test 1

1.

2 points

The U.S. Food Safety and Inspection Service conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in

all industries.

highly regulated industries.

no industries.

newly regulated industries only.

2.

2 points

These two provisions of the US Constitution have had the most impact on business.

The 28th Amendment and Congress' power to coin money.

The interstate commerce clause and the 16th Amendment

The necessary and proper clause and the take care clause

The general welfare clause and the Takings Clause

3.

2 points

The sanctions imposed on criminal wrongdoers are the same as those applied in civil cases.

True

False

4.

2 points

A court of appeals does not hear any evidence.

True

False

5.

2 points

Savers Mart, Inc., distributes its merchandise on an interstate basis. Under the commerce clause, Congress has the power to regulate

any commercial activity in the United States.

only activities that are in intrastate commerce.

only activities that are in local commerce.

none of the choices.

6.

2 points

If a person in custody is to be subjected to interrogation, he or she must first be informed in clear and unequivocal terms that he or she has the right to remain silent.

True

False

7.

2 points

Under the Fourth Amendment, general searches through a person's belongings are permissible.

True

False

8.

2 points

In a criminal case, the state must prove its case by a preponderance of the evidence.

True

False

9.

2 points

Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest

and goes no further than necessary to achieve its purpose.

without regard to how "far" it goes.

and the parties affected by it can elect how "far" to go in applying it.

and goes further than necessary to ensure full coverage.

10.

2 points

For most crimes, the state must initiate prosecution within a certain number of years after the crime occurs.

True

False

11.

2 points

Warrants are required to conduct administrative searches in all highly regulated industries.

True

False

12.

2 points

Lewis wants to file a suit against Mikayla. Before any court can hear the case

the parties to the dispute must agree.

the court must have jurisdiction.

the court must issue a deposition.

the parties must own property.

13.

2 points

The Bill of Rights protects individuals, but not business entities, against various types of interference by the government.

True

False

14.

2 points

Jon, a law enforcement official, monitors Kelsey's Internet activities—e-mail and Web site visits—to gain access to her personal financial data and student information. This may violate Kelsey's right to

equal protection of the law.

privacy.

procedural due process.

substantive due process.

15.

2 points

Lorena files a suit against Milton. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party suggests or proposes a resolution, which the parties may or may not decide to adopt. This is

arbitration.

mediation.

negotiation.

not a legitimate form of dispute resolution.

16.

2 points

Mariah creates a t-shirt design that expresses support for Nathan, a presidential candidate, and distributes t-shirts imprinted with the design to her friends. The t-shirts are an example of

unprotected speech.

controlled speech.

symbolic speech.

illegal speech.

17.

2 points

Klay arrests Leonida on suspicion of embezzlement. According to the United States Supreme Court in Case 7.3, Miranda v. Arizona, Leonida must be apprised of certain constitutional rights

after any police interrogation.

at any time during police interrogation.

only at the request of the suspect's attorney.

prior to any police interrogation.

18.

2 points

Most states do not enforce agreements to arbitrate disputes between private parties.

True

False

19.

2 points

Many of the rights contained in the Bill of Rights now apply as restrictions against the states because of "incorporation" through the 14th Amendment.

True

False

20.

2 points

The only defense to criminal liability that justifies the use of force is self-defense.

True

False

21.

2 points

A decision by the federal Environmental Protection Agency (EPA) on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation, under the supremacy clause,

both the decision and the law are invalid.

both the decision and the law apply concurrently.

California's law takes precedence.

the EPA's decision takes precedence.

22.

2 points

In Hazel's suit against Ingrid, the court issues a judgment in Ingrid's favor. If the case is appealed to an appropriate court of appeals, the appellate court will hear

all of the evidence.

most of the evidence.

none of the evidence.

select pieces of evidence.

23.

2 points

Keralyn creates a Web site to post threatening messages about celebrities. The First Amendment protects such speech

all of the time.

none of the time.

only if it is noncommercial.

only if it is symbolic.

24.

2 points

Oklahoma enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Price-Lo Mart files a suit to block the law's enforcement. The court would likely hold that this law violates

no clause in the U.S. Constitution.

the establishment clause.

the free exercise clause.

the supremacy clause.

25.

2 points

Jenna files a civil suit against Keshia. To succeed, Jenna must prove her case

beyond a reasonable doubt.

by a preponderance of the evidence.

by indisputable proof.

to the extent promised in her attorney's opening statement.

26.

2 points

HoneyBee Foods, Inc., in Illinois, and Jelly Roll Pastries, in Kentucky consent to have their dispute resolved in arbitration according to the law of Illinois. This is a ground for a court to

compel arbitration.

review the merits of the dispute.

review the sufficiency of the evidence.

set aside any award.

27.

2 points

A Maryland state court can exercise jurisdiction over National Insurance Corporation, an out-of-state company, if the firm has

minimum contacts with the state.

maximum contacts with the state.

medium contacts with the state.

no contacts with the state.

28.

2 points

If a police officer asks you a question, you are required to answer.

True

False

29.

2 points

When the meaning of a statute's language is unclear and an agency interprets it, a court need not follow the interpretation even if it is reasonable.

True

False

30.

2 points

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

True

False

31.

2 points

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry its expressly designated powers. Under the Tenth Amendment, all other powers are expressly reserved to

none of the choices.

the states.

the national government.

the people.

32.

2 points

Milo files a suit against Otis. At the trial, each party's attorney presents the party's case before a judge who hears the dispute and renders a legally binding decision. This is

a mini-trial.

a summary jury trial.

litigation.

not a legitimate form of dispute resolution.

33.

2 points

Armando is a witness in a controversy involving the U.S. Bureau of Tobacco and Firearms. Armando can be compelled to appear before an administrative law judge if he is served with

an order for specific performance.

an executive order.

a subpoena.

a search warrant.

34.

2 points

Under the U.S. Constitution, the judicial branch interprets the laws.

True

False

35.

2 points

Marcus files a suit against Naomi in an Ohio state court. Naomi's only connection to Ohio is an ad on the Web originating in Pennsylvania. For Ohio to exercise jurisdiction, the issue is whether Naomi, through her ad, has

a commercial cyber presence in Ohio.

conducted substantial business with Ohio residents.

claimed to be a resident of Ohio.

solicited virtual business in Ohio.

36.

2 points

Litigation is the process of resolving a dispute through the court system.

True

False

37.

2 points

The exclusionary rule, when evidence is excluded from trial because it was discovered in violation of the 4th, 5th or 6th Amendment, is a rule found in the text of the US Constitution.

True

False

38.

2 points

Unlike statutes, administrative regulations do not have a binding effect.

True

False

39.

2 points

Skip is accused of a crime. Skip can refuse to provide information about his allegedly criminal activities

if he suspects the information will be used to prosecute him.

if the police do not promise to keep the information confidential.

if the information is "fruit of the poisonous tree."

under no circumstances.

40.

2 points

Reno, driving while intoxicated, causes a car accident that results in the death of Santo. Reno is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for

any period of time.

more than one year.

more than six months.

more than ten days.

41.

2 points

An arbitrator's award may be set aside if the arbitrator accepted a bribe.

True

False

42.

2 points

A subpoena for documents arrives at your business office demanding certain business documents (some that potentially incriminate you) be turned over.

You can withhold the incriminating documents based on your privilege against self-incrimination.

You do not have a privilege against self incrimination in this matter and must turn the documents over.

A business is not required to respond to a subpoena.

You should post a copy of the subpoena on Facebook

43.

2 points

One element that normally must exist for a person to be convicted of a crime is the performance of a prohibited act.

True

False

44.

2 points

Under the authority of a long arm statute, a court can exercise personal jurisdiction over certain out-of-state defendants.

True

False

45.

2 points

Under the supremacy clause, a valid federal statute or regulation will take precedence over a conflicting state or local law or regulation on the same general subject.

True

False

46.

2 points

Fresh Harvest Company, which is based on Georgia, packages and sells vegetables. Hayden, who is a resident of Indiana, buys a Fresh Harvest product, eats it, and suffers severe food poisoning. Hayden wants to file a suit against Fresh Harvest. The diversity of citizenship between these parties means that

federal and state courts have concurrent jurisdiction.

federal courts have exclusive jurisdiction.

no court has jurisdiction.

state courts have exclusive jurisdiction.

47.

2 points

A law that prohibits or inhibits only some persons from exercising a fundamental right will be subject to "strict scrutiny" by the courts.

True

False

48.

2 points

The crime of theft requires only the taking of another person's property, not the awareness that the property belongs to another.

True

False

49.

2 points

The minimum-contacts requirement is usually met if a corporation advertises or sells its products within a state.

True

False

50.

2 points

In an effort to reduce traffic, Bay City enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of

the commerce clause.

the equal protection clause.

the due process clause.

the First Amendment.