BUSAD 120 - Business Law » Summer 2022 » Chapter 4 Quiz

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Question #1
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.   California’s law takes precedence.
B.   both the decision and the law are invalid.
C.   the EPA’s decision takes precedence.
D.   both the decision and the law apply concurrently.
Question #2
A statute enacted by the Arizona 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 state’s interest in regulating the matter.
B.   the statute’s impact on noneconomic activity.
C.   the purpose of interstate commerce.
D.   the courts’ authority to determine that a law is unconstitutional.
Question #3
Coffee Klatch Party Group, a political organization, files a claim to challenge a Delaware statute that limits the liberty of all persons to broadcast “annoying” radio commercials. This claim is most likely based on the right to
A.   procedural due process.
B.   equal protection of the law.
C.   substantive due process.
D.   privacy.
Question #4
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.   rendered invalid under the supremacy clause.
B.   struck down under the taxing and spending clause.
C.   upheld under the commerce clause.
D.   held to be valid under the equal protection clause.
Question #5
Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest
A.   and the parties affected by it can elect how “far” to go in applying it.
B.   and goes no further than necessary to achieve its purpose.
C.   without regard to how “far” it goes.
D.   and goes further than necessary to ensure full coverage.
Question #6
Congress enacts the Supplemental Income Tax Act (SITA) to exempt the citizens of New Jersey from federal taxes until their coastal towns are rebuilt from the ravages of a recent hurricane. SITA will most likely be
A.   struck down under the taxing and spending clause.
B.   rendered invalid under the supremacy clause.
C.   held to be valid under the equal protection clause.
D.   upheld under the commerce clause.
Question #7
In an effort to reduce traffic, Bay City enacts an ordinance that allows only a few specific street vendors to op¬er¬ate in certain areas. A court would likely review this ordinance under the principles of
A.   the equal protection clause.
B.   the commerce clause.
C.   the First Amendment.
D.   the due process clause.
Question #8
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.   procedural due process.
C.   substantive due process.
D.   privacy.
Question #9
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 symbolic.
D.   only if it is noncommercial.
Question #10
Mariah creates a t-shirt design that expresses support for Nathan, a presidential candidate, and distributes t-shirts imprinted with the design to her friends. The t-shirts are an example of
A.   controlled speech.
B.   symbolic speech.
C.   unprotected speech.
D.   illegal speech.
Question #11
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. Price-Lo Mart 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 free exercise clause.
C.   the establishment clause.
D.   the supremacy clause.
Question #12
Port Harbor City enacts an ordinance that bans the distribution of all printed materials on city streets. Later, Quint protests a new “revenue-enhancing” measure also enacted by the city by distributing handbills. When Quint is charged with violating the printed-materials ban, he files a suit against the city. Most likely, the court will hold that the ban is
A.   constitutional under the First Amendment.
B.   an unconstitutional restriction of speech.
C.   necessary to protect national interests.
D.   justified by the need to protect individual rights.
Question #13
Rodrick, the chief executive officer of Social Post Host Inc., claims that certain actions by the state of Texas infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit
A.   actions by nongovernment entities only.
B.   federal actions only.
C.   federal and state actions, and actions by nongovernment entities.
D.   federal and state actions.
Question #14
Savers Mart, Inc., distributes its merchandise on an interstate basis. Under the commerce clause, Congress has the power to regulate
A.   any commercial activity in the United States.
B.   only activities that are in intrastate commerce.
C.   only activities that are in local commerce.
D.   none of the choices.
Question #15
Selena’s Fajitas, a fast food outfit, files a suit against the state of Texas, claiming that a Texas state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on
A.   interstate commerce.
B.   noneconomic activity.
C.   a local government.
D.   the state.
Question #16
Sustainable Products Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is given
A.   forbidden.
B.   protected.
C.   discouraged.
D.   required.
Question #17
Utah enacts a law that restricts certain kinds of advertising to protect consumers from being misled. This law would likely be held by a court to be
A.   justified by the need to protect individual rights.
B.   necessary to protect state interests.
C.   an unconstitutional restriction of speech.
D.   constitutional under the First Amendment.
Question #18
A law that prohibits or inhibits only some persons from exercising a fundamental right will be subject to “strict scrutiny” by the courts.
A.   True
B.   False
Question #19
Congress may tax some states and exempt others.
A.   False
B.   True
Question #20
Expression—oral, written, or symbolized by conduct—is not subject to restrictions.
A.   True
B.   False
Question #21
State laws protect individuals’ privacy rights, often to a significant degree.
A.   True
B.   False
Question #22
Substantive due process limits what the government can do in its legislative and executive capacities.
A.   True
B.   False
Question #23
The First Amendment does not require a complete separation of church and state.
A.   False
B.   True
Question #24
The states can establish laws and regulations that would interfere with trade and commerce among themselves.
A.   False
B.   True
Question #25
Traditionally, the courts have protected the right to free speech to the fullest extent possible.
A.   True
B.   False

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