Question 1

The concept of federal law taking precedence over state or local law is called the preemption doctrine.

Accepted Answer

The statement is correct. The preemption doctrine holds that in situations where state or local law conflicts with federal law, federal law takes precedence and the state or local law is invalidated.

Question 2

Which of the following statements is true about states' police power?
A)Police power restricts states from regulating inter-state commerce, although it happens within their borders.
B)The states are allowed to regulate army activities within their borders.
C)The states are given the authority to enact laws that regulate the conduct of business.
D)The police force of a state is controlled by the federal police department.

Accepted Answer

Police power is the authority of the state to regulate conduct within its borders to promote the health, safety, and general welfare of its citizens. This includes the power to enact laws that regulate business activities. The other options are incorrect as police power does not restrict inter-state commerce, states cannot regulate army activities within their borders, and the federal police department does not control the police force of a state.

Question 3

Kingsland is a country that has been exporting apples to the United States for over a century,shipping 300 tons to Georgia each month.However,in the last transaction,Kingsland violated a trading norm that was not condoned by Georgia.Which of the following measures should be taken to regulate apple imports from Kingsland?
A)Georgia can stop trading with Kingsland after serving a notice.
B)Georgia can stop trading with Kingsland without serving a notice.
C)Georgia can appeal to the federal authority that can stop imports from Kingsland.
D)Georgia can make Kingsland export its apples to North Carolina.

Accepted Answer

The answer of Kingsland is a country that has been...

Question 4

Fierra Inc.is a German automobile manufacturer that has a five percent market share in the United States' automobile market.The company has a unit in North Carolina that imports Fierra's automobiles from its parent company in Germany and assembles them.Which of the following measures is in accordance with the Foreign Commerce Clause of the U.S.?
A)The government of North Carolina imposes an additional 10 percent tax on Fierra cars.
B)The government of Georgia bans the sale of Fierra cars.
C)The government of North Carolina asks Fierra Inc. to shut down its import unit in the state.
D)The federal government imposes an additional 100 percent tax only on Fierra cars being sold in North Carolina.

Accepted Answer

The answer of Fierra Inc.is a German automobile manufacturer that...

Question 5

If the federal government has chosen not to regulate an area of interstate commerce that it has the power to regulate under its Commerce Clause powers,this area of commerce is subject to the ________.
A)Free Exercise Clause
B)Dormant Commerce Clause
C)Due Process Clause
D)Privileges and Immunities Clause

Accepted Answer

The Dormant Commerce Clause (also known as the negative Commerce Clause) is a doctrine under which the federal government's decision not to regulate an area of interstate commerce may result in the invalidation of state laws or regulations that interfere with such commerce. This is because the Commerce Clause gives Congress the power to regulate interstate commerce, and the absence of federal regulation in a particular area suggests that Congress intended to leave regulation of that area to the free market. Therefore, state laws or regulations that discriminate against or unduly burden interstate commerce are typically struck down under the Dormant Commerce Clause.

Question 6

If the federal government has chosen not to regulate an area of commerce despite possessing the Commerce Clause powers to regulate it,the area is subject to Dormant Commerce Clause.

Accepted Answer

The Dormant Commerce Clause doctrine applies when Congress chooses not to regulate an area of commerce despite having the power to do so. This allows states to regulate in the absence of federal action, but those state laws cannot discriminate against or unduly burden interstate commerce.

Question 7

The United States considers Native American tribes as "domestic dependent" nations with limited sovereignty.

Accepted Answer

This is based on the legal principle known as "trust responsibility," which recognizes the unique relationship between the United States and Native American tribes. While tribes retain some sovereignty, the federal government has considerable authority over them and is responsible for providing certain services and protections.

Question 8

The Due Process Clause of the U.S.Constitution grants Congress the power "to regulate commerce with foreign nations,and among the several states,and with Indian tribes."

Accepted Answer

The Commerce Clause, not the Due Process Clause, grants Congress the power "to regulate commerce with foreign nations, and among the several states, and with Indian tribes."

Question 9

Police power permits states and local governments to enact laws to protect or promote the public health,safety,morals,and general welfare.

Accepted Answer

Police power is a fundamental authority of states and local governments in the United States, which permits them to enact laws for the protection and promotion of public health, safety, morals, and general welfare. This power is derived from the Tenth Amendment to the US Constitution, which reserves to the states all powers not delegated to the federal government. Examples of laws enacted under police power include building codes, zoning regulations, food safety standards, and quarantine measures.

Question 10

The Indian Gaming Regulatory Act sets the terms of ________ on tribal land.
A)casino gambling
B)hunting and gathering
C)agriculture and animal rearing
D)mining

Accepted Answer

The Indian Gaming Regulatory Act specifically governs casino gambling on tribal land.

Question 11

E-commerce is not subject to the Commerce Clause of the Constitution as most businesses that conduct e-commerce over the Internet do not have any physical location.

Accepted Answer

While some businesses that conduct e-commerce may not have a physical location, they are still engaging in commerce and therefore subject to the Commerce Clause of the Constitution.

Question 12

Which of the following statements is true about the Foreign Commerce Clause of the United States?
A)Regulation of foreign commerce by state governments is unconstitutional.
B)A state can enact a law that forbids a foreign country from doing business in that state, if that country engages in activities that are not condoned by that state.
C)Direct regulation of foreign commerce by the federal government violates the Commerce Clause.
D)A state government is only permitted to regulate foreign trade indirectly.

Accepted Answer

The Foreign Commerce Clause grants the federal government exclusive power to regulate commerce with foreign nations, making state regulation of foreign commerce unconstitutional.

Question 13

State governments do not have the power to regulate commerce with foreign nations.

Accepted Answer

According to the Commerce Clause of the U.S. Constitution, the power to regulate commerce with foreign nations is given exclusively to the federal government.

Question 14

Any state or local law that "directly and substantially" conflicts with valid federal law is preempted under the ________.
A)Supremacy Clause
B)Commerce Clause
C)Due Process Clause
D)Free Exercise Clause

Accepted Answer

The Supremacy Clause in Article VI of the U.S. Constitution establishes that federal law is the supreme law of the land. Any state or local law that conflicts with federal law is preempted and invalid to the extent of the conflict. To be preempted, the conflict must be direct and substantial.

Question 15

Santo belongs to the Eliok tribe in an Indian reservation in southern Nevada.He wants to open a casino in the reservation.However,the state authority denies the tribe permission to open a casino in its own territory.Which of the following permits the tribe to bring suit in federal court and force the state to comply?
A)Establishment Clause
B)Indian Gaming Regulatory Act
C)Dormant Commerce Clause
D)Indian Reorganization Act

Accepted Answer

The Indian Gaming Regulatory Act allows Indian tribes to conduct gaming activities on their Indian lands, subject to certain requirements and regulations. If the state is denying the tribe permission to open a casino in its own territory, the tribe may bring suit in federal court under the Indian Gaming Regulatory Act to force the state to comply.

Question 16

Which of the following is enacted under state police power?
A)personal property laws
B)intellectual property laws
C)corporate governance laws
D)equal opportunity laws

Accepted Answer

The answer of Which of the following is enacted under...

Question 17

Indian Gaming Regulatory Act establishes the requirements for conducting casino gambling and other gaming activities on tribal land.

Accepted Answer

The Indian Gaming Regulatory Act (IGRA) was passed in 1988 and provides the regulatory framework for gaming activities on tribal lands. It establishes the conditions for the operation of casinos and other gaming facilities on Indian reservations, including licensing, regulation, and revenue distribution.

Question 18

The power to regulate interstate commerce lies exclusively with the federal government.

Accepted Answer

The answer of The power to regulate interstate commerce lies...

Question 19

Which of the following statements is true about the Supremacy Clause of the U.S.Constitution?
A)A particular federal statute cannot exclusively regulate a specific area or activity.
B)Any state or local law that "directly and substantially" conflicts with valid federal law is preempted.
C)A particular federal statute can expressly provide for exclusive jurisdiction.
D)Any state or local law that "directly and substantially" conflicts with valid federal law is held valid until such a time that the relevance of the federal law is tested and held in harmony with the cultural diversity in the state.

Accepted Answer

The Supremacy Clause establishes that federal law is supreme over state law. This means that any state or local law that "directly and substantially" conflicts with valid federal law is preempted, or overridden, by the federal law. Option A is incorrect because there are instances where a federal statute can exclusively regulate a specific area or activity if Congress has expressly provided for it. Option C is incorrect because while a federal statute can provide for exclusive jurisdiction, it does not necessarily relate to the Supremacy Clause. Option D is incorrect because if a state or local law is in direct conflict with federal law, it cannot be held valid.

Question 20

The Supremacy Clause establishes that the fundamental,legal,and political authority is vested in the citizens of the U.S.A.

Accepted Answer

The Supremacy Clause establishes that the Constitution, federal laws, and treaties are the supreme law of the land, not that the authority is vested in the citizens.

Quiz 4: Constitutional Law for Business and E-Commerce

The concept of federal law taking precedence over state or local law is called the preemption doctrine.

Which of the following statements is true about states' police power?

If the federal government has chosen not to regulate an area of interstate commerce that it has the power to regulate under its Commerce Clause powers,this area of commerce is subject to the ________.

If the federal government has chosen not to regulate an area of commerce despite possessing the Commerce Clause powers to regulate it,the area is subject to Dormant Commerce Clause.

The United States considers Native American tribes as "domestic dependent" nations with limited sovereignty.

The Due Process Clause of the U.S.Constitution grants Congress the power "to regulate commerce with foreign nations,and among the several states,and with Indian tribes."

Police power permits states and local governments to enact laws to protect or promote the public health,safety,morals,and general welfare.

The Indian Gaming Regulatory Act sets the terms of ________ on tribal land.

E-commerce is not subject to the Commerce Clause of the Constitution as most businesses that conduct e-commerce over the Internet do not have any physical location.

Which of the following statements is true about the Foreign Commerce Clause of the United States?

State governments do not have the power to regulate commerce with foreign nations.

Any state or local law that "directly and substantially" conflicts with valid federal law is preempted under the ________.

Which of the following is enacted under state police power?

Indian Gaming Regulatory Act establishes the requirements for conducting casino gambling and other gaming activities on tribal land.

The power to regulate interstate commerce lies exclusively with the federal government.

Which of the following statements is true about the Supremacy Clause of the U.S.Constitution?

The Supremacy Clause establishes that the fundamental,legal,and political authority is vested in the citizens of the U.S.A.