Business Law Critical Analysis

The term police powers encompasses just the enforcement of criminal laws. False, they are the state regulatory powers; they give state governments broad rights to regulate private activities 5. Under the U. S. Constitution, the judicial branch interprets the laws. True 6. The states can establish laws and regulations that would interfere with trade and commerce among themselves. False, they cannot 7. The breadth of the commerce clause permits the government to legislate only in areas in which Congress has explicitly been granted power. False, the cantonal government will get involved if It involves commerce in more than one state 8.
Under the supremacy clause, a valid federal statute or regulation will take precedence over a conflicting state or local law or regulation on the same general subject. True 9. Congress may tax some states and exempt others. False, uniformity in taxation 10. The Bill of Rights protects individuals, but not business entities, against various types of interference by the government. False, protects them too 1 1 . Traditionally, the courts have protected the right to free speech to the fullest extent possible. True 12. Expression-?oral, written, or symbolized by conduct-?is not subject to restrictions. False, it is subject to restriction 13.
According to the Elicited States Supreme Court, the First Amendment prevents limits from being placed on independent political expenditures by corporations. True 14. The First Amendment does not require a complete separation of church and state. True 15. To obtain a search warrant, law enforcement officers must convince a judge that they have reasonable grounds to believe a search will reveal evidence of a specific illegality. True 16. Generally, government inspectors do not have the right to enter business remises without a warrant. True 17. Substantive due process limits what the government can do in its legislative and executive capacities.

True 18. A law that prohibits or inhibits only some persons from exercising a fundamental right Will be subject to “strict scrutiny” by the courts. True 19. Presenting is the process of obtaining information by false means. True, a pretext is a false motive put forth to hide the real motive 20. State laws protect individuals’ privacy rights, often to a significant degree. True MULTIPLE-CHOICE QUESTIONS 1. The Constitution sets forth specific powers that can be exercised by the cantonal government and provides that the national government has the implied power to undertake actions necessary to carry its expressly designated powers. Ender the Tenth Amendment, all other powers are expressly reserved to a. B. D. 2. None of the choices. The states. The national government. The people. 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 Elicited States. B. Only activities that are in intrastate commerce. C. Only activities that are in local commerce. D. None of the choices. 3. 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 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 uneconomic activity. 4. Galena’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 local government. Interstate commerce. . uneconomic activity. He state. 5. 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. Held to be valid under the equal protection clause. Struck down under the taxing and spending clause. Upheld under the commerce clause. 6. 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 tit a California state law.
In this situation, under the supremacy clause, 7. Both the decision and the law are invalid. Both the decision and the law apply concurrently. Californians law takes precedence. The Pea’s decision takes precedence. Congress enacts the Supplemental Income Tax Act (SITS) to exempt the citizens of New Jersey from federal taxes until their coastal towns are rebuilt from the ravages of a recent hurricane. SITS will most likely be b. Held to be valid under the equal protection clause. C. Struck down under the taxing and spending clause. D. Upheld under the commerce clause. 8.
Redbrick, 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. Federal and state actions, and actions by nongovernmental entities. D. Actions by nongovernmental entities only. 9. Maria creates a t-shirt design that expresses support for Nathan, a presidential candidate, and distributes t-SSH arts imprinted with the design to her friends. The t-shirts are an example of a. Unprotected speech. B. Entitled speech. C. Symbolic speech. D. Illegal speech. 10. Port Harbor City enacts an ordinance that bans the distribution of all printed materials on city streets. Later, Quinn protests a new “revenue enhancing” measure also enacted by the city by distributing handbills. When Quinn 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 an unconstitutional restriction of speech. Constitutional under the First Amendment. . Justified by the need to protect individual rights. Necessary to protect national interests. 1 1 .
The Long-haul Truckers Association wants the federal government to spend funds to build a new highway. Congress can spend revenues a. Only to carry out its enumerated powers. B. To promote any objective that it deems worthwhile. C. As long as the funds are spent uniformly among the states. D. Without regard to whether the expense violates the Constitution. 12. Sustainable Products Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is given a. Discouraged. B. Forbidden. C. Protected. D. Required. 13. Taco Hot Dogs, Inc. , regularly advertises its products.

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