstitutional restriction of speech B) constitutional under the First Amendment C) justified by the need to protect individual rights D) necessary to protect national interests
A) unconstitutional restriction of speech
California enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court to be A) unconstitutional restriction of speech B) constitutional under the First Amendment C) justified by the need to protect individual rights D) necessary to protect national interests
A) unconstitutional restriction of speech
ViolentVideoGames, Inc. markets a variety of shooting, fighting and hunting video games. A state statue is enacted that requires all video game manufacturers to label any games with an option to kill something as "excessively violent." A court would likely hold this regulation to be a. an unconstitutional restriction of speech. b. constitutional under the First Amendment. c. justified by the need to protect individual rights. d. necessary to protect national interests.
A) unconstitutional restriction of speech
Metal Smelting, Inc., operates a plant—a "major source"—that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission. The plant does not use any equipment to reduce its emissions. Under the Clean Air Act, this is most likely a. a violation. b. not a violation because a "major source" is exempt. c. not a violation because the plant does not use any equipment. d. not a violation because the plant is not a mobile source.
A) violation
Metro City operates its own municipal public drinking water system for which the Environmental Protection Agency has set maximum levels of pollutants. Metro does not use any equipment to meet these standards. With regard to any contamination of the water, under the Safe Drinking Water Act, this is most likely a. a violation. b. not a violation because Metro does not set the standards. c. not a violation because water is not a stationary source. d. not a violation because Metro does not use any equipment.
A) violation
Smelting & Refining Company generates solid waste considered hazardous. The company labels and packages properly all waste to be transported to a disposal site. Under the Resource Conservation and Recovery Act, this is most likely A) not a violation B) a violation because Smelting & Refining generates solid waste C) a violation because the waste is transported off-site D) a violation because the waste is considered hazardous
A) violation
Without a permit from the U.S. Army Corps of Engineers, Holiday Timeshares, Inc., fills a wetlands area that it owns before constructing a residential resort. Under the Clean Water Act, this is most likely a. a violation. b. not a violation because a permit is not needed to fill wetlands. c. not a violation because the area was filled before construction. d. not a violation because there was no discharge of pollution.
A) violation
Without a permit, Timberline Plywood Company discharges its untreated wastewater into Urban City's storm drainage pipes, which empty into Valley Creek. Under the Clean Water Act, this discharge is most likely a. a violation. b. not a violation because the company does not have a permit. c. not a violation because water is not a stationary source. d. not a violation because a storm drainage pipe is not a point source.
A) violation
Global Services Corporation engages in trade practices that may violate antitrust law. The Federal Trade Commission has the power to act against unfair trade practices under a. the Clayton Act. b. the Federal Trade Commission Act. c. the Sherman Act. d. no law.
B) Federal Trade Commission Act
North Mining Company and South Excavation Company agree to abide by the decisions of East Coast Financial Corporation as to their respective levels of production, markets, and prices, effectively reducing competition and increasing profits. This is most likely A) common, legal, time-honored type of business arrangement B) an illegal restraint on trade C) an innovative, legally efficient approach to doing business D) outdate, but legal business trust
B) an illegal, restraint on trade
Congress enacts a statute to outlaw a specific typer of anticompetitive business agreement. Like other laws that regulate economic competition, this law is referred to as A) federal trade commission act B) antitrust act C) interstate commerce act D) suppressive restraint on trade
B) antitrust act
In the ordinary course of business, Loan2Buy Corporation offers credit to Mai and other consumers and reports on the loans to credit agencies. To save time and money, Loan2Buy generally does not correct or update its reported information. This is most likely to result in A) levy of a nominal fine B) assessment of damages C) order or rescission of the loan contracts D) no sanctions
B) assessment of damages
Hearth & Home Furniture store advertises bedroom suites at a "Special Low Price of $599." When Ilene tries to buy one of the suites, Jill, the salesperson, tells her that they are all sold and no more are obtainable. Jill adds that Hearth & Home has other bedroom suites available for as low as $2,599. This is A) multiple product order B) bait and switch advertising C) counteradvertising D) puffery
B) bait and switch advertising
Green River Energy Corporation wants to begin operations that include the discharge of waste into navigable waters. Under the Clean Water Act, Green River must install certain equipment A) after beginning operations B) before beginning operations C) during operations D) only if a regulatory agency challenges the discharge
B) before beginning operation
Bagels n' Pastries, Inc., makes and sells a variety of bread products. Bagels n' Pastries's product packages must include A) company owner's identity B) content's net quantity C) restaurants and stores in which the product is sold D) type of consumer most likely interested in the product
B) contents' net quantity
Spicy Salsa, Inc., complains to the Federal Trade Commission (FTC) about an ad broadcast by Tangy Taco Sauce Company, Spicy Salsa's competitor. The FTC investigates and concludes that the ad is deceptive. The FTC's next step is to A) conduct negotiations between the competitors B) draft a formal complaint C) issue a cease and desist order D) permit Spicy Salsa to broadcast similarly deceptive counteradvertising
B) draft a formal complaint
The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that A) congress writes checks and the other branches balance the budget B) each branch has some power to limit the actions of the others. C) the courts balance their authority to the other branches' checklists D) the president "checks" the courts, which "balance" the laws
B) each branch has some power to limit the actions of the others
To reduce traffic, Harbor Town enacts an ordinance that allows only a few street vendors to operate in certain areas. A court would likely review this ordinance under the principles of A) commerce clause B) equal protection clause C) due process clause D) First Amendment
B) equal protection clause
Clean n' Green, Inc., operates a chain of car washes throughout the United States. The government entity that is most likely to be involved in regulating the chain's environmental impact is a. Congress. b. federal and state regulatory agencies. c. local chambers of commerce. d. local police departments.
B) federal and state regulatory agencies
Bailey, the president of Carmichael Commodities Company, claims that certain actions by the federal government and by the state of Delaware infringe on rights guaranteed by the Bill of Rights. All of these rights limit A) neither Delaware nor the federal government B) federal government only C) Delaware and the federal only D) Delaware only
B) federal government only
Tami's Tasty Tacos, a mobile vendor, files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on A) a local government B) interstate commerce C) noneconomic activity D) the state
B) interstate commerce
Elise and many other consumers complain to the Federal Trade Commission (FTC) that a Faux Diamonds Company ad is deceptive. The FTC's first step is to A) draft a formal complaint B) investigate C) issue a cease and desist order D) order restitution
B) investigate
Gulf Air, Inc., is the major wholesale distributor of software in the state of Florida. Its closest competitor is Fluid Systems Company, another Florida firm. The two firms agree that Gulf Air will operate in south Florida and Fluid Systems will operate in north Florida. This is A) group boycott B) market division C) joint venture D) exclusive-dealing contract
B) market divsion
A trade association A) is always a per se violation of Section 2 of the Sherman Act B) may be legal if it is sufficiently beneficial approach to doing business D) always creates illegal territorial or customer restrictions
B) may be legal if it is sufficiently beneficial to both the association and the public
Cleaners & Solvents, Inc. (CSI), engages in deceptive advertising when it markets its product Dirt Remover as able to kill germs over long periods of time. In an action against CSI regarding Dirt Remover, the firm is ordered to stop its false advertising of Dirt Remover and other products. This is a. a counteradvertising order. b. a multiple product order. c. a "cooling-off" law. d. a validation notice.
B) multiple product order
Mouth & Gums, Inc. (CSI), engages in deceptive advertising when it markets its product Oral Rinse as able to kill germs over long periods of time. In an action against Mouth & Gums, the firm is ordered to stop its false advertising of Oral Rinse and other products. This is A) counteradvertising order B) multiple product order C) cooling off law D) validation notice
B) multipole product order
Brad stands in front of Rustler's Round-Up Café, shouting "fighting words" that are likely to incite Rustler's patrons to respond violently. The First Amendment protects such speech A) all of the time B) none of the time C) only if it is noncommercial D) only if it is symbolic
B) none of the time
Julia is a U.S. citizen. She establishes a website that posts threatening messages about celebrities. Her website is A) protected by the First Amendment B) not protected by the First Amendment C) protected by the Fifth Amendment D) protected by the Tenth Amendment
B) not protected by the First Amendment
The commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as the A) dormant aspect of commerce clause B) positive aspect of the commerce clause C) negative aspect of the commerce clause D) exclusive aspect of the commerce clause
B) positive aspect of the commerce clause
Spa Selectiva Company makes and sells beauty salon supplies. By selling its product at prices substantially below the normal cost of production, Spa Selectiva hopes to drive its competitors from the market. This is A) market power B) predatory pricing C) price discrimination D) price-fixing
B) predatory pricing
Jon, a law enforcement official, monitors Kelsey's Internet activities—e-mail and Web site visits—to gain access to her personal financial data and student information. This may violate Kelsey's right to A) equal protection of the law B) privacy C) procedural due process D) substantive due process
B) privacy
George burns an American flag in his backyard. He films his actions and posts the video on YouTube.com. George's actions are a. expressly prohibited by the U.S. Constitution. b. protected by the First Amendment of the U.S. Constitution. c. considered to be a form of treason. d. illegal in some states.
B) protected by the First Amendment of the U.S. Constitution
Hi-Yield Agriculture, Inc., makes a pesticide with a one-in-a-million risk to people of developing cancer from exposure. This substance must be a. disposed of before anyone develops cancer. b. registered before it is sold. c. taken off the market and placed in temporary storage. d. used only in a way that avoids exposure to people.
B) registered before it is cold
A rural Electric Company submits a bid to build a dam on federal land as part of a federal project. For this action, an environmental impact statement is most likely A) prohibited B) required C) unnecessary D) voluntary
B) required
Energy Market Corporation wants to build a wind power plant on private land, for which a federal permit is required. For this action, an environmental impact statement is A) prohibited B) required C) unnecessary D) voluntarily
B) required
Ski Resorts, Inc., wants to add a new run to its facility in a national park on federal land. For this action, an environmental impact statement is a. prohibited. b. required. c. unnecessary. d. voluntary.
B) required
Sweet Treats, Inc., wants to market a new snack food. On the product's label, standard nutrition facts are A) prohibited B) required C) strictly voluntary D) warranted by the nature of the food
B) required
Orin claims that a Pennsylvania state statute infringes on his "substantive due process" rights. This claim focuses on a. procedures used to make decisions to take life, liberty, or property. b. the content of the statute. c. the similarity of the treatment of similarly situated individuals. d. the steps to be taken to protect Orin's privacy.
B) the content of the statute
Oklahoma enacts a law requiring all businesses in the state to donate 10 per¬cent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. PriceLess Stores files a suit to block the law's enforcement. The court would likely hold that this law violates a. no clause in the U.S. Constitution. b. the establishment clause. c. the free exercise clause. d. the supremacy clause.
B) the establishment clause
Industrial Solvents, Inc., averages $15,000 profit per day before deciding to ignore air pollution standards, after which the average is $30,000. Industrial Solvents is subject to a fine of a. $0. b. $15,000 per day. c. $30,000 per day. d. $30,000 total.
C) $30,000 per day
Creditworthy Loan Company extends credit in the ordinary course of its business. Under the Truth-in-Lending Act, Creditworthy must inform potential borrowers of A) credit terms offered by other lenders B) comparative prices for goods to be bought with the borrowed funds C) Creditworthy's credit terms D) the borrower's credit scores
C) Creditworthy's credit terms
Logan's application to Metro Bank for a credit card is denied. Logan can obtain information on his credit history in a credit agency's files under A) no federal law B) Equal Credit Opportunity Act C) Fair Credit Reporting Act D) Fair Debt Collection Practices Act
C) Fair Credit Reporting Act
Debt & Loan Collection Agency calls Ethel several times a day, and sometimes in the middle of the night, about an overdue bill that a Furniture4U store turned over to Debt & Loan for collection. This is a violation of A) no federal law B) Fair and Accurate Credit Transactions Act C) Fair Debt Collection Practices Act D) Truth-in-Lending Act
C) Fair Debt Collection Practices Act
Quik Collection Agency calls Pat several times a day, and sometimes in the middle of the night, about an overdue bill that Regal Sporting Goods turned over to Quik for collection. This is a violation of A) no federal law B) Fair and Accurate Credit Transactions Act C) Fair Debt Collection Practices Act D) Truth-in-Lending Act
C) Fair Debt Collection Practices Act
Mango Corporation believes that Melon Corporation engages in anticom-peti¬tive behavior in an attempt to drive Mango and its other competitors out of the market. Antitrust laws can be enforced against Melon by a. Mango and its competitors only. b. Mango, its competitors, and the Federal Trade Commission only. c. Mango, its competitors, the Federal Trade Commission, and the U.S. Department of Justice. d. the Federal Trade Commission and U.S. Department of Justice only.
C) Mango, its competitors, the Federal Trade Commission, and the U.S. Department of Justice
Antonin, a federal judge, retires. The vacant position will be filled by a judge A) appointed by the United States Supreme Court B) elected by the voters C) appointed by the President D) appointed by congress
C) appointed by the President
Martin, a U.S. citizen, feels that a recently enacted federal law is unfair. He assembles a group of friends and they write a petition to the government. Martin and friends then stand quietly in front of the White House with signs declaring their belief that the law is unfair. Under the First Amendment, Martin has a right to A) petition the government, but not to assemble a group peaceably B) assemble peaceably, but not to petition the government C) both petition the government and assemble peaceably D) neither petition the government nor assemble peaceably
C) both petition and assemble peaceably
Grease & Lubricants Inc. makes its products without required pollution control technology, causing a discharge of oily waste into the nearby Holly Lake. This activity can re¬sult in a. a criminal fine or imprisonment only b. criminal fine, imprisonment, or an injunction only c. criminal fine, imprisonment, an injunction or damages d. all of the choices.
C) criminal fine, imprisonment, an injunction or damages
Oscar begins to operate a hog farm next to Robyn's vineyard and winery. Robyn files a suit against Oscar, alleging that the hog farm is a source of pollution, a nuisance, and unreasonably interferes with Robyn's enjoyment of her property. The court is most likely to award Robyn damages a. if letting the pollution continue is equally as harmful as stopping it. b. if letting the pollution continue is less harmful than stopping it. c. if letting the pollution continue is more harmful than stopping it. d. under no circumstances.
C) if letting the pollution continue is more harmful than stopping it
Rock Mining Company operates a gravel pit next to Siera's residence. Siera files a suit against Rock, alleging that the pit is a nuisance and unreasonably interferes with the enjoyment of her property The court is most likely to award Siera an injunction a. if letting the pollution continue is equally as harmful as stopping it. b. if letting the pollution continue is less harmful than stopping it. c. if letting the pollution continue is more harmful than stopping it. d. under no circumstances.
C) if letting the pollution continue is more harmful than stopping it
Luminescent Silicon Corporation, which controls 40 percent of the com¬puter-chip mar¬ket in the United States, merges with Micro Processors, Inc., which controls 15 per¬cent of the same market. This merger is a violation a. only if the result more clearly concentrates the market. b. only if the result makes it more difficult for potential competitors to enter the market. c. if the result more clearly concentrates the market and makes it more difficult for potential competitors to enter the market. d. under no circumstances.
C) if the result more clearly concentrates the market and makes it more difficult for potential competitors to enter the market
The operations of Metal Refining Industries, Inc., are major sources of air pollution. These operations must use A) the absolutely cleanest air technology B) the best available filter technology C) maximum achievable control technology D) most affordable scrubbing technology
C) maximum achievable control technology
Marvin starts Marvin's Bike Company in Wheatland, SD. There is one other bike store in Wheatland. Through good business management, Marvin's Bike Company obtains a great deal of market power in Wheatland. This acquisition of monopoly power is A) per se violation of Section 1 of the Sherman Act B) an illegal restraint on trade C) not an antitrust violation D) per se violation of Section 2 of the Sherman Act
C) not an antitrust violation
Refer to Fact Pattern 39-1. A court would most likely rule that the agreement between Cardio and Emitate is A). a deal that neither restrains trade or harms competition B) a legal restraint of trade C) per se violation of the Sherman Act D) subject to analysis under the rule of reason
C) per se violation of the Sherman Act
Thermo Gas, Inc., and Uno Oil Corporation refine and sell gasoline and other petroleum products. To limit the supply of gas on the market and thereby raise prices, Thermo Gas and Uno Oil agree to buy "excess" supplies from dealers and "dispose" of it. This is A) deal that neither restrains trade or harms competition B) legal restraint of trade C) per se violation of the Sherman Act D) subject to analysis under the rule of reason
C) per se violation of the Sherman Act
Medi-Insurance Company faxes ads to Nancy and other individual consumers without the recipients' permission. This is subject to A) cease and desist order by the Federal Trade Commission B) no sanctions C) possible fines by the Federal Communications Commission D) rescission on the order of the Federal Reserve Board
C) possible fines by the Federal Communications Commission
Imperio Caffeine Corporation makes and sells coffee under a variety of brand names. Imperio wants to merge with Java Company, its main competitor. In weighing a challenge to the deal, a court looks at the relevant product market. This most likely includes coffee and a. no other products. b. products that are not identical but are related, such as spin-offs. c. products that are sometimes substituted for coffee. d. products with identical attributes only.
C) products that are sometimes substituted for coffee
Reusable Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is A) discouraged B) forbidden C) protected D) required
C) protected
Mary creates a t-shirt design that expresses her support for a presidential candidate and distributes t-shirts to all her friends. The t-shirts are an example of a. unprotected speech. b. controlled speech. c. symbolic speech. d. illegal speech.
C) symbolic speech
Listen Up! Corporation books and promotes concerts and other entertainment events, for which Listen Up! also sells tickets. In weighing a challenge to Listen Up!'s "monopolistic" ticket prices, a court looks at the relevant geographic market. This encompasses a. only areas in which Listen Up! does not have monopoly power. b. only areas in which Listen Up! has monopoly power. c. the area in which Listen Up! and its competitors sell, and their customers buy, the tickets. d. the entire United States in all cases.
C) the area in which Listen Up! and its competitors sell, and their customers buy, the tickets.
Massachusetts state statute imposes a prison term, without a trial, on all street performers who operate in certain areas. A court would likely review the statute under the principles of A) the commerce clause B) the equal protection clause C) the due process clause D) the First Amendment
C) the due process clause
When applying the rule of reason to determine whether and agreement violates Section 1 of the Sherman Act a court will not consider A) the purpose of the agreement B) the parties' market ability to implement the agreement C) the effect of the agreement on the international trade D) the potential effect of the agreement on competition
C) the effect of the agreement on the international trade
Ultrahazard Removal & Disposal Corporation transports radioactive materials. Vincent, an Ultrahazard employee, is diagnosed with radiation sickness after exposure to the materials. Vincent's suit against Ultrahazard to recover for the injury is known as a. an environmental impact statement. b. a nuisance. c. a toxic tort. d. a hazardous substance response.
C) toxic tort
Some agreements are so blatantly and substantially anticompetitive that they are deemed illegal per se under Section 1 of the Sherman Act. Which of the following is not a per se violation? a. A price-fixing agreement b. A group boycott c. A trade association d. A market division
C) trade association
New Town Construction, Inc., wants to build a parking ramp to connect to its New Town Mall, both of which are on private land. For this action, an environmental impact statement is a. prohibited. b. required. c. unnecessary. d. voluntary.
C) unnecessary
The National Park Service hires Outdoor Play, Inc., to replace outdated playground equipment in a handful of national parks. For this action, an environmental impact statement is most likely A) prohibited because the action does not affect the environment B) required because the action is "federal" C) unnecessary because the action is not "major" D) voluntary because the action does not affect the environment
C) unnecessary because the action is not "major"
The police obtain a search warrant and search Dave's apartment. After yelling obscenities at officers, Dave confesses to a crime and implicates his friends. The Constitution protects against A) obscene speech only B) other's implication only C) unreasonable searches only D) obscene speech, others' implication and unreasonable searches
C) unreasonable searches only
Master Manufacturing Corporation has exclusive control over the market for its product. Under the Sherman Act, this is A) per se violation B) violation if it acquired this power through "business acumen" C) violation if it thereby acquires monopoly power D) not a violation
C) violation if it thereby acquires monopoly power
To acquire monopoly power in its market, Perfect Plastics, Inc., sets its prices lower than its competitors. Under the Sherman Act, this is a. a per se violation. b. a violation if its competitors make similar deals. c. a violation if it thereby acquires monopoly power. d. not a violation.
C) violation if it thereby acquires monopoly power
Corner Market sells groceries. Delite Food & Drug Store sells groceries and fills prescriptions. The chief responsibility to prevent unsafe food and drugs from being sold rests with A) Consumer Product Safety Commission B) no single federal agency C) Federal Trade Commission D) Food and Drug Administration
D) Food and Drug Administration
Before being transported, hazardous waste generated by Perilous Fabrication, Inc., must be properly labeled and packaged under the Resource Conservation and Recovery Act by a. the federal Environmental Protection Agency. b. the local Resource Conservation and Recovery Committee. c. the state Environmental Regulatory Commission. d. Perilous Fabrication, Inc.
D) Perilous fabrication, Inc
Which of the following does not necessarily make material obscene? A) The average person finds that it violated contemporary community standards B) The work taken as a whole appeals to a prurient interest in sex C) The work shows patently offensive sexual conduct D) The work shows animals mating
D) The work shows animals mating
Grover signs an installment contract with Home Appliance Store to finance the purchase of new kitchen appliances—stove, refrigerator, dishwasher, microwave, and toasteroven—for $3,999. This transaction is subject to A) no federal law B) Fair Credit Reporting Act C) Telecommunications Act D) Truth-in-Lending Act
D) Truth-in-Lending Act
Teri borrows $10,000 from USA National Bank to remodel a room in her home. This transaction is subject to A) no federal law B) Fair and Accurate Credit Transactions Act C) Fair Debt Collection Practices Act D) Truth-in-Lending Act
D) Truth-in-Lending Act
Tory borrows $10,000 from USA National Bank to remodel a room in her home. This transaction is subject to A) no federal law B) Consumer Leasing Act C) Consumer Product Safety Act D) Truth-in-Lending Act
D) Truth-in-Lending Act
Cecilia borrows $20,000 from Debit & Credit Union to repair her home and to buy a car. She buys a laptop from eStuf Store in a transaction financed by the seller. If these parties are subject to the Truth-in-Lending Act, Regulation Z applies to A) car loan only B) home repair loan only C) retail installment sale only D) car loan, home repair loan, and the retail installment sale
D) car loan, home repair loan, and retail installment sale
Adult Shoppe in Beach City sells a variety of publications, including child pornography. Beach City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely A) invalid restriction of individuals' privacy B) unconstitutional restriction of speech C) violation of adults' rights to enjoy certain privileges D) constitutional under the First Amendment
D) constitutional under the First Amendment
Don, a U.S. citizen, is the owner of Egrets Unlimited, Inc. Egret's competitors include Feathered Friends Company (FFC), which is owned by Greg and Huey. The Bill of Rights embodies a series of protections for Don against types of interference by A) FFC and its other competitors only B) FFC, Greg, Huey, others and the government C) Greg, Huey, and other private individuals D) government only
D) government only
The Financial Institutions Association would like a certain law enacted, administered, interpreted and enforced in the best interest of its members, which include banks. Under the Constitution, Congress A) administers the laws B) enforces the laws C) interprets the laws D) makes the laws
D) makes the laws
Fried Food, Inc., operates a commercial frying plant, discharging pollutants into the air. Greg reports the violations to the Environmental Protection Agency. Greg A) is not entitled to a payment B) may be paid up to any amount C) may be paid up to $1000 D) may be paid up to $10,000
D) may be paid up to $10,000
Slow-Brew Coffee Company sells coffee and related beverages. The company's ad contends that ambitious businesspersons "Drink Us & Rise Up in the World!' " The Federal Trade Commission would consider this ad to be A) false and misleading B) impermissibly vague and general C) deceptive half-truth D) none of the above
D) none of the above
Precise GPS Company's ad states that its product is "the finest that money can buy." Because of this ad, the Federal Trade Commission is most likely to issue A) cease and desist order B) counteradvertising order C) multiple product order D) none of the choices
D) none of the choices
SmartPhone Company's ad states that its product is "The Best that Money Can Buy." Because of this ad, the Federal Trade Commission is most likely to issue A) cease and desist order B) counteradvertising order C) multiple product order D) none of choices
D) none of the choices
Soundbites Corporation makes and markets cellphones. Soundbites's ad states that on its phones voices and text come through as "clear as the sky on a cloudless day." The Federal Trade Commission would consider this claim A) false and misleading B) impermissibly vague and general C) deceptive half-truth D) none of the choices
D) none of the choices
Under the Marine Protection, Research, and Sanctuaries Act (the Ocean Dumping Act), Coastline Chemicals, Inc., may dump its chemical waste into the ocean a. after obtaining a permit. b. before obtaining a permit. c. without a permit. d. not at all.
D) not at all
Jasmine receives an unsolicited credit card in the mail and tosses it on her desk. Without Jasmine's permission, her roommate Ilene uses the card to buy a new tablet for $500. Jasmine is A) liable for 500$ B) liable for 250$ C) liable for 50$ D) not liable for any amount
D) not liable for any amount
Kirk receives an unsolicited credit card in the mail and tosses it on his desk. Without Kirk's permission, his roommate Leif uses the card to buy a new laptop for $1,800. Kirk is A) liable for 1000$ B) liable for 500$ C) liable for 50$ D) not liable for any amount
D) not liable for any amount
To drive its competitors out of certain geographic segment of its market, Fryin' Potatoes, Inc., sets the prices of its products below cost for the buyers in that area. This is A) refusal to deal B) business acumen C) predatory bidding D) price discrimination
D) price discrimination
Refer to Fact Pattern 39-1. Cardio Pays Emitate not to sell its product. This is A) Customer restriction B) joint venture C) an exlcusive-dealing contract D) price-fixing agreement
D) price-fixing agreement
. QuikPay Inc. extends credit to consumers. QuikPay is subject to the Equal Credit Opportunity Act, which prohibits credit discrimination based on A) intelligence B) education C) income D) race
D) race
Consumer Finance Corporation extends credit to consumers. CFC is subject to the Equal Credit Opportunity Act, which prohibits credit discrimination based A) intelligence B) education C) income D) race
D) race
A suit is filed against Adroit Drilling Tools Corporation, alleging that the firm committed the offense of monopolization. To determine whether Adroit has monopoly power requires looking at A) definition of monopoly in the Sherman Act B) Adroit's size alone C) Adroit's production methods and marketing techniques D) relevant market
D) relevant market
Cutting Tools Company makes and sells tools. One of Cutting's products is believed to be hazardous. The appropriate government agency may require Cutting to A) export the tool and sell it only abroad B) increase the price to cover the cost of any injuries or damages C) reduce the price to indicate the hazard to consumers D) remove the tool from the market
D) remove the tool from the market
Grid Tool Company makes and sells tools. One of the tools is believed to be hazardous. The appropriate government agency may require Grid to A) export the tool and sell it only abroad B) increase the price to cover the cost of any injuries or damage C) reduce the price to indicate the hazard to consumers D) remove tool from the market
D) remove tool from the market
Fresh Vegetables, Inc., a wholesaler, refuses to sell its produce to Good Mart Stores, Inc., a retailer. This is A) "unfair or deceptive act or practice" B) per se violation C) not a violation D) subject to analysis under the rule of reason
D) subject to analysis under the rule of reason
Justice For All, a political organization, files a claim to challenge a Colorado statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to A) equal protection of the law B) indictment C) procedural due process D) substantive due process
D) substantive due process
Congress enacts a law that sets out rigorous medical-device premarket approval process for the US FDA to follow. The law include a preemption provision. Moe is injured by a device the underwent the process and files a claim under New Hampshire state law to recover for the injury . The court will most likely rule that A) Moe's state law claim preempts the federal law B) the federal law and state law claim are concurrent C) the federal and state law claim cancel each other out D) the federal law preempts Moe's state law claim
D) the federal law preempts Moe's state law claim
Country Water & Sewer operates a public water supply system. Country Water must send to every household that it supplies with water an annual statement describing A) Country Water's financial situation and material facts that might affect it B) other operations, such as irrigation and water conservation, in which Country Water is involved and to what extent C) parties who might be held liable if pollution problems arise D) the source of the water, and any contaminants and health concerns
D) the source of water, and any contaminants and health concerns
Congress enacts a law prohibiting toys made in Indonesia from being sold in the United States. The Washington state legislature enacts a law allowing the sale of Indonesian-made toys. Washington's law will most likely be A) the commerce clause B) the qual protection clause C) the due process power D) the supremacy clause
D) the supremacy clause
Rally Speedboat Corporation refuses to sell its products to Super Weekends, Inc., a recreational water products dealership. This is a. an exclusive-dealing contract. b. a horizontal market division. c. attempted monopolization. d. a unilateral refusal to deal.
D) unilateral refusal to deal
Nature's Food Market sells groceries. Metro Snacks & Drug Store sells groceries and fills prescriptions. The party with the chief responsibility to prevent unsafe food and drugs from being sold is A) Nature's Food Market and Metro Snacks and Drug Store B) Metro Snacks and Drug Store only C) Federal Trade Commission D) Food and Drug Administration
D)Food and Drug Administration
A collection agency has the right to contact debtor at the debtor's place of employment whether or note the debtor's employer objects
F
A collection agency must include a validation notice whenever a debtor pays a debt.
F
A credit-cardholder is liable for all unauthorized charges made before the creditor is notified that the card has been lost.
F
A divestiture is an order to a company to cease, or divest itself of, its an-ticompetitive conduct.
F
A group boycott is not a per se violation.
F
A law that has any impact on religion is unconstitutional.
F
A law that limits only some persons' exercise of a fundamental right is valid under any circumstances.
F
A law that limits the liberty of all persons may violate substantive due process.
F
A price-fixing agreement is an agreement by two or more sellers to boycott a particular person or firm.
F
A price-fixing agreement that is reasonable does not violate antitrust law.
F
A restriction on commercial speech is valid as long as it forbids only the expression of views on controversial issues.
F
A sanction known as bait-and-switch advertising requires a company to advertise the products of its competitor to counter its own false claims.
F
Advertising that contains an endorsement by a celebrity will not be deemed deceptive.
F
An agreement that is deemed a per se violation will be examined by a court to determine whether the agreement's benefits outweigh its anticompetitive effects.
F
Because the Constitution does not specifically a right to privacy, this right is denied to people.
F
Businesses that engage in ultra-hazardous activities are not liable for any injuries the activities cause.
F
Conditioning the sale of one product on the purchase of another is an exclusive-dealing contract.
F
Counteradvertising occurs when a salesperson lures a consumer into a store by advertising a low-priced item in order to switch the consumer to a more expensive item.
F
Credit can be denied solely on the basis of marital status.
F
Credit can be denied solely on the basis of race.
F
Deceptive advertising does not occur in the online environment.
F
Drugs can be test-marketed to the public before they are ensured to be safe and effective.
F
Federal laws often provide more sweeping and significant protection of the consumer than state laws
F
Labels on fresh meats are not required to indicate where the food originated.
F
Major credit reporting agencies must provide consumers with free copies of their own credit reports every six months.
F
Market concentration refers to the number of firms in the market
F
Monopoly power is a minor amount of market power.
F
National Pollutant Discharge Elimination System (NPDES) permits can be issued even if a discharge will violate water quality standards.
F
No person may be a director for two competing corporations at the same time.
F
Only the federal government may restrict emissions from motor vehicles.
F
Performance standards for major sources of air pollution require the use of any available technology, or AAT
F
Predatory pricing involves selling a product at prices substantially above the fair market value.
F
Public water system operators must meet the Environmental Protection Agency's standards regardless of the economic and technological feasibility.
F
Puffery constitutes deceptive advertising.
F
Section 1 of the Sherman Act condemns monopolization.
F
State consumer protection agencies are charged by Congress with the broadly stated goal of preventing unfair and deceptive trade practices
F
Territorial and consumer restrictions are per se violation.
F
The Clean Water Act permits the filling or dredging of wetlands without permit.
F
The Consumer Product Safety Commission is the primary agency that issue regulations on food labeling.
F
The EPA can regulate a toxic substance that poses an imminent hazard but cannot prohibit its use altogether.
F
The Environmental Protection Agency has concluded that greenhouse gases, including carbon dioxide emissions, do not constitute a public danger.
F
The Environmental Protection Agency sets minimum levels for pollutants in public water systems.
F
The Federal Reserve Board of Governors has used a regulation that governs credit provisions associated with sales contracts- Regulation Z.
F
The Fifth Amendment prohibits unreasonable searches and seizures of persons or property.
F
The First Amendment requires a complete separation of church and state.
F
The Food and Drug Administration does not have the authority to directly recall any food products that it suspects are tainted but must rely on the producers to recall items.
F
The President determines the jurisdiction of the federal courts.
F
The Second Amendment to the U.S. Constitution reserves all powers not delegated to the national government to the states.
F
The first Amendment protects defamatory speech.
F
The offense of monopolization does not require the intent to monopolize.
F
The primary measure of monopoly power is a competitor's assessment of the acts of a frim under review.
F
The primary responsibility for preventing and controlling air pollution rests with the federal government,
F
The terms "due process" and "equal protection" mean the same thing
F
There are no defenses to liability under the Comprehensive Environmental Response, Compensation, and Liability Act.
F
There are no plans to develop national standards regulating the fuel economy and emissions for medium- and heavy-duty trucks.
F
Those who knowingly violate the Clean Air Act are exempt from criminal penalties.
F
Under an exclusive-dealing contract, a seller promises a buyer a certain territory in which the buyer will have no direct competition.
F
Under the Clean Water Act, criminal penalties apply whether a violation was intentional or unintentional.
F
Under the Constitution, the judicial brand is responsible for foreign affairs.
F
Under their police powers, states can regulate only public activities, such as political demonstrations.
F
When a release of hazardous chemicals from a site occurs, potentially responsible parties can avoid liability through transfer of ownership.
F
A confederal form of government is a confederation of independent states with central government of very limited powers.
T
A consumer who receives unsolicited merchandise must return it within three business days.
T
A credit-card company must send monthly bills to cardholders twenty-one days before the due date
T
A law that restricts people of a certain national origin from doing something will be carefully examined to make sure it promotes a compelling government interest before it is allowed to stand.
T
A market division by class of customer between rival firms violates antitrust law.
T
A public authority, such as a state's attorney general, can sue to stop a "public" nuisance.
T
A restraint of trade is an agreement between firms that has the effect of reducing competition in the market place.
T
A sanction known as counteradvertising requires a company to advertise anew to inform the public about earlier misinformation.
T
A single seller acting unilaterally is free to deal, or not to deal, with anyone it chooses.
T
A trade association practice or agreement that restraints trade is analyzed under the rule of reason.
T
Advertising that appears to be based on factual evidence will not be deemed deceptive even if it is reasonably supported by evidence.
T
All powers not specifically delegated to the federal government are reserved to the states.
T
An act must substantially affect interstate commerce to violate antitrust law.
T
An environment impact statement is required for every major federal action that significantly affects the quality of the environment
T
An information label must be attached to every new car to include the fuel economy estimate for the vehicle.
T
Antitrust legislation was created because of the belief that competition leads to lower prices
T
Any oil facility that discharges oil into navigable waters or onto an adjoining shore may be liable for cleanup costs, as well as damages.
T
Any point source emitting pollutants into water must have a permit.
T
Any time a consumer is denied credit or insurance on the basis of his or her credit report, consumer must be notified of that fact.
T
Article I, Section 8, of the US Constitution permits Congress to regulate interstate commerce.
T
At least in theory, Congress can regulate every commercial enterprise in the United States.
T
Charging different prices to different buyers for identical goods is price discrimination.
T
Cooperative research by small-business firms is exempt from antitrust law.
T
Deceptive advertising occurs if reasonable consumer would be misled by the advertising claim.
T
Different standards for air quality apply to existing sources of pollution and major new sources.
T
Federal law provides the basis for issuing regulations to control multistate air pollution.
T
Food products are required to bear labels detailing the nutritional content.
T
For products that are sold nationwide, the relevant geographic market encompasses the entire United States.
T
In a country with a federal form of government, the national government and the states share sovereign power.
T
In determine the legality of a merger, a crucial consideration is market concentration.
T
Individuals have the right to obtain access to information about them collected in government files.
T
Injured individuals can rely on the common law to obtain damages and injunctions against business polluters.
T
Insurance companies are exempt from antitrust laws whenever state regulation exists.
T
Insurance companies must spend at least 85% off all premium dollars from large employers on benefits and quality improvements.
T
It is a violation of federal law to sell a pesticide or herbicide that has a chemical strength different from the concentration declared on the label.
T
It is violation of federal law to destroy or deface any labeling required on a pesticide or herbicide.
T
Labels on fresh vegetable must indicate where the food originated.
T
Labor unions can organize and bargain without violating antitrust law.
T
Manufacturers are required to report on any products intended for sale if the products have proved to be hazardous.
T
Merchants must issue a refund within a specified period of time when a consumer cancels an order.
T
Monopoly power may be proved by evidence that a firm used its power to control prices.
T
National effluent (pollution) standards are set by the Environmental Protection Agency for each industry.
T
New sources of water pollutants must install pollution-control equip¬ment before beginning operations.
T
Preemption occurs when Congress chooses to act exclusively in a concurrent area and a valid federal statue or regulation takes precedence over a conflicting state or local law.
T
Procedural due process that any government decision to take a person's property must be made failry.
T
Resale price maintenance agreements are subject to analysis under the rule of reason
T
Restaurants must post guidelines on the number of calories that an average person requires daily.
T
Size alone does not determine whether a firm is a monopoly.
T
Special requirements must be met to discharge toxic chemicals into surface waters.
T
State laws may regulate a business's disposal of toxic wastes.
T
Substantive due process focuses on the substance of legislation.
T
Symbolic speech is defined as nonverbal expressions of belief and is protected by the First Amendment.
T
The Bill of Rights protects individuals against types of interference by the federal government.
T
The Children's Internet Protection Act requires public schools and libraries to use filtering software to block childrens access to adult contact on Web sites.
T
The Clayton Act prohibits certain classes of price discrimination.
T
The Consumer Product Safety Commission conducts research on the safety of individual consumer products and maintains a clearing house on the risks associated with various products.
T
The Eighth Amendment prohibits excessive bail and fines, as well as cruel and unusual punishment.
T
The Environmental Protection Agency periodically updates the air pollution standards.
T
The Environmental Protection lists all hazardous air pollutant (HAPs) on a prioritized schedule.
T
The Fair Debt Collection Practices Act generally applies only to debt-collection agencies that regularly attempt to collect debts on someone else's behalf.
T
The First Amendment protects corporate political speech
T
The Food and Drug Administration must ensure the safety of new medications.
T
The Fourteenth Amendment guarantees a right to due process of law.
T
The Internet is changing the notion of the size and limits of a relevant geographic market.
T
The National Pollutant Discharge Elimination System focuses on industrial wastewater and storm water discharges.
T
The President appoints federal judges with the advice and consent of the Senate.
T
The Sherman Act, the Clayton Act and the Federal Trade Commission Act are all examples of legislation designed to curb anticompetitive business practices.
T
The basic purpose of antitrust law is to regulate economic competition .
T
The checks and balances in the constitution prevent any one branch of government from exercising too much power.
T
The courts have considerably scaled back the Clean Water Act's protection of wetlands.
T
The establishment clause of the US Constitution prohibits the federal government from establishing a state-sponsored religion.
T
The judicial branch has the power to hold actions of the other branches of government unconstitutional.
T
The possession of monopoly power alone does not constitute the offense of monopolization.
T
Those who knowingly violate the Clean Air Act may be subject to criminal liability.
T
Under the Constitution, the judicial branch interprets the laws
T
Vague generalities and obvious exaggerations constitute deceptive advertising.
T
When there is a direct conflict between a federal and a state law, the state law is rendered invalid.
T
