BUSAD 120 - Business Law » Fall 2022 » Chapter 2 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 purpose of interstate commerce.
B.
the state’s interest in regulating the matter.
C.
the courts’ authority to determine that a law is unconstitutional.
D.
the statute’s impact on noneconomic activity.
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.
equal protection of the law.
B.
privacy.
C.
procedural due process.
D.
substantive due process.
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.
struck down under the taxing and spending clause.
B.
held to be valid under the equal protection clause.
C.
upheld under the commerce clause.
D.
rendered invalid under the supremacy 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.
without regard to how “far” it goes.
B.
and goes no further than necessary to achieve its purpose.
C.
and the parties affected by it can elect how “far” to go in applying it.
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.
upheld under the commerce clause.
B.
rendered invalid under the supremacy clause.
C.
struck down under the taxing and spending clause.
D.
held to be valid under the equal protection 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 due process clause.
C.
the commerce clause.
D.
the First Amendment.
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.
privacy.
B.
substantive due process.
C.
equal protection of the law.
D.
procedural due process.
Question #9
Keralyn creates a Web site to post threatening messages about celebrities. The First Amendment protects such speech
A.
only if it is symbolic.
B.
none of the time.
C.
only if it is noncommercial.
D.
all of the time.
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.
unprotected speech.
B.
controlled speech.
C.
symbolic 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.
the free exercise clause.
B.
no clause in the U.S. Constitution.
C.
the supremacy clause.
D.
the establishment 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.
necessary to protect national interests.
B.
justified by the need to protect individual rights.
C.
constitutional under the First Amendment.
D.
an unconstitutional restriction of speech.
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.
federal actions only.
B.
federal and state actions.
C.
actions by nongovernment entities only.
D.
federal and state actions, and actions by nongovernment entities.
Question #14
Savers Mart, Inc., distributes its merchandise on an interstate basis. Under the commerce clause, Congress has the power to regulate
A.
only activities that are in local commerce.
B.
none of the choices.
C.
any commercial activity in the United States.
D.
only activities that are in intrastate commerce.
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.
noneconomic activity.
B.
interstate commerce.
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.
discouraged.
C.
required.
D.
protected.
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.
constitutional under the First Amendment.
B.
necessary to protect state interests.
C.
an unconstitutional restriction of speech.
D.
justified by the need to protect individual rights.
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.
False
B.
True
Question #19
Congress may tax some states and exempt others.
A.
True
B.
False
Question #20
Expression—oral, written, or symbolized by conduct—is not subject to restrictions.
A.
False
B.
True
Question #21
State laws protect individuals’ privacy rights, often to a significant degree.
A.
False
B.
True
Question #22
Substantive due process limits what the government can do in its legislative and executive capacities.
A.
False
B.
True
Question #23
The First Amendment does not require a complete separation of church and state.
A.
True
B.
False
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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