CH-6 The Constitution – The Legal and Regulatory Environment of Business : Exam Guide

06 Key 1. The separation of powers between levels of government is known as federalism. Answer: True The separation of powers between levels of government is known as federalism. 2. The concept of federalism recognizes that all levels of government have interrelated roles to play. Answer: False The concept of federalism recognizes that each level of government has a separate and distinct role to play. 3. The federal government recognizes that states have no sovereignty. Answer: False The federal government recognizes that it was created by the states and that states have some sovereignty. 4. A conflict exists between a state law and a federal law if the state statute would prevent or interfere with the accomplishment and execution of the objectives of Congress. Answer: True A conflict exists between a state law and a federal law if the state statute would prevent or interfere with the accomplishment and execution of the objectives of Congress. 5. The Constitution emphasizes that federal law is supreme over a state law or local ordinance. Answer: True The Constitution emphasizes that federal law is supreme over a state law or local ordinance. 6. If a federal law preemptsa subject then any state law that attempts to regulate the same activity is constitutional under the supremacy clause. Answer: False If a federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional under the supremacy clause. 7. The concept of preemption applies only to federal statutes, not to the rules and regulations of federal administrative agencies. Answer: False The concept of preemption applies not only to federal statutes but also to the rules and regulations of federal administrative agencies. 8. The contract clause applies to the federal government in many ways. Answer: False The contract clause does not apply to the federal government, which does in fact frequently enact laws and adopt regulations that affect existing contracts. 9. Under the contract clause, states cannot enact laws that impact rights and duties under existing contracts. Answer: True Under the contract clause, states cannot enact laws that impact rights and duties under existing contracts. 10. The contract clause restricts the federal government's power to impact contractual relationships. Answer: False The contract clause regulates state and local government; it does not restrict the federal government's power to impact contractual relationships. 11. The first ten amendments are known as the Bill of Rights. Answer: True The first ten amendments are known as the Bill of Rights. 12. The extent of any limitation on a basic constitutional guarantee depends upon the nature of the competing public policy. Answer: True The extent of any limitation on a basic constitutional guarantee depends upon the nature of the competing public policy. Cases involving the Bill of Rights almost always require courts to strike a balance either between some goal or policy of society and the constitutional protection involved or between competing constitutional guarantees. 13. Constitutional guarantees exist in order to remove certain issues from the political process and the ballot box. Answer: True Constitutional guarantees exist in order to remove certain issues from the political process and the ballot box. They exist to protect the minority from the majority. 14. Constitutional rights remain constant and do not vary from time to time. Answer: False Constitutional rights vary from time to time and may be narrowly interpreted during emergencies such as war or civil strife. 15. The establishment clause deals with freedom of speech. Answer: False The establishment clause deals with freedom of religion. It enables people to respect any establishment of religion. 16. The establishment clause and the free exercise clause guarantee freedom of religion through the separation of church and state. Answer: True The First Amendment states that Congress shall make no law "respecting an establishment of religion" (the establishment clause) "or prohibiting the free exercise thereof" (the free exercise clause). These clauses guarantee freedom of religion through the separation of church and state. 17. Freedom of speech relates to private action that restricts our ability to express ourselves. Answer: False Freedom of speech relates to governmental action that restricts our ability to express ourselves. This amendment does not apply to private action. 18. Freedom of speech is an absolute constitutional guarantee. Answer: False Although freedom of speech is not absolute, it is as close to being absolute as any constitutional guarantee. 19. Freedom of speech provides the freedom to express ideas antagonistic to those of the majority. Answer: True Freedom of speech exists to protect the minority from the majority. It means freedom to express ideas antagonistic to those of the majority. Freedom of speech exists for thoughts many of us hate and for ideas that may be foreign to us. 20. Freedom of speech protects corporations as well as individuals. Answer: True Freedom of speech protects corporations as well as individuals. 21. The public interests served by freedom of expression protect the listener but not the speaker. Answer: False The public interests served by freedom of expression protect the listener as well as the speaker. Freedom of expression includes freedom of information or the rights of the public to be informed. 22. If the press publishes that which is illegal or libelous, it has liability for doing so. Answer: True Freedom of the press is usually construed to prohibit prior restraints on publications. If the press publishes that which is illegal or libelous, it has liability for doing so. 23. A libel is used to recover damages as a result of transitory statements. Answer: False A libel is used to recover damages as a result of printed defamation of character. 24. Libel cases compensate individuals for harm inflicted by defamatory printed falsehoods. Answer: True A libel is used to recover damages as a result of printed defamation of character. Libel cases compensate individuals for harm inflicted by defamatory printed falsehoods. 25. If a person involved in defamation is a public official or figure, a plaintiff seeking damages for emotional distress caused by offensive publications must prove actual malice in order to recover. Answer: True If the person involved in defamation is a public official or figure, a plaintiff seeking damages for emotional distress caused by offensive publications must prove actual malice in order to recover. 26. Due process means that government may not act in a manner that is arbitrary, capricious, or unreasonable. Answer: True Due process means "fundamental fairness and decency." It means that government may not act in a manner that is arbitrary, capricious, or unreasonable. 27. The due process clause prevents public utilities from acting in an unreasonable manner. Answer: False The due process clause does not prevent private individuals or corporations, including public utilities, from acting in an arbitrary or unreasonable manner. 28. Under the minimum rationality approach, a classification must have a wholly arbitrary basis. Answer: False Under the minimum rationality approach, a classification must have a reasonable basis and the courts will assume any statement of facts that can be used to justify the classification. 29. Under the strict scrutiny test, a classification will be a denial of equal protection unless the classification is necessary to achieve a compelling state purpose. Answer: True Under the strict scrutiny test, a classification will be a denial of equal protection unless the classification is necessary to achieve a compelling state purpose. 30. Quasi-strict scrutiny has resulted in holdings that find laws to be valid as well as unconstitutional. Answer: True Classifications under quasi-strict scrutiny tests are unconstitutional unless they are substantially related to an important government objective. This modified version of strict scrutiny has resulted in holdings that find laws to be valid as well as unconstitutional. 31. The creates the Congress, the presidency and vice presidency, and the Supreme Court of the United States. A. Perpetual Union B. Articles of Association C. United States Charter D. United States Constitution E. Article of Confederation Answer: D. United States Constitution The United States Constitution creates the Congress, the presidency and vice presidency, and the Supreme Court of the United States. 32. The separation of powers between levels of government is known as ________. A. feudalism B. federalism C. imperialism D. statocracy E. fascism Answer: B. federalism The separation of powers between levels of government is known as federalism. This concept recognizes that each level of government has a separate and distinct role to play. The federal government recognizes that it was created by the states and that states have some sovereignty. 33. The three significant concepts of the Constitution that create a strong centralized, federal government are the concept of separation of powers, the supremacy clause, and the _________. A. concept of federalism B. concept of imperialism C. overbreadth doctrine D. contract clause E. doctrine of preemption Answer: D. contract clause The Constitution contains many concepts that frame how the federal government operates and interacts with state and local governments. The three significant concepts of the Constitution that create a strong centralized, federal government are the concept of separation of powers, the supremacy clause, and the contract clause. 34. The concept ________ of recognizes that each level of government has a separate and distinct role to play. A. feudalism B. imperialism C. federalism D. statocracy E. fascism Answer: C. federalism The concept of federalism recognizes that each level of government has a separate and distinct role to play. The federal government recognizes that it was created by the states and that states have some sovereignty. 35. Which of the following is true about federalism? A. State government may limit the federal government's exercise of powers. B. Federalism refers to the common powers of the federal government and governments at the state and local levels. C. Federalism recognizes that all levels of government have interrelated roles. D. Federalism emphasizes that states do not have sovereignty. E. The federal government recognizes that it was created by the states. Answer: E. The federal government recognizes that it was created by the states. The federal government recognizes that it was created by the states and that states have some sovereignty. 36. When various laws are not consistent, which of the following is given first priority? A. United States Constitution B. State laws C. Local laws D. United States laws E. Uniform State laws Answer: A. United States Constitution When various laws are not consistent, the order of priority is (1) U.S. Constitution, (2) U.S. laws, (3) state and local laws. 37. Under the ___________, courts may be called upon to decide if a state law is invalid because it conflicts with a federal law. A. minimum rationality approach B. exclusion clause C. strict scrutiny approach D. supremacy clause E. contract clause Answer: D. supremacy clause Under the supremacy clause, courts may be called upon to decide if a state law is invalid because it conflicts with a federal law. They must construe or interpret the two laws to see if they are in conflict. 38. The Supreme Court reviewed a tax issued by the state of Alabama on a federally incorporated insurance organization. The Court found that if a state had the power to levy a tax on a federally incorporated institution, then the state had the power to destroy the federal institution. This would make the states superior to the federal government. Hence, the Court held that Alabama's tax on the insurance organization was unconstitutional. Which of the following supports the act of the Court? A. Supremacy clause B. Exclusion clause C. Strict scrutiny approach D. Minimum rationality approach E. Contract clause Answer: A. Supremacy clause Under the supremacy clause, courts may be called upon to decide if a state law is invalid because it conflicts with a federal law. In this case, when the Court found that if a state had the power to levy a tax on a federally incorporated institution; it realized that the state would have the power to destroy the federal institution. The Court realized that this would make the states superior to the federal government. The Court found that this would be inconsistent with the Supremacy Clause, which makes federal law superior to state law. Hence, the Court held that Alabama's tax on the insurance organization was unconstitutional. 39. The concept of preemption applies to and rules and regulations of federal administrative agencies. A. the exclusion clause B. the state clause C. local government D. state laws E. federal statutes Answer: E. federal statutes A federal law is said to preempt an area of law. If a federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional under the supremacy clause. The concept of preemption applies to federal statutes and rules and regulations of federal administrative agencies. 40. Which of the following is true about preemption? A. When the federal government enacts laws in an area, state laws that conflict are retained. B. If a federal law preempts a subject; state law that attempts to regulate it is unconstitutional. C. Preemption does not apply to federal statutes. D. The concept of preemption arises from the contract clause. E. If a federal law preempts a subject; state law that attempts to regulate it is constitutional. Answer: B. If a federal law preempts a subject; state law that attempts to regulate it is unconstitutional. If a federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional under the supremacy clause. The concept of preemption applies to federal statutes and rules and regulations of federal administrative agencies. 41. Which of the following is true about the supremacy clause? A. State laws that conflict are incorporated when the federal government enacts laws in an area. B. If a federal law preempts a subject, a state law that attempts to regulate it is constitutional. C. It states that courts must interpret state and federal laws to see if they are in conflict. D. It is applied when the federal government is not acting in pursuit of its constitutionally authorized powers. E. It does not apply to the federal government. Answer: C. It states that courts must interpret state and federal laws to see if they are in conflict. Under the supremacy clause, courts may be called upon to decide if a state law is invalid because it conflicts with a federal law. They must construe or interpret the two laws to see if they are in conflict. 42. The contract clause: A. applies to the federal government. B. allows a state to impose new prices on existing contracts. C. prohibits the federal government from contracting with a state government. D. limits a state's ability to impair the obligation of a contract. E. allows a state to enact laws that impact rights under existing contracts. Answer: D. limits a state's ability to impair the obligation of a contract. Under the contract clause, states cannot enact laws that impact rights and duties under existing contracts. The limitation on state action impairing contracts has not been given a literal application. 43. Snow Crystals Inc., a leading skate park construction company, had constructed a skate park with a charter in the state of Alaska. A few years later, when the state authority sanctioned the Nightingale Bridge Company to build a bridge that would use the land where the skate park was already constructed, the proprietors of Snow Crystals claimed that the state authority had broken its agreement with Snow Crystals, and thus the contract had been violated. The owners claimed that the charter had implied exclusive rights to Snow Crystals Inc. Which of the following should be applied to enable Snow Crystals Inc. avail justice? A. Preemption doctrine B. State clause C. Contract clause D. Overbreadth doctrine E. Supremacy clause Answer: C. Contract clause Under the contract clause, states cannot enact laws that impact rights and duties under existing contracts. The limitation on state action impairing contracts has not been given a literal application. Here, the state authority had impaired an existing contract with Snow Crystals Inc. by entering into a new contract with the Nightingale Bridge Company. 44. Which of the following is true about amendments and basic protections? A. Basic constitutional rights are absolute. B. Constitutional rights do not vary from time to time. C. Constitutional rights are not interpreted during emergencies such as war or civil strife. D. During peace time, constitutional principles are not reapplied. E. Constitutional guarantees exist to protect the minority from the majority. Answer: E. Constitutional guarantees exist to protect the minority from the majority. Constitutional guarantees exist to protect the minority from the majority. Freedom of expression (press and speech) protects the unpopular idea or viewpoint. Freedom of assembly allows groups with ideologies foreign to most of us to meet and express their philosophy. 45. Which of the following is true about freedom of speech? A. It covers both verbal and written communications. B. It exists to protect the majority from the minority. C. Its protection relates to private action that restricts our ability to express ourselves. D. It covers written communications but not conduct or actions. E. It is an absolute constitutional guarantee. Answer: A. It covers both verbal and written communications. Freedom of speech covers both verbal and written communications. It also covers conduct or actions. 46. A school in the state of Connecticut does not allow students to pray or maintain even a moment of silence in the school premises. Which of the following first amendment protections is this school providing? A. Freedom of speech B. Freedom of religion C. Freedom of the press D. Freedom of expression E. Freedom of symbolic speech Answer: B. Freedom of religion The First Amendment states that Congress shall make no law "respecting an establishment of religion" (the establishment clause) "or prohibiting the free exercise thereof" (the free exercise clause). The Supreme Court has held that prayers or even a moment of silence would violate the principles of the First Amendment. A school consists of students who are allowed to accept any set of religious beliefs. A prayer can interfere with another student's rights "not" to pray. Hence, the school does not allow students to conduct prayers in the premises. 47. Luke, Rocky, Nelly, and Mario are graffiti artists who belong to a minority community. They spray paints on a public wall in their city. They create designs and paintings on the wall depicting political and social issues that affect their community. This way, they protest against unfair practices. Which form of first amendment protection are these artists engaging themselves in? A. Freedom of the press B. Freedom of religion C. Freedom of speech D. Establishment clause E. Free exercise clause Answer: C. Freedom of speech Freedom of speech, sometimes referred to as freedom of expression, covers both verbal and written communications. This protection relates to governmental action that restricts our ability to express ourselves. It exists to protect the minority from the majority. It means freedom to express ideas antagonistic to those of the majority. 48. When a legislature passes a law that unnecessarily or too generally restricts freedom of speech, the court may declare the law unconstitutional based on the _________. A. overreaching doctrine B. overstretching doctrine C. overextension doctrine D. overbreadth doctrine E. doctrine of nullification Answer: D. overbreadth doctrine When a legislature passes a law that unnecessarily or too generally restricts freedom of speech, the court may declare the law unconstitutional based on the overbreadth doctrine. It means that the legislators have gone too far in seeking to achieve a goal. 49. A city makes it a crime to write anything on any public or private property. Harry was a resident of the city. He wanted to write something on a private sign that he owned. As he was worried about violating the law, he approached the court for support. The court declared this law unconstitutional based on the _________. A. overreaching doctrine B. overstretching doctrine C. overextension doctrine D. doctrine of nullification E. overbreadth doctrine Answer: E. overbreadth doctrine When a legislature passes a law that unnecessarily or too generally restricts freedom of speech, the court may declare the law unconstitutional based on the overbreadth doctrine. It means that the legislators have gone too far in seeking to achieve a goal. 50. Which of the following is true about commercial speech? A. It is not protected by the First Amendment. B. Corporations have First Amendment rights in the political speech arena. C. The public interests served by freedom of expression protect the listener but not the speaker. D. Freedom of speech for corporations is as extensive as the right of an individual. E. Corporations are not protected and do not have the right to free speech. Answer: B. Corporations have First Amendment rights in the political speech arena. Corporations have First Amendment rights in the political speech arena. Freedom of speech protects corporations as well as individuals. The public interests served by freedom of expression protect the listener as well as the speaker. 51. Hungry Hogs Corporation, an international hotdog eatery produced a misleading television advertisement. One of the ads compared the nutritional value of their hotdogs to the burgers sold by Gobble Up Inc. The ad stated that two hotdogs of Hungry Hogs contained 30 grams of fat, whereas, one burger of Gobble Up Inc. contained 52 grams. This ad led to a good consumer response. However, an anti-restaurant political group filed a complaint with a federal institution. The federal institution issued an order prohibiting Hungry Hogs from making health-compatibility statements about its products without scientific evidence. This instance of regulation on advertising of health-compatibility statements about food products is an example of a limitation on ________. A. symbolic speech B. individual speech C. overbreadth doctrine D. commercial speech E. freedom of thought Answer: D. commercial speech Freedom of speech protects corporations as well as individuals. The public interests served by freedom of expression protect the listener as well as the speaker. Since corporations may add to the public's knowledge and information, they also have the right to free speech. A government can limit commercial speech with a compelling state interest expressed to justify the restriction. In this case, the federal institution issued an order prohibiting Hungry Hogs from making health-compatibility statements about its products as they did not have valid, scientific evidence. 52. Which of the following is true about freedom of the press? A. It is an absolute constitutional guarantee. B. It refers to the right of the press to print anything it wants with liability. C. Its preservation cannot be sought through constitutional protections. D. It excludes communication and expression through electronic media. E. It is usually construed to prohibit prior restraints on publications. Answer: E. It is usually construed to prohibit prior restraints on publications. Freedom of the press is not absolute. The press is not free to print anything it wants without liability. Rather, freedom of the press is usually construed to prohibit prior restraints on publications. If the press publishes that which is illegal or libelous, it has liability for doing so. 53. A is used to recover damages as a result of printed defamation of character. A. slander B. calumny C. libel D. vilification E. traducement Answer: C. libel A libel is used to recover damages as a result of printed defamation of character. Libel cases compensate individuals for harm inflicted by defamatory printed falsehoods. 54. Gerard was hired to publish a weekly journal in the state of California. When he printed another person's article that criticized the governor of a state at the time, Gerard was accused of a certain tort theory. Which of the following tort theories would he most likely be accused of? A. Libel B. Calumny C. Slander D. Vilification E. Traducement Answer: A. Libel A libel is used to recover damages as a result of printed defamation of character. Libel cases compensate individuals for harm inflicted by defamatory printed falsehoods. As Gerard printed another person's article that criticized a governor, he was accused of libel. 55. If a person involved in a case involving freedom of the press is a public official or figure, a plaintiff seeking damages for emotional distress caused by offensive publications must prove in order to recover. A. slander B. actual malice C. common law malice D. vilification E. traducement Answer: B. actual malice If the person involved is a public official or figure, a plaintiff seeking damages for emotional distress caused by offensive publications must prove actual malice in order to recover. 56. The Second Amendment consists of the: A. right to free speech. B. right to respect any establishment of religion. C. right to possess guns. D. right to freely exercise any religious practice. E. right to free commercial speech. Answer: C. right to possess guns. There have been very few Supreme Court opinions involving the Second Amendment. The language of this amendment is as follows: "A well regulated Militia, being necessary to the security for a free State, the right of the people to keep and bear Arms, shall not be infringed." 57. Which of the following states that that government may not act in a manner that is arbitrary, capricious, or unreasonable? A. Procedural clause B. Contract clause C. Exclusion clause D. Limitation clause E. Due process clause Answer: E. Due process clause Due process means "fundamental fairness and decency." It means that government may not act in a manner that is arbitrary, capricious, or unreasonable. 58. Which of the following statements is true about the due process clause? A. It prevents individuals from acting in an arbitrary manner. B. It applies to the actions of governmental bodies and individuals. C. It prevents public utilities from acting in an unreasonable manner. D. It does not prevent private individuals or corporations, including public utilities, from acting in an unreasonable manner. E. It applies only to the actions of individuals and businesses'. Answer: D. It does not prevent private individuals or corporations, including public utilities, from acting in an unreasonable manner. The due process clause does not prevent private individuals or corporations, including public utilities, from acting in an arbitrary or unreasonable manner. It applies only to governmental bodies; it does not apply to the actions of individuals or businesses. 59. cases involve whether proper notice has been given and a proper hearing has been conducted. A. Equal protection clause B. Contract clause C. Exclusion clause D. Limitation clause E. Due process clause Answer: D. Limitation clause Procedural due process cases involve whether proper notice has been given and a proper hearing has been conducted. Such cases frequently involve procedures established by statute. 60. The concept of incorporation through the clause has made the protection of the Bill of Rights applicable to individuals subject to state and local regulations. A. supremacy B. contract C. due process D. limitation E. exclusion Answer: C. due process The concept of incorporation through the due process clause has made the protections of the Bill of Rights applicable to individuals subject to state and local regulations. 61. Which of the following is true under the minimum rationality approach? A. A permissible state end is one which is prohibited by at least one provision of the Constitution. B. A permissible state end is one which is not prohibited by another provision of the Constitution. C. A permissible state end does not qualify as a legitimate goal of government. D. A law creating different classifications will survive if it has an irrational connection to a permissible state end. E. A law creating different classifications will survive if it has a rational connection to a prohibited state end. Answer: B. A permissible state end is one which is not prohibited by another provision of the Constitution. Under the minimum rationality approach, a law creating different classifications will survive an equal protection challenge if it has a rational connection to a permissible state end. A permissible state end is one which is not prohibited by another provision of the Constitution. It qualifies as a legitimate goal of government. 62. Under the minimum rationality approach, a qualifies as a legitimate goal of government. A. rational connection B. prohibited state end C. irrational state end D. permissible state end E. wholly arbitrary case Answer: D. permissible state end A permissible state end is one not prohibited by another provision of the Constitution. It qualifies as a legitimate goal of government. 63. The test is used if the classification involves either a suspect class or a fundamental constitutional right. A. minimum rationality B. quasi-scrutiny C. rational basis D. intermediate scrutiny E. strict scrutiny Answer: E. strict scrutiny The strict scrutiny test is used if the classification involves either a suspect class or a fundamental constitutional right. 64. Classifications directed at race, national origin, and legitimacy of birth are classes. A. suspect B. quasi-suspect C. rational basis D. intermediate E. non-fundamental Answer: A. suspect A suspect class is one that has such disabilities, has been subjected to such a history of purposeful unequal treatment, or has been placed in such a position of political powerlessness that it commands extraordinary protection from the political process of the majority. For example, classifications directed at race, national origin, and legitimacy of birth are clearly suspect. 65. Polly secured a good grade with a 4 GPA in her admission test. However, she was denied admission by a management school. Hence, she filed a suit that the school had discriminated against her on the basis of race; that she was rejected because the school used race as an important factor, giving applicants belonging to minority groups a greater chance of admission than students with similar credentials from disfavoured racial groups. Which of the following approaches should be applied to solve Polly's case? A. Minimum rationality approach B. Strict scrutiny approach C. Rational basis approach D. Intermediate scrutiny approach E. Quasi-scrutiny approach Answer: B. Strict scrutiny approach The strict scrutiny test is used if the classification involves either a suspect class or a fundamental constitutional right. A suspect class is one that has such disabilities, has been subjected to such a history of purposeful unequal treatment, or has been placed in such a position of political powerlessness that it commands extraordinary protection from the political process of the majority. For example, classifications directed at race, national origin, and legitimacy of birth are clearly suspect. 66. Which of the following is true about the strict scrutiny approach? A. Under this approach, a classification will be an acceptance of equal protection. B. Under this approach, a law creating different classifications will survive an equal protection challenge. C. Classifications that are subject to this approach are presumed to be unconstitutional. D. This approach is used when classifications are partially suspect or the rights involved are not fundamental. E. This approach is used when classifications are rationally connected to a permissible government objective. Answer: C. Classifications that are subject to this approach are presumed to be unconstitutional. Classifications that are subject to strict judicial scrutiny are presumed to be unconstitutional. The state must convince the court that the classification is fair, reasonable, and necessary to accomplish the objective of legislation that is compelling to a state interest. 67. Which of the following is true about the strict scrutiny approach? A. It is used if the classification is partially suspect. B. It falls between the minimum and quasi-strict scrutiny approaches. C. It is used when the rights involved are not quite fundamental. D. Classifications that are subject to this approach are presumed to be constitutional. E. It is applied to cases involving classifications directed at fundamental rights. Answer: E. It is applied to cases involving classifications directed at fundamental rights. Strict judicial scrutiny is applied to cases involving classifications directed at fundamental rights. 68. The strict scrutiny approach is applied to cases involving rights such as the: A. right to possess guns. B. right to travel. C. right to follow any establishment of religion. D. right to exercise any religious practices. E. right to free speech. Answer: B. right to travel. Strict judicial scrutiny is applied to cases involving classifications directed at fundamental rights. If a classification unduly burdens or penalizes the exercise of a constitutional right, it will be stricken unless it is found to be necessary to support a compelling state interest. Among such rights are the right to vote, the right to travel, and the right to appeal. 69. Which of the following is true about quasi-strict scrutiny tests? A. Cases that fall under the minimum rationality approach use quasi-strict scrutiny tests. B. If a classification has a reasonable basis and not wholly arbitrary one, these tests are used. C. They are used for cases involving fundamental rights. D. Cases that fall between the minimum rationality and strict scrutiny approaches use them. E. If a classification is perfectly suspect, quasi-strict scrutiny tests are used. Answer: D. Cases that fall between the minimum rationality and strict scrutiny approaches use them. Cases that fall between the minimum rationality and strict scrutiny approaches use quasi-scrutiny tests. 70. Quasi-scrutiny tests are made on cases involving classifications based on . A. gender B. age C. race D. national origin E. height Answer: A. gender Cases that fall between the minimum rationality and strict scrutiny approaches use quasi-strict scrutiny tests. These cases use quasi-strict scrutiny tests because the classifications are only partially suspect or the rights involved are not quite fundamental. Classifications directed at gender are partially suspect. 71. A military institute in California launched a separate program for women. However, the senior members of the program held that women would not be provided with the same type of rigorous military training, facilities, courses, faculty, financial opportunities, and alumni connections that were provided to male cadets. The women cadets of the program filed a suit in order to get justice. Which of the following approaches should be applied to enable the women avail justice? A. Minimum rationality approach B. Strict scrutiny approach C. Quasi-scrutiny approach D. Intermediate scrutiny approach E. Rational basis approach Answer: C. Quasi-scrutiny approach A few cases use quasi-strict scrutiny tests because the classifications are only partially suspect or the rights involved are not quite fundamental. Classifications directed at gender are partially suspect. 72. The meaning and application of the equal protection clause have been central issues in cases involving the: A. right to possess guns. B. freedom of the press. C. freedom of expression. D. prohibition of respecting any establishment of religion. E. makeup of juries. Answer: E. makeup of juries. The meaning and application of the equal protection clause have been central issues in cases involving the makeup of juries. 73. The equal protection clause has been applied in cases involving: A. welfare residency requirements. B. commercial speech. C. right to use guns in public areas. D. freedom of the press. E. marriage. Answer: A. welfare residency requirements. The equal protection clause has been applied in cases involving welfare residency requirements. 74. Minimum rationality tests are applied to cases involving classifications based on _________. A. race B. national origin C. legitimacy D. marriage E. gender Answer: D. marriage Minimum rationality tests are applied to cases involving classifications based on marriage, height, weight, age, etc. 75. Quasi-strict scrutiny tests are applied to cases involving classifications based on __________. A. height B. legitimacy C. marriage D. age E. weight Answer: B. legitimacy Quasi-strict scrutiny tests are applied to cases involving classifications based on legitimacy, race, national origin, fundamental rights, etc. 76. Mention the main purpose of the Fourteenth Amendment. List the three important clauses of the Fourteenth Amendment. Answer: The Fourteenth Amendment provides protection to citizens against the actions of the states. This amendment contains three important clauses—privileges and immunities, due process, and equal protection. 77. List the basic concepts of the United States Constitution. Answer: The Constitution contains many concepts that frame how the federal government operates and interacts with state and local governments. Three of these are of great significance to the creation of a strong centralized, federal government. They are the separation of powers concept, the supremacy clause, and the contract clause. 78. What is federalism? Answer: The separation of powers between levels of government is known as federalism. This concept recognizes that each level of government has a separate and distinct role to play. The federal government recognizes that it was created by the states and that states have some sovereignty. 79. Briefly explain the supremacy clause. Answer: Under the supremacy clause, courts may be called upon to decide if a state law is invalid because it conflicts with a federal law. They must construe or interpret the two laws to see if they are in conflict. A conflict exists if the state statute would prevent or interfere with the accomplishment and execution of the full purposes and objectives of Congress. 80. Briefly explain the concept of preemption. Answer: A federal law is said to preempt an area of law. If a federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional under the supremacy clause. The concept of preemption applies not only to federal statutes but also to the rules and regulations of federal administrative agencies. 81. Explain the aspects of the contract clause. Answer: The contract clause does not apply to the federal government, which does in fact frequently enact laws and adopt regulations that affect existing contracts. Under the contract clause, states cannot enact laws that impact rights and duties under existing contracts. The limitation on state action impairing contracts has not been given a literal application. As a result of judicial interpretation, some state laws that affect existing contracts have been approved, especially when the law is passed to deal with a specific emergency situation. 82. Explain the four important aspects of amendments and basic protections. Answer: (1) Basic constitutional rights are not absolute. (2) The extent of any limitation on a basic constitutional guarantee depends upon the nature of the competing public policy. Cases involving the Bill of Rights almost always require courts to strike a balance either between some goal or policy of society and the constitutional protection involved or between competing constitutional guarantees. (3) Constitutional guarantees exist in order to remove certain issues from the political process and the ballot box. They exist to protect the minority from the majority. Freedom of expression (press and speech) protects the unpopular idea or viewpoint. (4) Constitutional rights vary from time to time and may be narrowly interpreted during emergencies such as war or civil strife. 83. Describe the two clauses included in the concept of freedom of religion. Answer: The establishment clause of the First Amendment states that Congress shall make no law respecting an establishment of religion. The free exercise clause of the First Amendment states that Congress shall make no law prohibiting the free exercise thereof. These clauses guarantee freedom of religion through the separation of church and state. 84. Explain the features of freedom of speech. Answer: This protection relates to governmental action that restricts our ability to express ourselves. The Amendment protection does not apply to private action. Free speech also covers conduct or actions considered symbolic speech. Although freedom of speech is not absolute, it is as close to being absolute as any constitutional guarantee. It exists to protect the minority from the majority. It means freedom to express ideas antagonistic to those of the majority. 85. When may a state law limit picketing? Answer: A state may constitutionally limit picketing (or other First Amendment freedoms) if: the regulation is within the government's constitutional power; it furthers a substantial governmental interest; it is unrelated to suppression of free expression; and the incidental restriction is no greater than is essential to further the government's interest. 86. What is the overbreadth doctrine? Explain. Answer: In some free-speech cases, an individual whose own speech or conduct may not be prohibited is nevertheless permitted to challenge a statute limiting speech because it also threatens other people not before the court. The person is allowed to challenge the statute because others who may desire to engage in legally protected expression may refrain from doing so. They may fear the risk of prosecution, or they may not want to risk having a law declared to be only partially invalid. This is known as the overbreadth doctrine. It means that the legislators have gone too far in seeking to achieve a goal. 87. Explain the features of commercial speech. Answer: Freedom of speech protects corporations as well as individuals. The public interests served by freedom of expression protect the listener as well as the speaker. Freedom of expression includes freedom of information or the rights of the public to be informed. Since corporations may add to the public's knowledge and information, they also have the right to free speech. Corporations have First Amendment rights in the political speech arena. Freedom of speech for corporations may not be as extensive as the right of an individual. However, a government cannot limit commercial speech without a compelling state interest expressed to justify the restriction. State regulatory commissions often seek to limit the activities of public utilities. 88. Explain the aspects of the freedom of the press. Answer: The publishing business is the only organized private business given explicit constitutional protection. The First Amendment states that "Congress shall make no law . . . abridging the freedom of the press." This guarantee essentially authorizes a private business to provide organized scrutiny of government. Freedom of the press is not absolute. The press is not free to print anything it wants without liability. Rather, freedom of the press is usually construed to prohibit prior restraints on publications. If the press publishes that which is illegal or libelous, it has liability for doing so. This liability may be either criminal or civil for damages. 89. What is a libel? Answer: A major area of litigation involving freedom of the press involves defamation. The tort theory known as libel is used to recover damages as a result of printed defamation of character. Libel cases compensate individuals for harm inflicted by defamatory printed falsehoods. 90. Explain the concept of actual malice. The threat of a libel suit could have a chilling effect on freedom of the press and on the public's rights to information. Hence, the law has a different standard for imposing liability when the printed matter concerns an issue of public interest and concern. If the person involved is a public official or figure, a plaintiff seeking damages for emotional distress caused by offensive publications must prove actual malice in order to recover. Actual malice includes knowledge that the printed statements are false or circumstances showing a reckless disregard for whether they are true or not. If the plaintiff is not a public figure or public official, there is liability for libelous statements without proof of malice. 91. Explain the due process clause. Answer: Due process means "fundamental fairness and decency." It means that government may not act in a manner that is arbitrary, capricious, or unreasonable. The clause does not prevent private individuals or corporations, including public utilities, from acting in an arbitrary or unreasonable manner. The due process clause applies only to governmental bodies; it does not apply to the actions of individuals or businesses. 92. Explain procedural due process cases. Answer: Procedural due process cases involve whether proper notice has been given and a proper hearing has been conducted. Such cases frequently involve procedures established by statute. However, many cases involve procedures that are not created by statute. 93. Explain the concept of the incorporation doctrine. Answer: The concept of incorporation through the due process clause has made the protections of the Bill of Rights applicable to individuals subject to state and local regulations. The role of the due process doctrine goes well beyond incorporation. The Fourteenth Amendment contains a due process clause applicable to state and local governments. Due process essentially means the same thing under both amendments. Through the due process clause, all of the constitutionally guaranteed freedoms have been incorporated into the Fourteenth Amendment and are applicable to the state government's regulation of our personal and professional lives. 94. List the approaches applied by courts while using the equal protection clause. Answer: The courts apply three distinct approaches while using the equal protection clause. One is the traditional or minimum rationality, approach, and a second is called the strict scrutiny approach. Some cases are analyzed as falling in between these approaches. Courts in these cases use the quasi-strict scrutiny approach. 95. Explain the minimum rationality approach. Answer: Under the minimum rationality approach, a law creating different classifications will survive an equal protection challenge if it has a rational connection to a permissible state end. A permissible state end is one not prohibited by another provision of the Constitution. It qualifies as a legitimate goal of government. The classification must have a reasonable basis (not wholly arbitrary), and the courts will assume any statement of facts that can be used to justify the classification. These laws often involve economic issues or social legislation such as welfare laws. 96. Explain the strict scrutiny approach. Answer: Under the strict scrutiny test, a classification will be a denial of equal protection unless the classification is necessary to achieve a compelling state purpose. It is not enough that a classification be permissible to achieve any state interest; it must be a compelling state objective. The strict scrutiny test is used if the classification involves either a suspect class or a fundamental constitutional right. A suspect class is one that has such disabilities, has been subjected to such a history of purposeful unequal treatment, or has been placed in such a position of political powerlessness that it commands extraordinary protection from the political process of the majority. For example, classifications directed at race, national origin, and legitimacy of birth are clearly suspect. Classifications that are subject to strict judicial scrutiny are presumed to be unconstitutional. The state must convince the court that the classification is fair, reasonable, and necessary to accomplish the objective of legislation that is compelling to a state interest. 97. Which approach should be used to cases involving classifications directed at fundamental rights? Answer: Strict judicial scrutiny is applied to a group of cases involving classifications directed at fundamental rights. If a classification unduly burdens or penalizes the exercise of a constitutional right, it will be stricken unless it is found to be necessary to support a compelling state interest. Among such rights are the right to vote, the right to travel, and the right to appeal. 98. Explain the quasi-strict scrutiny approach. Answer: Some cases fall between the minimum rationality and strict scrutiny approaches. These cases use what is sometimes called quasi-strict scrutiny tests because the classifications are only partially suspect or the rights involved are not quite fundamental. Such classifications are unconstitutional unless they are substantially related to an important government objective. This modified version of strict scrutiny has resulted in holdings that find laws to be valid as well as unconstitutional. 99. Explain why gender has not been moved to the strict scrutiny analysis. Answer: A reason gender has not been moved to the strict scrutiny analysis is cases involving gender discrimination are so infrequent; states understand that unequal protection on the basis of gender is unacceptable. 100. List some of the cases that have applied the equal protection clause. Answer: The meaning and application of the equal protection clause have been central issues in cases involving: • Apportionment of legislative bodies. • Racial segregation in the sale and rental of real estate. • Laws distinguishing between the rights of legitimates and illegitimates. • The makeup of juries. • Voting requirements. • Welfare residency requirements. • Rights of aliens. Test Bank for The Legal and Regulatory Environment of Business O. Lee Reed, Marisa Pagnattaro, Daniel Cahoy, Peter Shedd, Jere Morehead 9780073524993, 9780077437336, 9781260161793