BUS 346 Week 4 Quiz

BUS 346 Week 4 Quiz | Assignment Help | Mercer University

Exam 4: Chapter 4

Question 1

The President appoints federal judges with the advice and consent of the Senate.

o   True

o   False

Question 2

Symbolic speech is defined as nonverbal expressions of belief and is protected by the First Amendment.

o   True

o   False

Question 3

Under the Constitution, the judicial branch interprets the laws.

o   True

o   False

Question 4

A law that limits only some persons’ exercise of a fundamental right is valid under any circumstances.

o   True

o   False

Question 5

Under their police powers, states can regulate only public activities, such as political demonstrations.

o   True

o   False

Question 6

The Fifth Amendment prohibits unreasonable searches and seizures of persons or property.

o   True

o   False

Question 7

The President determines the jurisdiction of the federal courts.

o   True

o   False

Question 8

The Eighth Amendment prohibits excessive bail and fines, as well as cruel and unusual punishment.

o   True

o   False

Question 9

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.

o   True

o   False

Question 10

The judicial branch has the power to hold actions of the other branches of government unconstitutional.

o   True

o   False

Question 11

A law that has any impact on religion is unconstitutional.

o   True

o   False

Question 12

The Second Amendment to the U.S. Constitution reserves all powers not delegated to the national government to the states.

o   True

o   False

Question 13

Substantive due process focuses on the substance of legislation.

o   True

o   False

Question 14

Individuals have a right to obtain access to information about them collected in government files.

o   True

o   False

Question 15

Preemption occurs when Congress chooses to act exclusively in a concurrent area and a valid federal statue or regulation takes precedence over a conflicting state or local law.

o   True

o   False

Question 16

Under the Constitution, the judicial branch is responsible for foreign affairs.

o   True

o   False

Question 17

Procedural due process requires that any government decision to take a person’s property must be made fairly.

o   True

o   False

Question 18

The Bill of Rights protects individuals against types of interference by the federal government.

o   True

o   False

Question 19

A law that limits the liberty of all persons may violate substantive due process.

o   True

o   False

Question 20

The establishment clause of the U.S. Constitution prohibits the federal government from establishing a state-sponsored religion.

o   True

o   False

Question 21

Beachside City enacts an ordinance that bans the distribu-tion 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

o   an unconstitutional restriction of speech.

o   constitutional under the First Amendment.

o   justified by the need to protect individual rights.

o   necessary to protect national interests.

Question 22

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

o   equal protection of the law.

o   indictment.

o   procedural due process.

o   substantive due process.

Question 23

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

o   equal protection of the law.

o   privacy.

o   procedural due process.

o   substantive due process.

Question 24

Martin, a U.S. citizen, feels that a recently enacted federal law is unfair. He assembles a group of friends and they write a petition to the government. Martin and friends then stand quietly in front of the White House with signs declaring their belief that the law is unfair. Under the First Amendment, Martin has a right to

o   petition the government, but not to assemble a group peaceably.

o   assemble peaceably, but not to petition the government.

o   both petition the government and assemble peaceably.

o   neither petition the government nor assemble peaceably.    

Question 25

The commerce clause’s express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as the

o   dormant aspect of the commerce clause.

o   positive aspect of the commerce clause.

o   negative aspect of the commerce clause.

o   exclusive aspect of the commerce clause.

Question 26

Which of the following does not necessarily make material obscene?

o   The average person finds that it violates contemporary community standards.

o   The work taken as a whole appeals to a prurient interest in sex.

o   The work shows patently offensive sexual conduct.

o   The work shows animals mating.

Question 27

Adult Shoppe in Bay City sells a variety of publications, including child pornography. Bay City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely

o   an invalid restriction of individuals’ privacy.

o   an unconstitutional restriction of speech.

o   a violation of adults’ rights to enjoy certain privileges.

o   constitutional under the First Amendment.

Question 28

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that

o   Congress writes checks and the other branches balance the budget.

o   each branch has some power to limit the actions of the others.

o   the courts balance their authority to the other branches’ checklists.

o   the president “checks” the courts, which “balance” the laws.

Question 29

Savers Mart, Inc., distributes its merchandise to retail outlets on an inter-state basis. Under the commerce clause, Congress has the power to regulate

o   any commercial activity in the United States.

o   only activities that are in intrastate commerce.

o   only activities that are in local commerce.

o   only activities that are not in commerce.

Question 30

In 2015, Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid if it directly advances a substantial government interest

o   but goes no further than necessary to achieve its purpose.

o   without regard to how “far” it goes.

o   and the parties affected by it can elect how “far” to go in applying it.

o   and goes further than necessary to ensure full coverage.

Question 31

Tami’s Tasty Tacos, 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

o   a local government.

o   interstate commerce.

o   noneconomic activity.

o   the state.

Question 32

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. Moe 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

o   Moe’s state law claim preempts the federal law.

o   the federal law and state law claim are concurrent.

o   the federal and state law claim cancel each other out.

o   the federal law preempts Moe’s state law claim.

Question 33

The commerce clause of the U.S. Constitution is found in

o   Article I, Section 8.

o   Article I, Section 2.

o   Article VIII, Section 1.

o   Article II, Section 8.

Question 34

A Massachusetts state statute imposes a prison term, without a trial, on all street performers who operate in certain areas. A court would likely review this statute under the principles of

o   the commerce clause.

o   the equal protection clause.

o   the due process clause.

o   the First Amendment.

Question 35

Antonin, a federal judge, retires. The vacant position will be filled by a judge

o   appointed by the United States Supreme Court.

o   elected by voters.

o   appointed by the President.

o   appointed by Congress.

Question 36

Violent Videogames, Inc. markets a variety of shooting, fighting and hunting video games. A state statue is enacted that requires all video game manufacturers to label any games with an option to kill something as “excessively violent.” A court would likely hold this regulation to be

o   an unconstitutional restriction of speech.

o   constitutional under the First Amendment.

o   justified by the need to protect individual rights.

o   necessary to protect national interests.

Question 37

California enacts a statute to ban advertising in “bad taste.” This stat-ute would likely be held by a court to be

o   An unconstitutional restriction of speech.

o   Constitutional under the First Amendment.

o   Justified by the need to protect individual rights.

o   Necessary to protect national interests.

Question 38

Don, a U.S. citizen, is the owner of Egrets Unlimited, Inc. Egret’s competitors include Feathered Friends Company (FFC), which is owned by Greg and Huey. The Bill of Rights embod-ies a series of protections for Don against types of interference by

o   FFC and its other competitors only.

o   FFC, Greg, Huey, others, and the government.

o   Greg, Huey, and other private individuals only.

o   the government only.

Question 39

Reusable Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is

o   discouraged.

o   forbidden.

o   protected.

o   required.

Question 40

A federal law regarding the labelling of pesticides directly conflicts with a state law. The state law will be rendered invalid due to the

o   the supremacy clause.

o   the commerce clause.

o   the federal spending power.

o   the First Amendment.