cbad 344 practice tests 1,2,4,5

T/F: Vince, from Illinois, was attending a concert in Michigan. Vince's obnoxious behavior irritated Troy, who was from Indiana. Troy asked Vince to settle down. Vince responded with an obnoxious comment and Troy shoved Vince. Vince fell to the ground and broke his arm. Vince wants to sue Troy for the injuries that Vince suffered. Assume Troy's action constitutes the crime of battery. Vince may file a criminal suit against Troy.

False

Only the government may file a criminal lawsuit. Vince may report this to the authorities, but then the government, usually a state's attorney, decides whether to file the lawsuit.

Mark Trenchant owned a store in Alabama in which he sold guns. His store had been in operation for ten years and was located one block from Eastwood Elementary School. This year a federal statute was enacted that made it a crime to sell guns within one mile of any primary school. Both the Alabama common law and an Alabama state statute, enacted five years ago, gave Trenchant the right to sell guns at his current location. Trenchant continued to operate his store and was taken to court over the issue. The court will most likely find Trenchant:

not guilty because the Alabama state statute was enacted prior to the federal statute.

not guilty because Alabama common law has been in existence longer than any other relevant source of law.

not guilty because this is a civil issue.

guilty under the federal statute.

guilty under the federal statute.

The length of time that the state statute was enacted is irrelevant. Federal statutes generally have priority over state statutes.

Hamilton House is engaged in the restaurant business. The company has operated successfully for over a decade, but economic pressures have impacted profits. To counter this, Hamilton fired some employees and required those that remained to take fewer breaks than required by the Occupational Safety and Health Administration (OSHA) rules. The most likely outcome for Hamilton will be:

investigation and enforcement by OSHA for violations of its rules.

a civil proceeding by OSHA to recover monetary damages for the overworked employees.

a criminal proceeding to punish the company.

a civil proceeding by the employees to enforce the OSHA rules.

investigation and enforcement by OSHA for violations of its rules.

Criminal law has to do with wrongs committed against society for which society demands redress. Criminal acts are proscribed by local, state, or federal government statutes. This case deals with Hamilton's violation of an administrative agency's rules. An administrative agency is a federal, state, or local government agency established to perform a specific function. These agencies have both investigatory and prosecutorial powers and would likely exercise them against Hamilton.

If a provision in the Florida state constitution conflicts with a provision in the U.S. Constitution:

the state constitution takes precedence.

the provisions are balanced to reach a compromise.

the U.S. Constitution takes precedence.

neither provision applies.

the U.S. Constitution takes precedence.

The U.S. Congress enacts a new federal statute that sets different standards for the liability of businesses selling defective products. This statute applies:

only to matters not covered by the state law.

only to those states that adopt the statute.

to all of the states.

to none of the states.

to all of the states.

A body of court decisions that applied throughout the English realm, and later became part of the heritage of all nations that were formerly British colonies (including the United States) is known as a/the:

precedent.

common law.

rule.

remedy.

common law.

Criminal defendants are prosecuted by:

panels of state court justices.

attorneys representing the victims.

juries of their peers.

public officials on behalf of the state.

public officials on behalf of the state.

Jay is a federal judge. Jay's judicial decisions are part of the case law. This law includes interpretations of:

statutes only.

constitutional provisions only.

administrative regulations, constitutional provisions, and statutes.

administrative regulations only.

administrative regulations, constitutional provisions, and statutes.

International law sources include:

treaties only.

the laws of individual nations only.

international organizations only.

the laws of individual nations, and treaties and international organizations.

the laws of individual nations, and treaties and international organizations.

T/F: In most states, a court can grant legal remedies or equitable remedies but not both in the same case.

False

The Securities Exchange Commission (SEC) is an administrative agency. The chief purpose of such agencies is to:

perform specific government functions.

impose uniform laws on the states.

standardize laws for the executive and judicial branches.

act as liaisons between federal and state governments.

perform specific government functions.

In Nebraska, the highest-ranking (superior) law is:

a rule created by a Nebraska state administrative agency.

a provision in the Nebraska constitution.

a statute enacted by the Nebraska legislature.

a case decided by the Nebraska Supreme Court.

a provision in the Nebraska constitution.

Every state’s constitution is the highest law within that state

In a state, constitution > statutes > agency rules > court decisions.

Voters in North Carolina approve a new state constitution after which the Ocean City Council passes new ordinances, the North Carolina Department of Parks and Recreation issues new rules, and the Ocean City Chamber of Commerce sends out new instructions. Sources of law do not include:

rules issued by the North Carolina Department of Parks and Recreation.

ordinances passed by the Ocean City Council.

state constitutions passed by popular vote.

instructions issued by the Ocean City Chamber of Commerce.

instructions issued by the Ocean City Chamber of Commerce.

Rules are a type of administrative law.

T/F: The U.S. Constitution is the supreme law of the United States.

True

T/F: A federal law that conflicts with the U.S. Constitution will be deemed unconstitutional.

True

Vince, from Illinois, was attending a concert in Michigan. Vince's obnoxious behavior irritated Troy, who was from Indiana. Troy asked Vince to settle down. Vince responded with an obnoxious comment and Troy shoved Vince. Vince fell to the ground and broke his arm. Vince wants to sue Troy for the injuries that Vince suffered. Vince wants to determine in which state, Illinois, Indiana, or Michigan, he should sue Troy. The appropriate state(s) for Vince to file his lawsuit is an issue of:

criminal law.

procedural law.

international law.

substantive law.

procedural law.

Procedural law controls how a lawsuit is filed, where it’s filed, what court has jurisdiction, what rules apply during the case.

Substantive law would be about what the actual legal rights are (ex: was Troy liable for battery?).

Criminal law isn’t involved because this is a civil lawsuit for injuries.

International law doesn’t apply — it’s all happening in U.S. states.

Scott Jensen owned two hundred acres of farmland in California. A creek flowed through the land, and Jensen used water from the creek to irrigate his crops. The water was adequate for his needs. Wesley Sarvis purchased farmland upstream from Jensen's property and began using water from the creek to irrigate. Claiming that he had exclusive rights to the water, Jensen filed a lawsuit in a California state court against Sarvis for using the water. The court held that Jensen and Sarvis had to divide their water use equally and that each of them was entitled to use the water every other week. Fifty years later, a similar dispute arose between two more California farmers. Bo Ellis lived upstream from Faye Deason. Deason claimed that she had exclusive rights to the water and filed a lawsuit in a California state court against Ellis for his use of the water. In the second case, Deason v. Ellis, the court will most likely:

refuse to apply stare decisis and overturn the rule because so much time has passed.

apply stare decisis and give Ellis exclusive rights to the water.

refuse to apply stare decisis and overturn the rule because the facts of the cases are not similar.

apply stare decisis and divide the water rights because the facts of the two cases are similar.

apply stare decisis and divide the water rights because the facts of the two cases are similar.

Civil law can best be described as:

federal, not state, law.

the common law of taxes.

law governing the relations among nations.

the law that governs relations between persons, and between persons and the government.

the law that governs relations between persons, and between persons and the government.

T/F: Equitable remedies include injunctions and decrees of specific performance.

True

Specific performance is:

an equitable remedy and a remedy at law.

a remedy at law only.

not a remedy.

an equitable remedy only.

an equitable remedy only.

In a suit against Owen, Phil obtains specific performance. This is:

a payment of money or property as compensation.

an order to perform what was promised.

the cancellation of a contract.

an order to do or to refrain from doing a particular act.

an order to perform what was promised.

The Federal Trade Commission (FTC) is a government agency that issues rules, orders, and decisions. The Georgia state legislature enacts statutes. The Jackson County Board and the Peach City Council enacts ordinances. Administrative law includes:

ordinances enacted by the county board and the city council.

decisions, orders, and rules of the FTC.

statutes enacted by the state legislature.

all laws that affect a business's operation.

decisions, orders, and rules of the FTC.

When Overseas Exports, Inc., based in New York, does business internationally, the firm may be subject to international law. The sources of this law include:

the laws of individual nations only.

treaties and international organizations only.

the laws of individual nations, and treaties and international organizations.

none of these choices.

the laws of individual nations, and treaties and international organizations.

T/F: States must adopt the Uniform Commercial Code (UCC) in its entirety without any changes.

False

UCC = model law, states adopt w/ or w/o changes

In Sales Distribution Corp. v. Consumer Products Co., the court decides that a precedent is incorrect or inapplicable. The court:

must ask a higher court to rule on the case.

must apply the precedent.

must refuse to decide the case.

may rule contrary to the precedent.

may rule contrary to the precedent.

T/F: Constitutional law includes only the U.S. Constitution.

False

This school of legal thought adheres to the belief that the written law of a particular society at a particular time is most significant.

The historical school.

Legal realism.

Legal positivism.

Natural law.

Legal positivism.

Legal Positivism = law = written rules today, no morality.

• Historical School:

  • Law evolves from traditions, customs, and history.

• Legal Realism:

  • Law is influenced by judges, social forces, and real-world outcomes.

• Natural Law:

  • Law should reflect universal moral and ethical principles that exist regardless of what’s written.

The legislature of the state of Missouri enacts a new statute that sets standards for the liability of businesses selling defective products. This statute applies:

in all states.

only in Missouri and its border states.

in all states but only to matters not covered by other states' laws.

only in Missouri.

only in Missouri.

One of the major functions of all administrative agencies is:

exercising minimal authority over those persons and industries they regulate.

limiting the size and scope of a government.

rulemaking.

deciding public policy on the issue of welfare rights.

rulemaking.

Sandra was injured when her car was struck by a car driven by David. As a result, Sandra has the right to file a lawsuit against David. This is an example of:

cyberlaw.

substantive law.

criminal law.

procedural law.

substantive law.

T/F: Criminal law focuses on duties that exist between persons.

False

T/F: Monetary damages is a remedy at law.

True

Pursuant to the doctrine of stare decisis, if an appellate court establishes a rule of law, the principle must be adhered to by:

that court and courts of lower rank.

all courts.

courts of lower rank only.

that court only.

that court and courts of lower rank.

Stare decisis = appellate court binds itself + lower courts

In a suit against Kathy, Lon obtains specific performance. This is:

a remedy at law only.

an equitable remedy only.

not a remedy.

an equitable remedy and a remedy at law.

an equitable remedy only.

Primary sources of law include:

federal and state statutes, administrative regulations, constitutions, and court cases.

federal and state statutes and administrative regulations only.

scholarly articles in law reviews.

federal and state statutes only.

federal and state statutes, administrative regulations, constitutions, and court cases.

While Samantha was driving to school, she stopped at a stoplight and was struck from behind by Nathan's car. Samantha was injured, and her car was damaged, and she filed a lawsuit against Nathan to recover for her losses. This case is an application of:

civil law.

cyberlaw.

public law.

criminal law.

civil law.

T/F: A court's direction to a party to do or to refrain from doing a particular act is a rescission.

False

Administrative agencies are created to:

provide more efficient office management.

perform a specific government function.

act as a buffer between the executive and legislative branches of a government.

develop a uniform set of rules to deal with commercial relations.

perform a specific government function.

T/F: Courts do not depart from precedents.

False

Vince, from Illinois, was attending a concert in Michigan. Vince's obnoxious behavior irritated Troy, who was from Indiana. Troy asked Vince to settle down. Vince responded with an obnoxious comment and Troy shoved Vince. Vince fell to the ground and broke his arm. Vince wants to sue Troy for the injuries that Vince suffered. Whether Vince will be successful against Troy is an issue of:

administrative law.

procedural law.

international law.

substantive law.

substantive law.

T/F: Judges use precedent when deciding a case in a common law legal system.

True

T/F: Stare decisis is a doctrine obligating judges to follow precedents established within their jurisdictions.

True

A regulation enacted by a city or county legislative body that becomes part of that state's statutory law is:

an ordinance.

a uniform law.

an administrative law.

a citation.

an ordinance.

Which of the following is not a primary source of law?

An administrative agency regulation

A case law (court decisions)

A legal encyclopedia

A state constitution

A legal encyclopedia

Hawaii enacts a state law that violates the U.S. Constitution. This law can be enforced by:

the state of Hawaii only.

the federal government only.

the United States Supreme Court only.

no one.

no one.

The National Conference of Commissioners on Uniform State Laws:

applies uniform laws to the states.

adopts uniform laws for the states.

drafts uniform laws for adoption by the states.

imposes uniform laws on the states.

drafts uniform laws for adoption by the states.

Each state has the option of adopting or rejecting a uniform law drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL). Only if a state legislature adopts a uniform law does that law become part of the statutory law of that state.

T/F: Federal statutes apply to all states.

True

T/F: A court may depart from its precedent if the court decides that the precedent should no longer be followed.

True

In early England, common law rules developed from the:

principles underlying the written laws of the nation.

laws established by the Norman king.

principles underlying judges' decisions in actual legal controversies.

laws passed by the English Parliament.

principles underlying judges' decisions in actual legal controversies.

T/F: A state constitution is supreme within the state's borders so long as it does not conflict with the U.S. Constitution or a federal law.

True

Lewis is a state court judge. Like other judges, Lewis often refers to secondary sources of law for guidance. These sources include:

state constitutions.

other states' statutes.

the U.S. Constitution.

official comments to statutes.

official comments to statutes.

T/F: State agency regulations take precedence over conflicting federal agency regulations.

False

In a suit against Charles, Diana obtains the cancellation of a contract, which is:

an injunction.

an award of damages.

rescission.

a decree of specific performance.

rescission.

A law enacted by the Wyoming state legislature requires that all drivers over the age of seventy-five pass a driving test to ensure that they are competent to operate a motor vehicle. If a driver fails to take or pass the test, the driver's license is automatically suspended. Ron Plakke is a seventy-seven-year-old Wyoming resident whose license was revoked for failing to take the test. Police later stopped Plakke for driving erratically and issued him a traffic citation for driving with a suspended license. The court most likely will find Plakke:

not guilty because the court has no authority to enforce the statute.

guilty under administrative law.

not guilty because the law applies only to people born after it was enacted.

guilty under the state statute.

guilty under the state statute.

T/F: The federal government cannot regulate commerce within a state, even if the commerce concerns more than one state.

False

T/F: A federal form of government is one in which sovereign power is vested entirely in a central governing authority.

False

In a federal form of government, the states form a union, and power is divided and shared between a central government and its member states.

Jim believes that his privacy rights were violated by his employer, the state of Colorado, when it disclosed several items about him, including some financial and health information. In general, Jim may look at all the areas of law except which of the following to determine if his privacy rights were violated?

Employment law

Tort law

Criminal law

Consumer law

Criminal law

Privacy violation by employer = tort, employment, consumer law — NOT criminal law.

Criminal law = when the government charges someone for breaking a law that hurts society as a whole.

President Woodrow Wilson negotiated the treaty that ended World War I, but Congress refused to ratify the treaty. This event exemplifies the principle of:

separation of powers.

a federal form of government.

checks and balances.

popular sovereignty.

checks and balances.

Under a federal form of government, the relationship between states and the central government may be described as:

a combination of very weak states and a weak central government.

a partnership in which the federal government and the states share sovereign powers.

a combination of a very strong central government and very weak states.

a combination of a weak central government and strong states.

a partnership in which the federal government and the states share sovereign powers.

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

True

T/F: A federal law that promotes a religion is unconstitutional.

True

Under the First Amendment, commercial speech is given:

more protection than noncommercial speech.

the same protection as noncommercial speech.

less protection than noncommercial speech.

no protection.

less protection than noncommercial speech.

Commercial speech, which consists of communications—primarily advertising and marketing—made by business firms that involve only their commercial interests, is given substantial protection by the courts. The protection given to commercial speech under the First Amendment is not as extensive as that afforded to noncommercial speech, however.

T/F: A law that restricts a fundamental right does not violate substantive due process if it promotes a compelling state interest.

True

The Supreme Court first held that the Constitution protects individual privacy rights during the:

1960s.

The Constitution provides for three branches of government.

True

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:

an unconstitutional restriction of speech.

necessary to protect national interests.

justified by the need to protect individual rights.

constitutional under the First Amendment.

an unconstitutional restriction of speech.

T/F: Whether the federal government has preempted a certain area is always clear.

False

If a law or action prohibits or inhibits some people from exercising a fundamental right, the law or action will be subject to what level of scrutiny by courts?

Limited scrutiny

Intermediate scrutiny

Strict scrutiny

Rational basis test

Strict scrutiny

Owen claims that a Pennsylvania state statute infringes on his "substantive due process" rights. This claim focuses on:

procedures used to make decisions to take life, liberty, or property.

the steps to be taken to protect Owen's privacy.

the similarity of the treatment of similarly situated individuals.

the content of the statute.

the content of the statute.

Privacy rights receive protection under:

the U.S. Constitution and state constitutions only.

the U.S. Constitutions, state constitutions, federal statutes, state statutes, and tort law.

the tort law only.

federal statutes and state statutes only.

the U.S. Constitutions, state constitutions, federal statutes, state statutes, and tort law.

The clause in the federal Constitution that has had the greatest impact on business is the:

separation of powers.

Tenth Amendment.

taxing and spending clause.

commerce clause.

commerce clause.

The Bill of Rights contains a list of protections for the individual against governmental interference. Whenever the language describing a right is overly broad or unclear:

the right does not apply to anyone.

the individual state legislatures interpret the unclear language.

the United States Supreme Court decides what the language means.

Congress must pass legislation clarifying the right.

the United States Supreme Court decides what the language means.

Article VI of the Constitution, commonly referred to as the supremacy clause, provides that when there is a direct conflict between a federal law and a state law:

the federal law is rendered invalid for that state.

Congress must decide which law is valid.

the Supreme Court must decide which law is valid.

the state law is rendered invalid.

the state law is rendered invalid.

Cameron discovers that his medical provider has accidentally released all of Cameron's medical records without Cameron's permission. If Cameron sues, which federal law is most likely to help him win his case?

Freedom of Information Act

Medical Records Privacy Act

Health Insurance Portability and Accountability Act

Family Educational Rights and Privacy Act

Health Insurance Portability and Accountability Act

As originally intended, the Bill of Rights limited the powers of:

the national government only.

the national, state, and local governments.

the national and state governments.

the state governments only.

the national government only.

By enacting fire and building codes, parking regulations, and zoning restrictions, state and local governments are exercising:

police powers.

concurrent powers.

dormant powers.

commerce powers.

police powers.

T/F: The First Amendment does not protect commercial speech as extensively as noncommercial speech.

True

A Minnesota state statute restricts certain kinds of advertising to protect consumers from being misled. A court would likely hold this statute to be:

an unconstitutional restriction of speech.

necessary to protect state interests.

justified by the need to protect individual rights.

constitutional under the First Amendment.

constitutional under the First Amendment.

Commercial speech = protected but regulated. Misleading ads = gov can restrict. Constitutional if passes commercial speech test.

Profit Company would like to review the information that the U.S. Department of Labor (DOL) has in its files about the company. Which of the following statutes allows Profit Company to request this information from the DOL?

The USA Patriot Act

The Health Insurance Portability and Accountability Act

The Right to One's Files Act

The Freedom of Information Act

The Freedom of Information Act

A New Hampshire state law that directly conflicts with a federal law is invalid under:

the commerce clause.

the supremacy clause.

the establishment clause.

the equal protection clause.

the supremacy clause.

Melanie engages in speech that harms others' good reputations on her blog at no.lie.com. The First Amendment gives such speech:

less protection than obscene speech.

the same protection as any noncommercial speech.

no protection.

more protection than symbolic speech.

no protection.

The state of Oregon enacts a statute that automatically revokes the driver's license of anyone caught text messaging while driving a vehicle. The statute provides that there is no right to a hearing regarding this type of driver's license revocation. While driving her car in Oregon, Sarah is stopped by a police officer who gives her a ticket for text messaging while driving and also informs her that her driver's license has been revoked. The Oregon statute:

violates Sarah's equal protection rights.

does not violate any of Sarah's constitutional rights.

violates Sarah's procedural due process rights.

violates Sarah's substantive due process rights.

violates Sarah's procedural due process rights.

Procedural Due Process = fair process (notice + hearing).

• Sarah wasn’t given any hearing to challenge the license revocation.

• Even if the government has a valid law, they still have to give people basic procedural rights before taking away important things (like a driver’s license = property interest).

Substantive Due Process = protecting fundamental rights or making sure the law itself isn’t unfair or unconstitutional.

• This law isn’t taking away a fundamental right (texting isn’t a fundamental right).

• The issue here is not the law itself but the fact that Sarah didn’t get a hearing before losing her license.

👉 Quick way to write it on your cheat sheet:

Procedural DP = notice + hearing
Substantive DP = fairness of law itself

Police powers allow states to:

have state police forces only.

regulate interstate commerce.

regulate private activities to promote public health, safety, and general welfare.

regulate only public activities, such as protest marches.

regulate private activities to promote public health, safety, and general welfare.

Following the Revolutionary War, the states created a confederal form of government in which:

the states had the authority to govern themselves and the national government could exercise only limited powers.

the states had the authority to govern themselves and no national government existed.

the states could exercise limited powers while the national government had the authority to govern the entire nation.

the states and national government shared power equally.

the states had the authority to govern themselves and the national government could exercise only limited powers.

The city of Trenton, New Jersey, passed an ordinance making it unlawful to use any form of sound amplification on the city streets. A city prosecutor, Charles Kovac, mounted an amplifier on a truck through which he played music and spoke on the microphone while driving on city streets. Kovac was tried and convicted in the Trenton Police Court and fined fifty dollars. Kovac appealed, arguing that the ordinance violated his rights of free speech and free assembly. The city claimed that the ordinance served a legitimate governmental function in keeping the city streets safe and orderly and did not prohibit free speech or assembly. The court probably found that the ordinance was:

unconstitutional as an unreasonable restriction on fundamental rights.

constitutional as a reasonable restriction on fundamental rights.

constitutional under the establishment clause.

unconstitutional under the equal protection clause.

constitutional as a reasonable restriction on fundamental rights.

T/F: The federal government cannot regulate commerce within a state, regardless of the effect of commerce on other states.

False

If a law limits a fundamental right, the law must promote a compelling or overriding state interest or it will be held to violate:

free exercise.

equal protection.

the substantive due process.

the procedural due process.

the substantive due process.

T/F: The Constitution specifically guarantees a right to privacy.

False

T/F: Under the Constitution, the judicial branch interprets the laws.

True

T/F: The Bill of Rights confers absolute rights, not subject to interpretation by the United States Supreme Court.

False

Colorado enacts a statute that limits the liberty of all persons, including corporations, to broadcast "annoying" radio commercials. This may violate:

the equal protection clause.

the right to privacy.

the substantive due process.

the procedural due process.

the substantive due process.

Substantive due process = is the law itself fair & clear? Vague laws violate it.

Procedural due process = was the process fair? (notice, hearing, chance to be heard)

Equal protection = treats groups unfairly.

Privacy = applies to private personal choices (marriage, sex, birth control, etc.)

Ralph Young was a commercial tour boat operator on the northern coast of Kauai, Hawaii. He was licensed by the state of Hawaii to operate his boat in Hanalei Bay. The U.S. Department of Transportation and the U.S. Coast Guard had also specifically granted Young an unrestricted license to operate his boats in Hanalei Bay. Hawaii subsequently passed a law that banned all commercial use of Hanalei Bay. The state refused to renew Young's state license and he was not allowed to operate his vessel under his federal licenses. Young filed a lawsuit against the state alleging that the state law that prohibited him from operating his boat conflicted with the federal law that authorized him to do so. The court probably found that the state law was:

unconstitutional under the supremacy clause.

constitutional under the due process clause.

constitutional under the supremacy clause.

unconstitutional under the equal protection clause.

unconstitutional under the supremacy clause.

Brad stands in front of Rustler's Round-Up Café, shouting "fighting words" that are likely to incite Rustler's patrons to respond violently. The First Amendment protects such speech:

all of the time.

none of the time.

only if it is noncommercial.

only if it is symbolic.

none of the time.

T/F: The Supreme Court has held that a constitutional right to privacy was implied by the Sixth Amendment.

False

Congress enacts the Tight Money Act (TMA) of 2006 to ban "major business entities" from making political contributions that individuals can make. A court would likely hold the TMA to be:

an unconstitutional restriction of speech.

necessary to protect national interests.

justified by the need to protect individual rights.

constitutional under the First Amendment.

an unconstitutional restriction of speech.

The Iowa state legislature passed a statute banning sixty-five-foot twin trailer trucks from operating on its state roads, highways, and interstate freeways. Consolidated Freightways (CF) employees drove twin and triple trailer trucks through Iowa on a regular basis. Switching to single trailer trucks either for all of its routes or just for the trip through Iowa was inconvenient, inefficient, and costly. CF filed a lawsuit contending that the statute was unconstitutional. The court most likely found that the Iowa statute was:

unconstitutional under the due process clause.

constitutional state interference with interstate commerce.

constitutional because Iowa has a compelling reason for the law.

unconstitutional state interference with interstate commerce.

unconstitutional state interference with interstate commerce.

T/F: Expression of all kinds is subject to reasonable restrictions.

True

The system of checks and balances set forth in the U.S. Constitution allows:

the executive branch to dominate all the other branches.

the judicial branch to have the final say on any issue.

the legislative branch to tell the judges what to do.

each branch to limit the actions of the other branches.

each branch to limit the actions of the other branches.

If Congress passes a 2 percent tax on cigarette sales in New Jersey only, this law will most likely be held:

unconstitutional under the contracts clause.

constitutional according to the preemption doctrine.

constitutional according to the commerce clause.

unconstitutional according to Article I, Section 8.

unconstitutional according to Article I, Section 8.

Jarrod is starting a web business, but becomes worried when he hears that the USA Patriot Act gave authority to government officials to monitor what he does online. Knowing what you know about the USA Patriot Act, you should tell Jarrod that the government may monitor which of the following?

His e-mail

His personal financial data

His web site visits

All of these choices

All of these choices