Question 1

Substantive due process requires that:

Accepted Answer

A)   a notice and hearing be given before one is deprived of life,liberty,or property
B)   a criminal defendant has an attorney present at all times
C)   res ipsa loquitur takes place
D)   a law is sufficiently clear that a reasonable person can understand it in order to comply with it
E)   a defendant not be tried twice for the same crimeF) A) and B)
G) A) and C)

Question 2

What sorts of things do the additional 17 Constitutional amendments cover?

Accepted Answer

A)   the abolition of slavery
B)   federal income tax
C)   women's right to vote
D)   prohibition of discrimination
E)   All of these are correct.F) A) and D)
G) A) and B)

Question 3

Commercial speech and offensive speech both receive full protection under the U.S.Constitution.

Accepted Answer

A) True 
 B)False

Question 4

Assume that a federal regulation is adopted that requires bicycle manufacturers to disclose the weight of the largest frame size,fully equipped for riding,when they advertise the weight of a bicycle.If this requirement is challenged under freedom of speech,which of the following is most likely to occur?

Accepted Answer

A)   It would be found to be an acceptable regulation of commercial speech.
B)   It would be found to be an unacceptable prohibition of commercial speech.
C)   The court would not consider the case because this advertising is not political speech.
D)   The court would evaluate the restriction using strict scrutiny.
E)   There would be no violation because this does not prohibit speech,but requires it in certain circumstances.F) None of the above
G) A) and B)

Question 5

Assume that the state of Kansas passes a law requiring all inline skates sold in Kansas to have disc brakes.Assume that there are no federal regulations covering inline skate design.Assume also,that the required disc brakes would make inline skates easier to stop and thus safer,but that they would add considerably to the cost of the skates and require extensive changes in design to meet the Kansas requirements.Which of the following is most likely true?

Accepted Answer

A)   Even though there are no federal regulations on the design of inline skates,the Kansas statute would probably be considered a burden on interstate commerce and thus unconstitutional.
B)   Because the required modification is a better design,the law would be constitutional.
C)   Because the statute does not conflict with a federal statute or regulation,it could not be found to be unconstitutional.
D)   If all manufacturers of inline skates stopped selling them in Kansas,there could be no constitutional violation because interstate commerce would not be involved.E) None of the above
F) C) and D)

Question 6

The first 10 amendments that were added to the U.S.Constitution are known as the Bill of Rights.

Accepted Answer

A) True 
 B)False

Question 7

In the late 1990s,bicycle helmets became subject to federal regulation for the first time.Prior to the adoption of federal standards,manufacturers of bicycle helmets could get their helmets safety-certified by several private organizations.Manufacturers were not required to use any of these organizations,but most used at least one as part of their marketing.Assume that someone who is injured while wearing a bike helmet believes that a defect in the helmet's design contributed to the injuries sustained.Under what circumstances can this person bring a tort claim under state law?

Accepted Answer

Prior to the passage of the federal regu...

Question 8

A state enacts a statute that permits one minute of mediation or voluntary prayer at the beginning of the school day.Does the law violate the Constitution?

Accepted Answer

A)   No; participation is voluntary.
B)   Yes; the Act violates the Establishment Clause.
C)   Yes; the Act violates the Free Exercise Clause.
D)   Yes; the Act violates the Equal Protection Clause.E) B) and C)
F) A) and B) B

Question 9

The Privileges and Immunities Clause provides which of the following?

Accepted Answer

A)   It is a privilege to be granted immunity from a criminal prosecution.
B)   States must generally treat nonresidents as favorably as residents.
C)   Corporations receive most of the same constitutional protections as individuals.
D)   The government is not subject to being sued unless the constitutional matter is a right rather than a privilege.
E)   An individual has the privilege of practicing any religion,and is immune from any government interference with that right.F) B) and D)
G) A) and E)

Question 10

Following the events of September 11,2001,the government took many actions directed at preventing acts of terrorism.One of the first and most visible was increased intensity of searches at airports.When government personnel do the screening,they are subject to the Equal Protection Clause.Should government screeners be able to search members of certain groups more rigorously than others? Is it constitutional to do so?

Accepted Answer

There has been considerable controversy ...

Question 11

Our country's form of government is known as federalism.

Accepted Answer

A) True 
 B)False

Question 12

The Equal Protection Clause generally requires that businesses,both private and public,treat similarly situated persons similarly.

Accepted Answer

A) True 
 B)False

Question 13

The Commerce Clause of the U.S.Constitution gives Congress the power to regulate interstate commerce,as well as commerce with foreign nations and with Indian tribes.

Accepted Answer

A) True 
 B)False  True

Question 14

A state can regulate in areas affecting interstate commerce where the federal government has chosen not to regulate if the state law does not place an undue burden on interstate commerce.

Accepted Answer

A) True 
 B)False  True

Question 15

What is the result of the "effects on interstate commerce" test?

Accepted Answer

A)   The federal government can regulate all interstate commerce that actually crosses state lines.
B)   Prior to enacting laws,states are required to identify any effects that the law might have on interstate commerce.
C)   The federal government can regulate a business activity that takes place within a single state if the activity has an effect on interstate commerce even though the regulated activity does not itself involve interstate commerce.
D)   Commercial speech protections apply only to speech that has an effect on interstate commerce.E) A) and C)
F) A) and B)

Question 16

If there is an area of interstate commerce that the federal government has chosen not to regulate,the states can:

Accepted Answer

A)   regulate without restriction in that area
B)   regulate in that area so long as the state law does not unduly burden interstate commerce
C)   regulate in that area so long as it first gets the requisite approval from Congress
D)   not regulate in that area because states cannot pass laws affecting interstate commerce
E)   not regulate in that area because the federal government's decision to not regulate in an area implies that there is to be no regulation in that area at any levelF) A) and B)
G) A) and E)

Question 17

The existence of the Electoral College means that the president is not elected by the popular vote.

Accepted Answer

A) True 
 B)False

Question 18

Assume that a law is passed that establishes airline security screening requirements for male passengers that differ from the requirements for female passengers.In evaluating an equal protection challenge to this law,a court would use:

Accepted Answer

A)   strict scrutiny
B)   intermediate scrutiny
C)   limited scrutiny
D)   the rational basis testE) All of the above
F) B) and D)

Question 19

Because of the First Amendment,a city could not prohibit billboards along its highways for safety and aesthetic reasons.

Accepted Answer

A) True 
 B)False

Question 20

The police power of a state gives the state much general authority to regulate business.

Accepted Answer

A) True 
 B)False

Exam 4: Constitutional Law for Business and E-Commerce

Substantive due process requires that:

Correct Answer
verified

What sorts of things do the additional 17 Constitutional amendments cover?

Correct Answer
verified

Commercial speech and offensive speech both receive full protection under the U.S.Constitution.

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

The first 10 amendments that were added to the U.S.Constitution are known as the Bill of Rights.

Correct Answer
verified

Correct Answer
verified
Prior to the passage of the federal regu...
View Answer

A state enacts a statute that permits one minute of mediation or voluntary prayer at the beginning of the school day.Does the law violate the Constitution?

Correct Answer
verified
B

The Privileges and Immunities Clause provides which of the following?

Correct Answer
verified

Correct Answer
verified
There has been considerable controversy ...
View Answer

Our country's form of government is known as federalism.

Correct Answer
verified

The Equal Protection Clause generally requires that businesses,both private and public,treat similarly situated persons similarly.

Correct Answer
verified

The Commerce Clause of the U.S.Constitution gives Congress the power to regulate interstate commerce,as well as commerce with foreign nations and with Indian tribes.

Correct Answer
verified
True

A state can regulate in areas affecting interstate commerce where the federal government has chosen not to regulate if the state law does not place an undue burden on interstate commerce.

Correct Answer
verified
True

What is the result of the "effects on interstate commerce" test?

Correct Answer
verified

If there is an area of interstate commerce that the federal government has chosen not to regulate,the states can:

Correct Answer
verified

The existence of the Electoral College means that the president is not elected by the popular vote.

Correct Answer
verified

Assume that a law is passed that establishes airline security screening requirements for male passengers that differ from the requirements for female passengers.In evaluating an equal protection challenge to this law,a court would use:

Correct Answer
verified

Because of the First Amendment,a city could not prohibit billboards along its highways for safety and aesthetic reasons.

Correct Answer
verified

The police power of a state gives the state much general authority to regulate business.

Correct Answer
verified

Exam 4: Constitutional Law for Business and E-Commerce

Substantive due process requires that:

Correct AnswerverifiedShow Answer

What sorts of things do the additional 17 Constitutional amendments cover?

Correct AnswerverifiedShow Answer

Commercial speech and offensive speech both receive full protection under the U.S.Constitution.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

The first 10 amendments that were added to the U.S.Constitution are known as the Bill of Rights.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedPrior to the passage of the federal regu...View AnswerShow Answer

A state enacts a statute that permits one minute of mediation or voluntary prayer at the beginning of the school day.Does the law violate the Constitution?

Correct AnswerverifiedB

The Privileges and Immunities Clause provides which of the following?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedThere has been considerable controversy ...View AnswerShow Answer

Our country's form of government is known as federalism.

Correct AnswerverifiedShow Answer

The Equal Protection Clause generally requires that businesses,both private and public,treat similarly situated persons similarly.

Correct AnswerverifiedShow Answer

The Commerce Clause of the U.S.Constitution gives Congress the power to regulate interstate commerce,as well as commerce with foreign nations and with Indian tribes.

Correct AnswerverifiedTrue

A state can regulate in areas affecting interstate commerce where the federal government has chosen not to regulate if the state law does not place an undue burden on interstate commerce.

Correct AnswerverifiedTrue

What is the result of the "effects on interstate commerce" test?

Correct AnswerverifiedShow Answer

If there is an area of interstate commerce that the federal government has chosen not to regulate,the states can:

Correct AnswerverifiedShow Answer

The existence of the Electoral College means that the president is not elected by the popular vote.

Correct AnswerverifiedShow Answer

Assume that a law is passed that establishes airline security screening requirements for male passengers that differ from the requirements for female passengers.In evaluating an equal protection challenge to this law,a court would use:

Correct AnswerverifiedShow Answer

Because of the First Amendment,a city could not prohibit billboards along its highways for safety and aesthetic reasons.

Correct AnswerverifiedShow Answer

The police power of a state gives the state much general authority to regulate business.

Correct AnswerverifiedShow Answer

Correct Answer
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Prior to the passage of the federal regu...
View Answer

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B

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There has been considerable controversy ...
View Answer

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Correct Answer
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Correct Answer
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True

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True

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