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Business Ethics 2016 - QUIZ & ANSWERS (5) -Constitutional Law for Business and E-Commerce

Business Ethics 2016

BUSINESS ETHICS 2016

Case study guides and test bank and answer keys (2016)

The Legal Environment of Business and Online Commerce, 8e (Cheeseman)

 

 

The Legal Environment of Business and Online Commerce, 8e (Cheeseman)

Chapter 5   Constitutional Law for Business and E-Commerce

 

1) The ________ was a document that restricted the newly created U.S. federal government from levying and collecting taxes, regulating commerce with foreign countries, and regulating interstate commerce.

  1. A) U.S. Constitution
  2. B) Declaration of Independence
  3. C) Bill of Rights
  4. D) Articles of Confederation

Answer:  D

Diff: 1

Skill:  Legal Concepts

LO:  5.1 Describe the concept of federalism and the doctrine of separation of powers.

AACSB:  Analytical thinking

Classification:  Concept

 

2) Reserved powers remain with the ________.

  1. A) federal government
  2. B) judiciary
  3. C) state governments
  4. D) U.S. Congress

Answer:  C

Diff: 1

Skill:  Legal Concepts

LO:  5.1 Describe the concept of federalism and the doctrine of separation of powers.

AACSB:  Analytical thinking

Classification:  Concept

 

3) Jintopia is a country in which the federal government and the twelve state governments share powers. The form of government in Jintopia is ________.

  1. A) anarchism
  2. B) federalism
  3. C) unitarianism
  4. D) confederalism

Answer:  B

Diff: 2

Skill:  Factual Application

LO:  5.1 Describe the concept of federalism and the doctrine of separation of powers.

AACSB:  Application of knowledge

Classification:  Application

 

 

4) The legislative branch of the U.S. federal government is ________.

  1. A) monocameral
  2. B) bicameral
  3. C) tricameral
  4. D) polycameral

Answer:  B

Diff: 2

Skill:  Legal Concepts

LO:  5.1 Describe the concept of federalism and the doctrine of separation of powers.

AACSB:  Analytical thinking

Classification:  Concept

5) The ________ branch of the U.S. government is responsible for making federal law.

  1. A) executive
  2. B) judicial
  3. C) legislative
  4. D) fourth

Answer:  C

Diff: 1

Skill:  Legal Concepts

LO:  5.1 Describe the concept of federalism and the doctrine of separation of powers.

AACSB:  Analytical thinking

Classification:  Concept

 

6) Why have checks and balances been built into the U.S. Constitution?

  1. A) to keep a check on the number and frequency of amendments made to the Constitution
  2. B) to ensure that the judiciary is not biased or corrupt
  3. C) to prevent any one of the three branches of the government from becoming too powerful
  4. D) to ensure that people of all races and ethnicities are uniformly represented

Answer:  C

Diff: 2

Skill:  Legal Concepts

LO:  5.1 Describe the concept of federalism and the doctrine of separation of powers.

AACSB:  Analytical thinking

Classification:  Concept

 

7) The primary purpose of the Constitutional Convention of 1787 was to limit the power of the federal government and restrict it from levying or collecting taxes.

Answer:  FALSE

Diff: 1

Skill:  Legal Concepts

LO:  5.1 Describe the concept of federalism and the doctrine of separation of powers.

AACSB:  Analytical thinking

Classification:  Concept

 

 

8) In federalism, the federal government and the state governments share powers.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  5.1 Describe the concept of federalism and the doctrine of separation of powers.

AACSB:  Analytical thinking

Classification:  Concept

 

9) When the states ratified the Constitution, they delegated certain powers—called enumerated powers—to the federal government.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  5.1 Describe the concept of federalism and the doctrine of separation of powers.

AACSB:  Analytical thinking

Classification:  Concept

 

10) Reserved powers are delegated to the judiciary by the President of the United States.

Answer:  FALSE

Diff: 1

Skill:  Legal Concepts

LO:  5.1 Describe the concept of federalism and the doctrine of separation of powers.

AACSB:  Analytical thinking

Classification:  Concept

 

11) The House of Representatives has the power to impeach the President for certain activities, such as treason, bribery, and other crimes.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  5.1 Describe the concept of federalism and the doctrine of separation of powers.

AACSB:  Analytical thinking

Classification:  Concept

 

12) The U.S.'s form of government is referred to as ________, in which the federal government and the fifty states share powers.

Answer:  federalism

Diff: 1

Skill:  Legal Concepts

LO:  5.1 Describe the concept of federalism and the doctrine of separation of powers.

AACSB:  Analytical thinking

Classification:  Concept

 

 

13) ________ are powers delegated to the federal government by the states.

Answer:  Enumerated powers

Diff: 1

Skill:  Legal Concepts

LO:  5.1 Describe the concept of federalism and the doctrine of separation of powers.

AACSB:  Analytical thinking

Classification:  Concept

 

14) The ________ is responsible for making federal law.

Answer:  legislative branch/U.S. Congress

Diff: 1

Skill:  Legal Concepts

LO:  5.1 Describe the concept of federalism and the doctrine of separation of powers.

AACSB:  Analytical thinking

Classification:  Concept

 

15) Each state has ________ senators in the U.S. Senate.

Answer:  two

Diff: 1

Skill:  Legal Concepts

LO:  5.1 Describe the concept of federalism and the doctrine of separation of powers.

AACSB:  Analytical thinking

Classification:  Concept

16) The president is selected by the ________.

Answer:  Electoral College

Diff: 1

Skill:  Legal Concepts

LO:  5.1 Describe the concept of federalism and the doctrine of separation of powers.

AACSB:  Analytical thinking

Classification:  Concept

 

 

17) How is the federal government divided? Why are checks and balances necessary? Explain with instances.

Answer:  The federal government is divided into three branches:

  1. Legislative branch: The part of the U.S. government that makes federal laws. It is known as Congress (the Senate and the House of Representatives).
  2. Executive branch: The part of the U.S. government that enforces the federal law. It consists of the president and vice president.
  3. Judicial branch: The part of the U.S. government that interprets the law. It consists of the Supreme Court and other federal courts.

 

Checks and balances are built into the Constitution to ensure that no one branch of the federal government becomes too powerful. Examples of some of the checks and balances in our system of government are as follows:

  • The judicial branch has authority to examine the acts of the other two branches of government and determine whether those acts are constitutional.
  • The executive branch can enter into treaties with foreign governments only with the advice and consent of the Senate.

Diff: 2

Skill:  Legal Concepts

LO:  5.1 Describe the concept of federalism and the doctrine of separation of powers.

AACSB:  Analytical thinking

Classification:  Concept

 

18) How is power divided between the federal government and the state governments?

Answer:  The federal government and the 50 state governments share powers. When the states ratified the Constitution, they delegated certain powers—called enumerated powers——to the federal government. For example, the federal government is authorized to regulate interstate commerce and foreign affairs. Any powers that are not specifically delegated to the federal government by the Constitution are reserved to the state governments. These are called reserved powers. State governments are empowered to deal with local affairs. For example, states enact laws that provide for the formation and regulation of partnerships and corporations. Cities adopt zoning laws that designate certain portions of the city as residential areas and other portions as business and commercial areas.

Diff: 2

Skill:  Legal Concepts

LO:  5.1 Describe the concept of federalism and the doctrine of separation of powers.

AACSB:  Analytical thinking

Classification:  Concept

 

 

19) The ________ provides that federal law takes precedence over state or local law.

  1. A) preemption doctrine
  2. B) Bill of Rights
  3. C) Due Process Clause
  4. D) Free Exercise Clause

Answer:  A

Diff: 1

Skill:  Legal Concepts

LO:  5.2 Define and apply the Supremacy Clause of the U.S. Constitution.

AACSB:  Analytical thinking

Classification:  Concept

 

20) Which of the following is established by the Supremacy Clause of the U.S. Constitution?

  1. A) The President is the supreme and sovereign head of the United States.
  2. B) The legislative branch of the federal government is the supreme law-making authority in the country.
  3. C) The judiciary is the supreme law-enforcing authority and cannot be influenced by anyone, however powerful, in any manner.
  4. D) The U.S. Constitution and federal treaties, laws, and regulations are the supreme law of the land.

Answer:  D

Diff: 2

Skill:  Legal Concepts

LO:  5.2 Define and apply the Supremacy Clause of the U.S. Constitution.

AACSB:  Analytical thinking

Classification:  Concept

 

21) Which of the following statements is true of the Supremacy Clause of the U.S. Constitution?

  1. A) A particular federal statute cannot exclusively regulate a specific area or activity.
  2. B) Any state or local law that "directly and substantially" conflicts with valid federal law is preempted.
  3. C) A particular federal statute can expressly provide for exclusive jurisdiction.
  4. D) Any state or local law that "directly and substantially" conflicts with valid federal law is held valid if held in harmony with the cultural diversity in the state.

Answer:  B

Diff: 2

Skill:  Legal Concepts

LO:  5.2 Define and apply the Supremacy Clause of the U.S. Constitution.

AACSB:  Analytical thinking

Classification:  Concept

 

 

22) The concept of federal law taking precedence over state or local law is called the preemption doctrine.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  5.2 Define and apply the Supremacy Clause of the U.S. Constitution.

AACSB:  Analytical thinking

Classification:  Concept

23) The Supremacy Clause establishes that the fundamental legal and political authority is vested in the citizens of the United States of America.

Answer:  FALSE

Diff: 1

Skill:  Legal Concepts

LO:  5.2 Define and apply the Supremacy Clause of the U.S. Constitution.

AACSB:  Analytical thinking

Classification:  Concept

 

24) Checks and balances built into the Constitution ensure that amendments to the Constitution do not contradict existing laws.

Answer:  FALSE

Diff: 1

Skill:  Legal Concepts

LO:  5.2 Define and apply the Supremacy Clause of the U.S. Constitution.

AACSB:  Analytical thinking

Classification:  Concept

 

25) The ________ provides that federal law takes precedence over state or local law.

Answer:  preemption doctrine/Supremacy Clause

Diff: 1

Skill:  Legal Concepts

LO:  5.2 Define and apply the Supremacy Clause of the U.S. Constitution.

AACSB:  Analytical thinking

Classification:  Concept

 

 

26) Santo belongs to the Eliok tribe in an Indian reservation in southern Nevada. He wants to open a casino on the reservation. However, the state authority denies the tribe permission to open a casino in its own territory. Which of the following permits the tribe to bring suit in federal court and force the state to comply?

  1. A) Establishment Clause
  2. B) Indian Gaming Regulatory Act
  3. C) Dormant Commerce Clause
  4. D) Indian Reorganization Act

Answer:  B

Diff: 2

Skill:  Factual Application

LO:  5.3 Explain the federal government's authority to regulate interstate commerce and foreign commerce.

AACSB:  Application of knowledge

Classification:  Application

 

27) Which of the following statements is true of the United States' Foreign Commerce Clause?

  1. A) Regulation of foreign commerce by state governments is unconstitutional.
  2. B) A state can enact a law that forbids a foreign country from doing business in that state if that country engages in activities that are not condoned by that state.
  3. C) Direct regulation of foreign commerce by the federal government violates the Commerce Clause.
  4. D) A state government is only permitted to regulate foreign trade indirectly.

Answer:  A

Diff: 2

Skill:  Legal Concepts

LO:  5.3 Explain the federal government's authority to regulate interstate commerce and foreign commerce.

AACSB:  Analytical thinking

Classification:  Concept

 

28) Fierra Inc. is a German automobile manufacturer that has a five percent market share in the United States' automobile market. The company has a unit in North Carolina that imports Fierra automobiles from its parent company in Germany and assembles them. Which of the following measures is in accordance with U.S.A.'s Foreign Commerce Clause?

  1. A) The government of North Carolina imposes an additional ten percent tax on Fierra cars.
  2. B) The government of Georgia bans the sale of Fierra cars.
  3. C) The government of North Carolina asks Fierra Inc. to shut down its import unit in the state.
  4. D) The federal government imposes an additional hundred percent tax only on Fierra cars being sold in North Carolina.

Answer:  D

Diff: 2

Skill:  Factual Application

LO:  5.3 Explain the federal government's authority to regulate interstate commerce and foreign commerce.

AACSB:  Application of knowledge

Classification:  Application

 

29) Which of the following statements is true of states' police power?

  1. A) Police power restricts states from regulating interstate commerce although it happens within their borders.
  2. B) The states are allowed to regulate army activities within their borders.
  3. C) The states are given the authority to enact laws that regulate the conduct of business within their borders.
  4. D) The police force of a state is controlled by the federal police department.

Answer:  C

Diff: 2

Skill:  Legal Concepts

LO:  5.3 Explain the federal government's authority to regulate interstate commerce and foreign commerce.

AACSB:  Analytical thinking

Classification:  Concept

30) Which of the following is enacted under state police power?

  1. A) personal property laws
  2. B) intellectual property laws
  3. C) international trade laws
  4. D) equal opportunity laws

Answer:  A

Diff: 2

Skill:  Legal Concepts

LO:  5.3 Explain the federal government's authority to regulate interstate commerce and foreign commerce.

AACSB:  Analytical thinking

Classification:  Concept

 

31) Kingsland is a country that has been exporting apples to the United States for over a century, shipping 300 tons to Georgia each month. However, last month, Kingsland violated a trading norm which was not condoned by Georgia. Which of the following measures should be taken to regulate apple imports from Kingsland?

  1. A) Georgia should stop trading with Kingsland after serving a notice.
  2. B) Georgia should stop trading with Kingsland without serving a notice.
  3. C) Georgia should appeal to the federal authority which can stop imports from Kingsland.
  4. D) Georgia should make Kingsland export its apples to North Carolina.

Answer:  C

Diff: 3

Skill:  Factual Application

LO:  5.3 Explain the federal government's authority to regulate interstate commerce and foreign commerce.

AACSB:  Application of knowledge

Classification:  Application

 

 

32) The first ten amendments to the U.S. Constitution are collectively known as the ________.

  1. A) Due Process Clause
  2. B) Privileges Clause
  3. C) Bill of Rights
  4. D) Articles of Confederation

Answer:  C

Diff: 1

Skill:  Legal Concepts

LO:  5.3 Explain the federal government's authority to regulate interstate commerce and foreign commerce.

AACSB:  Analytical thinking

Classification:  Concept

 

33) The Due Process Clause of the U.S. Constitution grants Congress the power "to regulate commerce with foreign nations, and among the several states, and with Indian tribes."

Answer:  FALSE

Diff: 1

Skill:  Legal Concepts

LO:  5.3 Explain the federal government's authority to regulate interstate commerce and foreign commerce.

AACSB:  Analytical thinking

Classification:  Concept

 

34) The United States considers Native American tribes as "domestic dependent" nations with limited sovereignty.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  5.3 Explain the federal government's authority to regulate interstate commerce and foreign commerce.

AACSB:  Analytical thinking

Classification:  Concept

 

35) State governments do not have the power to regulate commerce with foreign nations.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  5.3 Explain the federal government's authority to regulate interstate commerce and foreign commerce.

AACSB:  Analytical thinking

Classification:  Concept

 

 

36) If the federal government has chosen not to regulate an area of commerce despite possessing the Commerce Clause powers to regulate it, the area is subject to the Dormant Commerce Clause.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  5.3 Explain the federal government's authority to regulate interstate commerce and foreign commerce.

AACSB:  Analytical thinking

Classification:  Concept

 

37) The power to regulate interstate commerce lies exclusively with the federal government.

Answer:  FALSE

Diff: 1

Skill:  Legal Concepts

LO:  5.3 Explain the federal government's authority to regulate interstate commerce and foreign commerce.

AACSB:  Analytical thinking

Classification:  Concept

 

38) Police power permits states and local governments to enact laws to protect or promote the public health, safety, morals, and general welfare.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  5.3 Explain the federal government's authority to regulate interstate commerce and foreign commerce.

AACSB:  Analytical thinking

Classification:  Concept

39) The ________ Act sets the terms of casino gambling and other gaming activities on tribal land.

Answer:  Indian Gaming Regulatory

Diff: 1

Skill:  Legal Concepts

LO:  5.3 Explain the federal government's authority to regulate interstate commerce and foreign commerce.

AACSB:  Analytical thinking

Classification:  Concept

 

 

40) ________ is a power that permits states and local governments to enact laws to protect or promote the public health, safety, morals, and general welfare.

Answer:  Police power

Diff: 1

Skill:  Legal Concepts

LO:  5.3 Explain the federal government's authority to regulate interstate commerce and foreign commerce.

AACSB:  Analytical thinking

Classification:  Concept

 

41) The first ten amendments to the U.S. Constitution are commonly known as the ________.

Answer:  Bill of Rights

Diff: 1

Skill:  Legal Concepts

LO:  5.3 Explain the federal government's authority to regulate interstate commerce and foreign commerce.

AACSB:  Analytical thinking

Classification:  Concept

 

42) How has the U.S. government regulated commerce with Native Americans?

Answer:  In general, the United States treats Native Americans as belonging to separate nations, similarly to the way it treats Spain or France; however, it still considers Native Americans "domestic dependent" nations with limited sovereignty. Today, many Native Americans live on reservations set aside for various tribes. In the late 1980s, the federal government authorized Native American tribes to operate gaming facilities. Congress passed the Indian Gaming Regulatory Act, a federal statute that establishes the requirements for conducting casino gambling and other gaming activities on tribal land. This act allows Native Americans to negotiate with the states for gaming compacts and ensures that the states do so in good faith. If a state fails to do so, the tribe can bring suit in federal court, forcing the state to comply. Today, casinos operated by Native Americans can be found in many states. Profits from the casinos have become an important source of income for members of certain tribes.

Diff: 2

Skill:  Legal Concepts

LO:  5.3 Explain the federal government's authority to regulate interstate commerce and foreign commerce.

AACSB:  Analytical thinking

Classification:  Concept

 

 

43) Why is it unconstitutional for a state government to ban products imported from a foreign country, even if the country engages in activities that are not condoned by that state?

Answer:  The Commerce Clause of the U.S. Constitution gives the federal government the exclusive power to regulate commerce with foreign nations. This is referred to as the Foreign Commerce Clause. Direct and indirect regulation of foreign commerce by state or local governments that unduly burdens foreign commerce violates the Commerce Clause and is therefore unconstitutional. The federal government could enact a law that forbids another country from doing business in the United States if that country engages in activities that are not condoned by the United States. A state, however, could not enact a law that forbids a foreign country from doing business in that state if that country engages in activities that are not condoned by that state.

Diff: 2

Skill:  Legal Concepts

LO:  5.3 Explain the federal government's authority to regulate interstate commerce and foreign commerce.

AACSB:  Analytical thinking

Classification:  Concept

 

44) Which of the following statements is true about the freedom of speech guaranteed by the Bill of Rights?

  1. A) The Freedom of Speech Clause was added to the Constitution in the third amendment.
  2. B) The Freedom of Speech Clause protects speech only, not conduct.
  3. C) There is no provision for fully protected speech in the Constitution.
  4. D) Burning the American flag in protest to a federal government military action is in violation of the Freedom of Speech Clause.

Answer:  B

Diff: 2

Skill:  Legal Concepts

LO:  5.4 Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited.

AACSB:  Analytical thinking

Classification:  Concept

 

45) Jerome wears a t-shirt that bears a picture of the current U.S. president. Under this picture, there are words which imply that the President is doing a bad job of running the country. In accordance with the Freedom of Speech Clause, which of the following is an accurate statement?

  1. A) Criticizing the current president is fully protected speech and Jerome cannot be prosecuted.
  2. B) Jerome could be arrested as his t-shirt violates the Freedom of Speech doctrine.
  3. C) Jerome wearing the t-shirt is an example of limited protected speech.
  4. D) Wearing the t-shirt makes Jerome liable for prosecution on the basis of defamation.

Answer:  A

Diff: 3

Skill:  Factual Application

LO:  5.4 Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited.

AACSB:  Application of knowledge

Classification:  Application

46) Speech that incites the violent or revolutionary overthrow of the government is an example of ________ speech.

  1. A) limited protected
  2. B) prohibited
  3. C) unprotected
  4. D) fully protected

Answer:  C

Diff: 2

Skill:  Legal Concepts

LO:  5.4 Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited.

AACSB:  Analytical thinking

Classification:  Concept

 

47) Which of the following is a form of limited protected speech?

  1. A) defamatory language
  2. B) speech that incites the violent or revolutionary overthrow of the government
  3. C) dangerous speech
  4. D) offensive speech

Answer:  D

Diff: 2

Skill:  Legal Concepts

LO:  5.4 Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited.

AACSB:  Analytical thinking

Classification:  Concept

 

48) Which of the following is a form of unprotected speech?

  1. A) offensive speech
  2. B) defamatory language
  3. C) commercial speech
  4. D) political speech

Answer:  B

Diff: 2

Skill:  Legal Concepts

LO:  5.4 Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited.

AACSB:  Analytical thinking

Classification:  Concept

 

 

49) Advertising is categorized as ________ speech.

  1. A) fully protected
  2. B) limited protected
  3. C) uncensored
  4. D) unprotected

Answer:  B

Diff: 2

Skill:  Legal Concepts

LO:  5.4 Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited.

AACSB:  Analytical thinking

Classification:  Concept

 

50) The ________ Clause of the U.S. Constitution prohibits the government from promoting one religion over another.

  1. A) Due Process
  2. B) Privileges and Immunities
  3. C) Establishment
  4. D) Free Exercise

Answer:  C

Diff: 1

Skill:  Legal Concepts

LO:  5.4 Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited.

AACSB:  Analytical thinking

Classification:  Concept

 

51) The ________ Clause of the U.S. Constitution prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions.

  1. A) Due Process
  2. B) Privileges and Immunities
  3. C) Establishment
  4. D) Free Exercise

Answer:  D

Diff: 1

Skill:  Legal Concepts

LO:  5.4 Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited.

AACSB:  Analytical thinking

Classification:  Concept

 

 

52) The Freedom of Speech Clause included in the First Amendment protects both speech and conduct.

Answer:  FALSE

Diff: 1

Skill:  Legal Concepts

LO:  5.4 Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited.

AACSB:  Analytical thinking

Classification:  Concept

 

53) Lila, a newspaper columnist in Chicago, is unhappy with the rising prices of fuel in the United States. She publishes an article criticizing the government's refusal to offer gasoline at subsidized rates. This is an example of fully protected speech.

Answer:  TRUE

Diff: 2

Skill:  Factual Application

LO:  5.4 Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited.

AACSB:  Application of knowledge

Classification:  Application

54) Advertising is categorized as limited protected speech.

Answer:  TRUE

Diff: 2

Skill:  Legal Concepts

LO:  5.4 Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited.

AACSB:  Analytical thinking

Classification:  Concept

 

55) Speech that is offensive to many members of the society, but is not obscene or violent, is held "unprotected" by the U.S. Supreme Court.

Answer:  FALSE

Diff: 2

Skill:  Legal Concepts

LO:  5.4 Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited.

AACSB:  Analytical thinking

Classification:  Concept

 

 

56) The Supreme Court has held that the content of offensive speech may not be forbidden but that it may be restricted by the government.

Answer:  TRUE

Diff: 2

Skill:  Legal Concepts

LO:  5.4 Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited.

AACSB:  Analytical thinking

Classification:  Concept

 

57) The Establishment Clause guarantees that there will be no state-sponsored religion.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  5.4 Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited.

AACSB:  Analytical thinking

Classification:  Concept

 

58) ________ is speech that the government cannot prohibit or regulate.

Answer:  Fully protected speech

Diff: 1

Skill:  Legal Concepts

LO:  5.4 Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited.

AACSB:  Analytical thinking

Classification:  Concept

 

59) Offensive speech is a form of ________ speech according to the First Amendment.

Answer:  limited protected

Diff: 2

Skill:  Legal Concepts

LO:  5.4 Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited.

AACSB:  Analytical thinking

Classification:  Concept

 

60) The ________ Clause prevents the government from promoting one religion over the other.

Answer:  Establishment

Diff: 1

Skill:  Legal Concepts

LO:  5.4 Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited.

AACSB:  Analytical thinking

Classification:  Concept

 

 

61) The ________ Clause prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions.

Answer:  Free Exercise

Diff: 1

Skill:  Legal Concepts

LO:  5.4 Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited.

AACSB:  Analytical thinking

Classification:  Concept

 

62) Distinguish between limited protected speech and unprotected speech, as defined by the U.S. Supreme Court.

Answer:  Limited protected speech refers to speech that the government may not prohibit but that is subject to time, place, and manner restrictions. Two major forms of limited protected speech are offensive speech and commercial speech. The U.S. Supreme Court has held that certain speech is unprotected speech that is not protected by the First Amendment and may be totally forbidden by the government. The Supreme Court has held that the following types of speech are unprotected speech–dangerous speech, fighting words that are likely to provoke a hostile or violent response from an average person, speech that incites the violent or revolutionary overthrow of the government, defamatory language, child pornography, and obscene speech.

Diff: 2

Skill:  Legal Concepts

LO:  5.4 Explain how the freedoms of speech, assembly, religion, and the press are protected by the First Amendment and how commercial speech may be limited.

AACSB:  Analytical thinking

Classification:  Concept

 

63) Which of the following amendments to the U.S. Constitution contains the Due Process, Equal Protection, and Privileges and Immunities Clauses?

  1. A) the Twelfth Amendment
  2. B) the Thirteenth Amendment
  3. C) the Fourteenth Amendment
  4. D) the Fifteenth Amendment

Answer:  C

Diff: 1

Skill:  Legal Concepts

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Analytical thinking

Classification:  Concept

 

64) A(n) ________ test is applied to classifications of people based on a suspect class.

  1. A) strict scrutiny
  2. B) intermediate scrutiny
  3. C) rational basis
  4. D) cogent basis

Answer:  A

Diff: 1

Skill:  Legal Concepts

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Analytical thinking

Classification:  Concept

 

65) Vanessa was born to American parents from a minority group in Miami. She applies to a public university which offers scholarships only to students from minority groups. Which of the following standards of review is used to decide if the university violates the Equal Protection Clause by offering Vanessa the scholarship?

  1. A) rational basis
  2. B) intermediate scrutiny
  3. C) strict scrutiny
  4. D) cogent basis

Answer:  C

Diff: 2

Skill:  Factual Application

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Application of knowledge

Classification:  Application

 

66) The lawfulness of government classifications based on a protected class other than a suspect class or a fundamental right, such as a classification based on gender, is examined using a(n) ________ test.

  1. A) strict scrutiny
  2. B) intermediate scrutiny
  3. C) rational basis
  4. D) cogent basis

Answer:  B

Diff: 1

Skill:  Legal Concepts

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Analytical thinking

Classification:  Concept

 

 

67) An organization provides six months of maternity leave to its female employees, whereas its male employees can avail paternity leave for a maximum of two weeks. Which of the following tests is used to examine the lawfulness of this classification?

  1. A) rational basis
  2. B) intermediate scrutiny
  3. C) strict scrutiny
  4. D) cogent basis

Answer:  B

Diff: 2

Skill:  Factual Application

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Application of knowledge

Classification:  Application

 

68) The lawfulness of all government classifications that do not involve suspect or protected classes is examined using a(n) ________ test.

  1. A) strict scrutiny
  2. B) intermediate basis
  3. C) due process
  4. D) rational basis

Answer:  D

Diff: 1

Skill:  Legal Concepts

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Analytical thinking

Classification:  Concept

 

69) The federal government's Social Security program, which pays benefits to older members of society but not to younger members of society, is lawful as examined by a(n) ________ test.

  1. A) rational basis
  2. B) intermediate scrutiny
  3. C) strict scrutiny
  4. D) due process

Answer:  A

Diff: 2

Skill:  Legal Concepts

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Analytical thinking

Classification:  Concept

 

70) Which of the following is an instance of a decision involving the Equal Protection Clause being made on the basis of the rational basis test?

  1. A) The government requires only men above the age of 18 to volunteer for military service.
  2. B) The government establishes a trust fund to provide financial aid to minority groups.
  3. C) A state government employs measures to improve living conditions on Native American reservations.
  4. D) The government provides subsidies to farmers, but not to carpenters or lumberjacks.

Answer:  D

Diff: 2

Skill:  Factual Application

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Application of knowledge

Classification:  Application

 

71) Which of the following provisions is made by the Due Process Clauses?

  1. A) No person shall be deprived of life, liberty, or property without due process of the law.
  2. B) No state can regulate foreign trade directly or indirectly without due process of the law.
  3. C) Motions for amendments to the constitution cannot be made without a majority in the parliament.
  4. D) Violation of freedom of speech makes the violator liable for immediate prosecution with due process of the law.

Answer:  A

Diff: 2

Skill:  Legal Concepts

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Analytical thinking

Classification:  Concept

 

72) Which of the following requires that government statutes, ordinances, regulations, and other laws be clear on their face and not overly broad in scope?

  1. A) procedural due process
  2. B) substantive due process
  3. C) the intermediate scrutiny test
  4. D) the rational basis test

Answer:  B

Diff: 1

Skill:  Legal Concepts

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Analytical thinking

Classification:  Concept

 

 

73) A certain state in the United States declares that its citizens should only wear "modest" clothing. Which of the following conclusions is made when this law is tested for substantive due process?

  1. A) unconstitutional for compulsion
  2. B) invalid for violation of the Equal Protection Clause
  3. C) void for vagueness
  4. D) invalid for violating freedom of expression

Answer:  C

Diff: 2

Skill:  Factual Application

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Application of knowledge

Classification:  Application

 

74) The ________ Clause of the U.S. Constitution collectively prohibits states from enacting laws that unduly discriminate in favor of their residents.

  1. A) Due Process and Dormant Commerce
  2. B) Equal Protection
  3. C) Establishment
  4. D) Privileges and Immunities

Answer:  D

Diff: 1

Skill:  Legal Concepts

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Analytical thinking

Classification:  Concept

 

75) The Equal Protection Clause of the Fourteenth Amendment provides that a state cannot promote one religion over others.

Answer:  FALSE

Diff: 1

Skill:  Legal Concepts

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Analytical thinking

Classification:  Concept

 

76) The Equal Protection Clause makes the classification of individuals based on their race unlawful.

Answer:  FALSE

Diff: 2

Skill:  Legal Concepts

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Analytical thinking

Classification:  Concept

 

 

77) Under the intermediate scrutiny test, a court must determine whether the government classification is reasonably related to a legitimate government purpose.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Analytical thinking

Classification:  Concept

78) Substantive due process requires that the government give a person proper notice and hearing of legal action before that person is deprived of his or her life, liberty, or property.

Answer:  FALSE

Diff: 1

Skill:  Legal Concepts

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Analytical thinking

Classification:  Concept

 

79) The Privileges and Immunities Clause prohibits states from enacting laws that unduly discriminate in favor of their residents.

Answer:  TRUE

Diff: 1

Skill:  Legal Concepts

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Analytical thinking

Classification:  Concept

 

80) The ________ is a test that is applied to classifications based on a suspect class or involves fundamental rights.

Answer:  strict scrutiny test

Diff: 1

Skill:  Legal Concepts

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Analytical thinking

Classification:  Concept

 

81) The Due Process Clause of the ________ Amendment applies to federal government action.

Answer:  Fifth

Diff: 1

Skill:  Legal Concepts

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Analytical thinking

Classification:  Concept

 

 

82) The ________ Clause prohibits states from enacting laws that unduly discriminate in favor of their residents.

Answer:  Privileges and Immunities

Diff: 1

Skill:  Legal Concepts

LO:  5.5 Explain the doctrines of equal protection and due process.

AACSB:  Analytical thinking

Classification:  Concept

 

 

 

------

Free Business Ethics Resources

1. See full list of videos: 

Link 1 - Youtube channel www.youtube.com/ecomftu2012

Link 2 - Youtube channel 

2. Free Business Ethics - 2016 Ebooks (free download)

Legal Environment of Business: Online Commerce, Ethics, and Global Issues, 8th Edition, 2016, Henry R. Cheeseman

REVEL for Ethics and the Conduct of Business -- Access Card, 8th Edition, 2016, John R Boatright, Jeffery D. Smith

Business Ethics: Concepts and Cases, 7th Edition, 2012, Manuel G. Velasquez, Santa Clara University

 

3. Link to power point slides (Free Download)

REVEL for Ethics and the Conduct of Business -- Access Card, 8th Edition, 2016, John R Boatright, Jeffery D. Smith

LINK DOWNLOAD FREE PPT - LINK

Legal Environment of Business: Online Commerce, Ethics, and Global Issues, 8th Edition, 2016, Henry R. Cheeseman

LINK DOWNLOAD FREE PPT - LINK

Business Ethics: Concepts and Cases, 7th Edition, 2012, Manuel G. Velasquez, Santa Clara University

4. Test Bank - Free download

Legal Environment of Business: Online Commerce, Ethics, and Global Issues, 8th Edition, 2016, Henry R. Cheeseman

Link - Test bank - free download 

REVEL for Ethics and the Conduct of Business -- Access Card, 8th Edition, 2016, John R Boatright, Jeffery D. Smith

Link - Test bank - free download

 

For Test Bankz, Quiz Answers and Case study Guides, email to: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Good Luck and Success, Enjoy Your Study !

 

----------

 

       

 

Business Ethics 2016, Lecture, Video, Case Study Guides and Quiz, Test Bank, Free Download
------
Revel for Ethics and the Conduct of Business, 8th Edition, 2016, John R Boatright, Jeffery D. Smith
Legal Environment of Business: Online Commerce, Ethics, and Global Issues, 8th Edition, 2016, Henry R. Cheeseman
Business Ethics: Concepts and Cases, 7th Edition, 2012, Manuel G. Velasquez, Santa Clara University

------
1. Ethics in the World of Business
2. Ethical Decision Making
3. Ethical Theories
4. Whistle-Blowing
5. Business Information and Conflict of Interest
6. Privacy
7. Discrimination and Affirmative Action
8. Employment Rights
9. Health and Safety
10. Marketing and Advertising
11. Ethics in Finance
12. Corporate Social Responsibility
13. Governance, Accountability, and Compliance
14. International Business Ethics
------
Part I: Legal and Ethical Environment

1. Legal Heritage and the Digital Age
2. Ethics and Social Responsibility of Business
3. Courts, Jurisdiction, and Administrative Law
4. Judicial, Alternative, and E-Dispute Resolution

Part II: Constitution and Public Law
5. Constitutional Law for Business and E-Commerce
6. Torts and Strict Liability
7. Criminal Law and Cyber Crimes
8. Intellectual Property and Cyber Piracy

Part III: Contracts, Commercial Law, and E-Commerce
9. Formation and Requirements of Contracts
10. Performance and Breach of Contracts
11. Digital Law and E-Commerce
12. UCC Sales Contracts, Leases, and Warranties
13. Credit, Secured Transactions, and Bankruptcy

Part IV: Business Organizations, Corporate Governance, and Investor Protection
14. Small Business, General Partnerships, and Limited Partnerships
15. Limited Liability Companies, Limited Liability Partnerships, and Special Forms of Business
16. Corporations and Corporate Governance
17. Investor Protection and E-Securities Transactions

Part V: Agency, Employment, and Labor Law
18. Agency Law
19. Equal Opportunity in Employment
20. Employment Law and Worker Protection
21. Labor Law and Immigration Law

Part VI: Government Regulation
22. Antitrust Law and Unfair Trade Practices
23. Consumer Protection
24. Environmental Protection
25. Real Property and Land Use Regulation

Part VII: Global Environment
26. International and World Trade Law

Part VIII: Accounting Profession
27. Accountants’ Duties and Liability
------
PART ONE Basic Principles

Chapter 1 Ethics and Business
Introduction
1.1 The Nature of Business Ethics
ON THE EDGE: Was National Semiconductor Morally Responsible?
1.2 Ethical Issues in Business
ON THE EDGE: A Traditional Business
1.3 Moral Responsibility and Blame
ON THE EDGE: WorldCom’s Whistleblower
ON THE EDGE: Gun Manufacturers and Responsibility
CASES FOR DISCUSSION
Slavery in the Chocolate Industry
Aaron Beam and the HealthSouth Fraud

Chapter 2 Ethical Principles in Business
Introduction
2.1 Utilitarianism: Weighing Social Costs and Benefits
2.2 Rights and Duties
ON THE EDGE: Should Companies Dump Their Wastes In Poor Countries?
ON THE EDGE: Working for Eli Lilly & Company
ON THE EDGE: Conflict Diamonds
ON THE EDGE: ExxonMobil, Amerada Hess, and Marathon Oil in Equatorial Guinea
CASES FOR DISCUSSION
Traidos Bank and Roche’s Drug Trials in China

PART TWO The Market and Business

Chapter 3 The Business System: Government, Markets, and International Trade
Introduction
3.1 Free Markets and Rights: John Locke
3.2 Free Markets and Utility: Adam Smith
3.3 Free Trade and Utility: David Ricardo
3.4 Marx and Justice: Criticizing Markets and Free Trade
ON THE EDGE: Commodification or How Free Should Free Markets Be?
ON THE EDGE: Marx’s Children
3.5 Conclusion: The Mixed Economy, the New Property, and the End of Marxism
ON THE EDGE: Napster’s Lost Revolution
ON THE EDGE: Brian’s Franchise
CASES FOR DISCUSSION
The GM Bailout Accolade versus Sega

Chapter 4 Ethics in the Marketplace
Introduction
4.1 Perfect Competition
4.2 Monopoly Competition
ON THE EDGE: Drug Company Monopolies and Profits
4.3 Oligopolistic Competition
4.4 Oligopolies and Public Policy
ON THE EDGE: Fixing the Computer Memory Market
ON THE EDGE: Oracle and Peoplesoft
CASES FOR DISCUSSION
Intel’s “Rebates” and Other Ways It “Helped” Customers
Archer Daniels Midland and the Friendly Competitors

PART THREE Business and Its External Exchanges: Ecology and Consumers

Chapter 5 Ethics and the Environment
Introduction
5.1 The Dimensions of Pollution and Resource Depletion
5.2 The Ethics of Pollution Control
5.3 The Ethics of Conserving Depletable Resources
ON THE EDGE: Ford’s Toxic Wastes
ON THE EDGE: The Auto Companies in China
ON THE EDGE: Exporting Poison
CASES FOR DISCUSSION
The Ok Tedi Copper Mine
Gas or Grouse?

Chapter 6 The Ethics of Consumer Production and Marketing
Introduction
6.1 Markets and Consumer Protection
6.2 The Contract View of Business Firm’s Duties to Consumers
6.3 The Due Care Theory
ON THE EDGE: The Tobacco Companies and Product Safety
6.4 The Social Costs View of the Manufacturer’s Duties
ON THE EDGE: Selling Personalized Genetics
6.5 Advertising Ethics
ON THE EDGE: Advertising Death to Kids?
ON THE EDGE: New Balance and the “Made in USA” Label
6.6 Consumer Privacy
CASES FOR DISCUSSION
Becton Dickinson and Needle Sticks
Reducing Debts at Credit Solutions of America

PART FOUR Business and Its Internal Constituencies

Chapter 7 The Ethics of Job Discrimination
Introduction
7.1 Job Discrimination: Its Nature
ON THE EDGE: Helping Patients at Plainfield Healthcare Center
7.2 Discrimination: Its Extent
7.3 DISCRIMINATION: UTILITY, RIGHTS, AND JUSTICE
7.4 Affirmative Action
ON THE EDGE: Driving for Old Dominion
ON THE EDGE: Peter Oiler and Winn-Dixie Stores
CASES FOR DISCUSSION
Should Kroger pay now for what a Ralphs’ Employee did in the Past
Wal-Mart’s Women

Chapter 8 Ethics and the Employee
Introduction
8.1 The Rational Organization
8.2 The Political Organization
8.3 The Caring Organization
ON THE EDGE: HP’s Secrets and Oracle’s New Hire
ON THE EDGE: Insider Trading or: What Are Friends For?
ON THE EDGE: Delivering Pizza
ON THE EDGE: Sergeant Quon’s Text Messages
ON THE EDGE: Employment at Will at Howmet Corporation?
CASES FOR DISCUSSION
Death at Massey Energy Company
Who Should Pay?
------
key words
Ethics,
Ethical Decision Making,
Ethical Theories,
Whistle-Blowing,
Conflict of Interest,
Privacy,
Discrimination, Affirmative Action,
Employment Rights,
Health and Safety,
Ethics in Finance,
Corporate Social Responsibility,
Governance, Accountability, Compliance,
International Business Ethics,

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