2 Chapter MC Law
Business Markets Coalition (BMC), a political lobbying group, wants a certain policy enacted
into law. If BMC's policy conflicts with the U.S. Constitution, a law embodying it can be enacted
by
a. any state legislature and Congress.
b. any state legislature but not Congress.
c. Congress but not any state legislature.
d. none of the choices.d. none of the choices.
Under the Constitution, Congress
a. administers the laws.
b. enforces the laws.
c. interprets the laws.
d. makes the laws.
d. makes the laws.
The Constitution sets out the authority and the limits of the branches of the government. The
term checks and balances means that
a. Congress writes checks and the president balances the budget.
b. each branch of government has some power to limit the actions of the other branches.
c. each branch of government may exercise the authority of the other branches.
d. the president "checks" the courts, which "balance" the laws.
b. each branch of government
has some power to limit the actions of the other branches.
Savers Mart, Inc., distributes its merchandise to retail outlets 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. only activities that are not in commerce. a. any commercial activity in the United States.
Wisconsin, like other states, may regulate private activities to protect or promote the public
order, health, safety, and general welfare under its
a. police powers.
b. taxing powers.
c. spending powers.
d. supreme powers. a. police powers.
The state legislature of Iowa enacts a transportation statute that impinges on interstate commerce.
This statute will be
a. balanced in terms of Iowa's interest in regulating a certain matter against the burden placed on
interstate commerce.
b. balanced in terms of the burden on Iowa against the merit and purpose of interstate commerce.
c. struck down.
d. upheld.
a. balanced in terms of Iowa's interest in regulating a certain matter against the
burden placed on interstate commerce.
Tori files a suit against the state of Utah, claiming that a Utah state law violates the commerce
clause. The court will agree if the statute
a. impinges on citizens' private activities.
b. imposes a substantial burden on interstate commerce.
c. imposes a substantial burden on the state.
d. promotes the public order, health, safety, morals, or general welfare. b. imposes a
substantial burden on interstate commerce.
Levi, a citizen of Maryland, obtains a federal license to operate a commercial fishing boat in
Chesapeake Bay. The Maryland state legislature enacts a law that bans all commercial fishing in
the bay. 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.
d. the supremacy clause.
Congress enacts a law that sets out a rigorous medical-device premarket approval process for the
U.S. Food and Drug Administration to follow. The law includes a preemption provision. Joe is
injured by a device that underwent the process and files a claim under New Hampshire state law
to recover for the injury. The court will most likely rule that
a. Joe's state law claim preempts the federal law.
b. the federal law and state law claim are concurrent.
c. the federal and state law claim cancel each other out.
d. the federal law preempts Joe's state law claim.
d. the federal law preempts Joe's state law
claim.
Congress enacts a law prohibiting toys made in China from being sold in the United States. The
Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii's law will
most likely be
a. rendered invalid under the supremacy clause.
b. rendered valid the free exercise clause.
c. struck down under the due process clause.
d. upheld under the commerce clause.
a. rendered invalid under the supremacy clause.
Mike, an advocate of a certain religion, publishes an article in New Times magazine insisting
that Congress base all federal law on his religion's principles. The First Amendment guarantees
Mike's freedom of
a. religion only.
b. speech only.
c. the press only.
d. religion, speech, and the press.
d. religion, speech, and the press.
Dru, a U.S. citizen, is the owner of Egret, Inc. Egret's competitors include Feathered Friends
Company (FFC), which is owned by Greg and Huey. The Bill of Rights embodies a series of
protections for Dru against types of interference by
a. FFC and its other competitors only.
b. FFC, Greg, Huey, others, and the government.
c. Greg, Huey, and other private individuals only.
d. the government only.
d. the government only.
The police obtain a search warrant and search Dave's apartment. After yelling obscenities at the
officers, Dave confesses to a crime and implicates his friends. The Constitution protects against
a. obscene speech only.
b. others' implication only.
c. unreasonable searches only.
d. obscene speech, others' implication, and unreasonable searches. c. unreasonable searches only
Bailey, the president of Carmichael Commodities Company, claims that certain actions by the
federal government and by the state of Delaware infringe on rights guaranteed by the Bill of
Rights. All of these rights limit
a. neither Delaware nor the federal government.
b. the federal government only.
c. Delaware and the federal government.
d. Delaware only.
b. the federal government only.
Federico, the president of Gems Retail Corporation, claims that certain actions by the federal
government and the state of New Mexico infringe on rights guaranteed by the Bill of Rights.
Most of these rights limit
a. neither New Mexico nor the federal government.
b. the federal government only.
c. New Mexico and the federal government.
d. New Mexico only. c. New Mexico and the federal government.
Serene City enacts an ordinance that bans the use of "sound amplifying systems" on public
streets. Tyler wants to campaign for a seat on the city council by broadcasting his message
through speakers mounted on a truck. In Tyler's suit against the city, a court would likely hold the
ordinance to be
a. an unconstitutional restriction of speech.
b. constitutional under the First Amendment.
c. justified by the need to protect individual rights.
d. necessary to protect national interests.
b. constitutional under the First Amendment.
Congress enacts the Tight Money Act (TMA) of 2010 to ban "major business entities" from
making political contributions that individuals can make. A court would likely hold the TMA
to be
a. an unconstitutional restriction of speech.
b. constitutional under the First Amendment.
c. justified by the need to protect individual rights.
d. necessary to protect national interests.
a. an unconstitutional restriction of speech.
Expendable Energy Corporation regularly expresses opinions on political issues. Under the First
Amendment, corporate political is speech given
a. little protection.
b. no protection.
c. significant protection.
d. total protection.
c. significant protection.
Beachside City enacts an ordinance that bans the distribution of all printed materials on city
streets. Carl opposes the city's latest "revenue-enhancing" measure and wants to protest by
distributing handbills. In his suit against the city, a court would likely hold the printed-materials
ban to be
a. an unconstitutional restriction of speech.
b. constitutional under the First Amendment.
c. justified by the need to protect individual rights.
d. necessary to protect national interests.
a. an unconstitutional restriction of speech.
California enacts a statute to ban advertising in "bad taste." This statute would likely be held by
a court to be
a. an unconstitutional restriction of speech.
b. constitutional under the First Amendment.
c. justified by the need to protect individual rights.
d. necessary to protect national interests.
a. an unconstitutional restriction of speech.
A Minnesota state statute restricts certain kinds of advertising to protect consumers from being
misled. A court would likely hold this statute to be
a. an unconstitutional restriction of speech.
b. constitutional under the First Amendment.
c. justified by the need to protect individual rights.
d. necessary to protect national interests.
b. constitutional under the First Amendment.
Machismo Motor Sales Corporation regularly advertises its off-the-road and all-terrain vehicles
and other products. Under the First Amendment, these ads and other commercial speech are
given
a. less protection than noncommercial speech.
b. more protection than symbolic speech.
c. no protection.
d. the same protection as defamatory speech. a. less protection than noncommercial speech.
Cordial Drinks, Inc., markets alcoholic beverages. A federal regulation bans the disclosure of the
alcohol content of liquor on Cordial's labels and those of other marketers. A court would likely
hold this regulation to be
a. an unconstitutional restriction of speech.
b. constitutional under the First Amendment.
c. justified by the need to protect individual rights.
d. necessary to protect national interests.
a. an unconstitutional restriction of speech.
In 2010, Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be
considered valid
a. if it directly advances a substantial government interest but goes no further than necessary.
b. if it directly advances a substantial government interest regardless of how "far" it goes.
c. under any circumstances.
d. under no circumstances. a. if it directly advances a substantial government interest but goes
no further than necessary.
Brad stands in front of Rustler's Round-Up Caf, shouting "fighting words" that are likely to
incite Rustler's patrons to respond violently. 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.
b. none of the time.
Adult Shoppe in Beach City sells a variety of publications, including child pornography. Beach
City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely
a. an invalid restriction of individuals' privacy.
b. an unconstitutional restriction of speech.
c. a violation of adults' rights to enjoy certain privileges.
d. constitutional under the First Amendment. d. constitutional under the First Amendment.
Melanie engages in speech that harms others' good reputations on her blog at no.lie.com. The
First Amendment gives such speech
a. less protection than obscene speech.
b. more protection than symbolic speech.
c. no protection.
d. the same protection as any noncommercial speech.
c. no protection.
Oklahoma enacts a law requiring all businesses in the state to donate 10 percent 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
a. no clause in the U.S. Constitution.
b. the establishment clause.
c. the free exercise clause.
d. the supremacy clause.
c. the free exercise clause.
Justice For All, a political organization, files a claim to challenge a Colorado 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. d. substantive due process
The Constitution provides that no person shall be deprived of "life, liberty, or property without
due process of law." Under this clause, "persons" include
a. animals and other "beings in nature."
b. buildings and other "manmade creations."
c. corporations and other "legal persons."
d. none of the choices.c. corporations and other "legal persons."
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.
b. the content of the statute.
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 Mary's privacy. a. procedures used in making decisions to
take life, liberty, or property.
A Rhode Island state statute imposes a prison term, without a trial, on all street vendors who
operate in certain areas. A court would likely hold this statute to be
a. constitutional under the due process clause.
b. constitutional under the equal protection clause.
c. unconstitutional under the due process clause.
d. unconstitutional under the equal protection clause.
c. unconstitutional under the due
process clause.
Vacation Village enacts an ordinance to allow only a few street vendors to operate in certain
areas, for the purpose of reducing traffic. A court would likely subject this ordinance to
a. a police power test under the commerce clause.
b. a "rational basis" test under the equal protection clause.
c. intermediate scrutiny under the due process clause.
d. strict scrutiny under the First Amendment. b. a "rational basis" test under the equal protection
clause.
Jon, a law enforcement official, monitors Kelsey's Internet activitiese-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. privacy.
c. procedural due process.
d. substantive due process. b. privacy.