Question 1

Americans with a Better Cause (ABC),a nonprofit organization,files a suit against the U.S.Department of Justice (DOJ),claiming that a cer-tain federal statute the DOJ is empowered to enforce conflicts with the U.S.Constitution and with a state constitution.In each situation,which source of law has priority?

Accepted Answer

The answer of Americans with a Better Cause (ABC),a nonprofit...

Question 2

Reusable Energy Corporation regularly expresses opinions on political issues.Under the First Amendment,corporate political speech is

Accepted Answer

The First Amendment protects the right to free speech, which extends to corporations. Therefore, corporate political speech is protected as a form of expression under the First Amendment.

Question 3

George burns an American flag in his backyard.He films his actions and posts the video on YouTube.com.George's actions are

Accepted Answer

Burning an American flag as a form of protest is considered symbolic speech and is protected under the First Amendment of the U.S. Constitution. However, there may be certain restrictions or limitations in certain states and circumstances, such as if it poses a threat or danger to others.

Question 4

Mary creates a t-shirt design that expresses support for a presidential candidate and distributes t-shirts with the design to all of her friends.This is an example of

Accepted Answer

This is an example of symbolic speech, as Mary used a symbol (the design on the t-shirt) to express her support for a presidential candidate. Symbolic speech is a form of expression that represents an idea or message without using words. It is protected under the First Amendment of the U.S. Constitution.

Question 5

In a dispute between Cosmic Games Corporation and Mythic Engineering Associates,Inc.,the court applies the doctrine of stare decisis.What is this doctrine? What does this doctrine have to do with the American le-gal system?

Accepted Answer

The answer of In a dispute between Cosmic Games Corporation...

Question 6

A Massachusetts state statute imposes a prison term,without a trial,on all street performers who operate in certain areas.A court would likely review this statute under the principles of

Accepted Answer

The due process clause would be relevant here because it protects individuals from being deprived of life, liberty, or property without due process of law, which includes the right to a fair trial.

Question 7

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

Accepted Answer

The law requiring businesses to donate to Protestant churches violates the establishment clause of the U.S. Constitution, which prohibits the government from establishing or promoting a particular religion. This law specifically benefits one religious group, which would be unconstitutional.

Question 8

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

Accepted Answer

Commercial speech, such as advertising, is given less protection under the First Amendment than noncommercial speech, which includes political and expressive speech.

Question 9

In 2015,Congress enacts the Act to Restrict Commercial Speech (ARCS).The ARCS will be considered valid if it directly advances a substantial government interest

Accepted Answer

This is the test for determining the constitutionality of restrictions on commercial speech established by the Supreme Court in Central Hudson Gas & Electric Corp. v. Public Service Commission. It requires that the restriction directly advances a substantial government interest and goes no further than necessary to achieve its purpose. The other answers are incorrect because they either ignore the requirement that the restriction not go further than necessary or suggest that the parties affected by the restriction have discretion over its scope, which is not the case.

Question 10

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

Accepted Answer

The state statute requiring labeling of excessively violent video games would likely be challenged as an unconstitutional restriction of speech. Video games, like other forms of media, are generally considered protected speech under the First Amendment, and government regulation of the content of such speech is subject to strict scrutiny by the courts. The statute would likely be found to be too broad and vague, and not narrowly tailored to serve a compelling government interest.

Question 11

To reduce traffic,Harbor Town enacts an ordinance that allows only a few street vendors to op-er-ate in certain areas.A court would likely review this ordinance under the principles of

Accepted Answer

The ordinance limiting street vendors to certain areas could potentially affect certain groups or individuals differently, which would implicate the equal protection clause of the 14th Amendment. Therefore, a court would likely review the ordinance to ensure that it does not violate the constitutional requirement of equal treatment under the law.

Question 12

California enacts a statute to ban advertising in "bad taste." This stat-ute would likely be held by a court to be

Accepted Answer

The ban on advertising in "bad taste" would likely be considered vague, subjective, and an overbroad restriction on free speech, which would violate the First Amendment. Courts have typically held that restrictions on speech based on subjective or vague standards are an unconstitutional infringement on the right to free expression.

Quiz 1: The Legal and Constitutional Environment of Business