Deck 1: Legal and Constitutional Foundations of Business

Question 1

The First Amendment protects commercial speech more extensively than noncommercial speech.

Answer 1

False

Question 2

All powers not specifically delegated to the federal government are reserved to the states.

Answer 2

True

Question 3

Statutory law includes state statutes.

Answer 3

True

Question 4

The establishment clause requires a complete separation of church and state.

Question 5

Equal protection means that the government cannot enact laws that treat similarly situated individuals differently.

Question 6

The Constitution expressly delegated to the states the power to regulate interstate commerce.

Question 7

Remedies in equity include injunctions.

Question 8

Administrative law includes only state regulations.

Question 9

No state has adopted the Uniform Commercial Code in its entirety.

Question 10

In a federal form of government, the national government does not share sovereign power with the states.

Question 11

In most states, the courts no longer grant "equitable" remedies.

Question 12

A law that discriminates based on gender must substantially relate to an important government objective to be valid under the equal protection clause.

Question 13

Whether a law is constitutional depends on its source.

Question 14

Under the Constitution, the judicial branch interprets the laws.

Question 15

Common law is a term for the laws that are familiar to most of us.

Question 16

State laws protect individuals' privacy rights.

Question 17

The term common law refers to law that is common throughout the world.

Question 18

Courts do not depart from precedents.

Question 19

Statutory law does not include county ordinances.

Question 20

A law that has any impact on religion is unconstitutional.

Question 21

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)the content of the statute.
C)the similarity of the treatment of similarly situated individuals.
D)the steps to be taken to protect Marie's privacy.

Question 22

The Bill of Rights protects individuals against various types of conduct by the federal government.

Question 23

Under the supremacy clause, a valid federal statute or regulation will preempt a conflicting state or local law or regulation on the same general subject.

Question 24

The First Amendment protects symbolic speech without limitation.

Question 25

Constitutional law includes only the U.S. Constitution.

Question 26

The Fourteenth Amendment guarantees a right to due process of law.

Question 27

The First Amendment prevents limits from being placed on independent political expenditures by corporations.

Question 28

Law consists of enforceable rules governing relationships among individuals and between individuals and their society.

Question 29

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.

Question 30

In a suit against Ilene, Jenna obtains an injunction. This is​

A)an order to do or to refrain from doing a particular act.
B)an order to perform what was promised.
C)a payment of money or property as compensation.
D)the cancellation of a contract.

Question 31

Mary creates a t-shirt design that expresses her support for a presidential candidate and distributes t-shirts imprinted with the design to her friends. The t-shirts represent​

A)unprotected speech.
B)controlled speech.
C)symbolic speech.
D)illegal speech.

Question 32

Substantive due process limits what the government can do in its legislative and executive capacities.

Question 33

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.

Question 34

The term police powers encompasses just the enforcement of criminal laws.

Question 35

The U.S. Constitution explicitly mentions a general right to privacy.

Question 36

The Bay City Planning Department, the Coastal County Zoning Commission, the Delaware Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute​

A)administrative law.
B)case law.
C)constitutional law.
D)statutory law.

Question 37

International law is the law of a foreign nation and varies from country to country.

Question 38

In a common law system, judges generally follow stare decisis unless there is a compelling reason to overturn a precedent.

Question 39

Administrative law is a source of American law that is comprised of statutes.

Question 40

Criminal law focuses on duties that exist between persons.

Question 41

Lake City enacts an ordinance that bans the distribution of all printed materials on city streets. Mackensie opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In her suit against Lake City, a court would likely hold the ban on printed materials to be​

A)constitutional under the First Amendment.
B)not subject to the U.S.Constitution.
C)unconstitutional under the commerce clause.
D)unconstitutional under the First Amendment.

Question 42

Sustainable Crops Corporation regularly expresses opinions on political issues, including whether to ban the use of genetically modified organisms (GMOs). Under the First Amendment, corporate political speech is​

A)discouraged.
B)forbidden.
C)protected.
D)required.

Question 43

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry its expressly designated powers. All other powers are expressly reserved to​

A)none of the choices.
B)the states.
C)the national government.
D)the people.

Question 44

Taco Hot Dogs, Inc., regularly advertises its products. Under the First Amendment, in comparison with noncommercial speech, the protection given these ads is​

A)equally extensive.
B)less extensive.
C)more extensive.
D)non-existent.

Question 45

Bradley, the president of Commerce & Trade, Inc., claims that certain actions by the federal government and the state of Delaware infringe on rights guaranteed by the Bill of Rights. All of these rights limit​

A)none of the choices.
B)the federal government.
C)private citizens and corporations.
D)the states.

Question 46

The United Energy Resources Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include fossil fuel companies. Under the Constitution, Congress​

A)administers the laws.
B)enforces the laws.
C)interprets the laws.
D)enacts the laws.

Question 47

The Consumer Product Safety Commission is a government agency that issues rules, orders, and decisions. The Colorado state legislature enacts statutes. The Washington County Board and the Silver City Council enact ordinances. Administrative law includes​

A)all laws that affect a business's operation.
B)the rules, orders, and decisions of the Consumer Product Safety Commission.
C)statutes enacted by the Colorado state legislature.
D)ordinances enacted by the Washington County Board and the Silver City Council.

Question 48

Ian enters into a contract with Jill's Farm to provide water for Jill's irrigation needs. Ian fails to deliver. Jill initiates a suit against Ian, asking the court to order Ian to perform. Jill is

A)the plaintiff.
B)the defendant.
C)the binding authority.
D)the persuasive authority.

Question 49

The branch of law dealing with the enforcement of private rights and duties between parties is

A)administrative law.
B)civil law.
C)constitutional law.
D)federal law.

Question 50

There are no precedents on which the court deciding the case Standard Resource Co. v. Topline Inventory, Inc., can base its decision. The court can consider, among other things,​

A)the opinions of the friends and relatives of the judge.
B)the results of a poll of those in the courtroom.
C)public policy or social values.
D)none of the choices.

Question 51

As a judge, Baxter applies common law rules. These rules develop from​

A)decisions of the courts in legal disputes.
B)regulations issued by administrative agencies.
C)statutes enacted by Congress and the state legislatures.
D)uniform laws drafted by legal scholars.

Question 52

Charles is a federal judge whose judicial decisions are part of case law, which does not include interpretations of​

A)regulations created by administrative agencies.
B)constitutional provisions.
C)statutes enacted by legislatures.
D)parties' subjective motives for engaging in litigation.

Question 53

A Metro City ordinance imposes a jail term, without a trial, on all vendors who operate in certain areas. A court would likely review this ordinance under the principles of​

A)equal protection.
B)free exercise.
C)due process.
D)free speech

Question 54

Criminal acts are prohibited by​

A)local statutes only.
B)state statues only.
C)federal statutes only.
D)local, state, and federal statutes.

Question 55

Under the First Amendment, in comparison with commercial speech, the protection given obscene speech is​

A)equally extensive.
B)less extensive.
C)more extensive.
D)non-existent.

Question 56

Statutes passed by a state legislature apply within the state's boundaries. Laws enacted by the U.S. Congress pertain to the United States. Treaties between the United States and other nations can affect the signatories' relations. National law is​

A)law that pertains to a particular nation.
B)law that has an extraterritorial effect.
C)all law that is applied within a nation's courts, including international law and the law of another country.
D)federal law, as opposed to state law.

Question 57

Distinguishing between legal and equitable remedies is

A)not important because legal remedies cannot be granted today.
B)not important because equitable remedies cannot be granted today.
C)important so that statistical data on the remedies can be compiled.
D)important because the type of remedy available will depend on the type of harm suffered.

Question 58

Lyndon, a citizen of Maryland, obtains a federal license to operate a commercial fishing boat in a certain area off the Maryland coast. The Maryland state legislature enacts a law that bans all commercial fishing in that area. The state law most likely violates​

A)no provision in the U.S.Constitution.
B)the commerce clause.
C)the due process clause.
D)the supremacy clause.

Question 59

A statute enacted by the Nebraska state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against​

A)the courts' authority to determine that a law is unconstitutional.
B)the purpose of interstate commerce.
C)the state's interest in regulating the matter.
D)the statute's impact on noneconomic activity.

Question 60

Bay Town enacts an ordinance to allow only a few recreational boating outfits to operate in certain areas of its harbor, for the purpose of reducing traffic. A court would likely review this ordinance under the principles of​

A)equal protection.
B)free exercise.
C)due process.
D)free speech

Question 61

National Hospital Organization (NHO), a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by​

A)Congress.
B)a federal court.
C)the President.
D)none of the choices.

Question 62

Much of American law is based on​

A)the English legal system.
B)the Spanish legal system.
C)the civil law of the Greeks.
D)Ancient Chinese law.

Question 63

In a dispute between Digital Hardware Corporation and Software 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 legal system?​

Question 64

Keralyn creates a Web site to post threatening messages about celebrities. 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.

Question 65

In an action against Gina, Harry obtains a remedy. This is​

A)an administrative agency's enforcement of its rule.
B)a principle of the law derived from earlier court cases.
C)a statute enacted by a state legislature or Congress.
D)the means to enforce a right or to compensate for the violation of a right.

Question 66

A decision by the federal Environmental Protection Agency (EPA) on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation, under the supremacy clause,​

A)both the decision and the law are invalid.
B)both the decision and the law apply concurrently.
C)California's law takes precedence.
D)the EPA's decision takes precedence.

Question 67

In Benny v. City Car Dealership, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Dora v. Even Steven Auto Deals, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to​

A)allow the minor to cancel the contract.
B)disregard the Benny case.
C)order the minor to cancel the contract.
D)require the minor to fulfill the contract.

Question 68

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.
B)privacy.
C)due process.
D)engage in interstate commerce.

Question 69

The Uniform Commercial Code has been adopted, at least in part, in​

A)all states.
B)forty-five states.
C)thirty-five states.
D)no state.

Question 70

James and Kay enter into a contract for the sale of a bicycle, but Kay later refuses to deliver the goods. James asks a court to order Kay to perform as promised. Ordering a party to perform what was promised is​

A)an equitable remedy.
B)an unenforceable demand.
C)an action.
D)beyond the court's authority.

Question 71

Jim operates Jim's Fruits & Vegetables, a small market stocked entirely with produce grown on his adjacent farm. Under what clause of the Constitution can the federal government regulate Jim's activities? What is Jim's best argument against federal regulation of his farm and business?​

Question 72

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.
B)positive aspect.
C)negative aspect.
D)active aspect.