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Business Law 316 Chapter 5


Question 11 pts

A woman wishes to attend an all-male, publicly supported college. She claims the college is violating the Equal Protection Clause of the Constitution. What level of scrutiny will the court use when deciding this case?

Strict scrutiny
Minimal scrutiny


Compelling interest scrutiny
Intermediate scrutiny


Question 21 pts

Lori and her friends burn an American flag as an act of political protest. Lori is arrested for violating a state law that prohibits flag burning. The Supreme Court has ruled that laws making it illegal to burn an American flag:

are void because a state court has no power to prosecute a person for burning the federal flag.
are void because they violate a person’s right to freedom of speech.


are valid.
are void because they deny a person due process rights.


Question 31 pts

Generally, constitutional protections do NOT apply to:

acts of state government.
acts of administrative agencies.


acts of privately owned businesses.
acts of the federal government.


Question 41 pts

Judicial review can best be described as the power of federal courts to:

review state executive action.
none of the above.


review state court decisions.
review state and federal legislative and executive action.


Question 51 pts

Which of the following is a fundamental right, subject to strict scrutiny?

running any business you desire.
freedom to speak out anywhere, about any subject.


traveling freely within the United States.
driving a car, no matter what your past record is.


Question 61 pts

Smalltown, located in a border state, seemed to favor Caucasians over Latinos in their hiring practices. The courts will review the practice using:

minimal scrutiny.
intermediate scrutiny.


Supremacy Clause scrutiny.
strict scrutiny.


Question 71 pts

Thompson raised 80 acres of corn, most of which he used to feed his own cattle. He locally sold what he did not use. Based on the Supreme Court’s ruling in Wickard v. Filburn:

only Thompson’s local government can regulate his farming activity.
Congress has no authority over Thompson’s activity based on the negative aspect of the Commerce Clause.


only Thompson’s state and local governments can regulate his farming activity.
Congress may regulate Thompson’s farming activity because it has a substantial economic effect on interstate commerce.


Question 81 pts

The Bill of Rights refers to:

a grouping of individual rights set forth by the United States Supreme Court shortly after the Constitution was ratified by the states.
a specific listing of individual rights found in the original text of the Constitution.


the first ten amendments to the Constitution.
the inalienable rights found at the beginning of the Constitution.


Question 91 pts

The primary source of federal power to regulate business is the:

Commerce Clause.
Privilege and Immunities Clause.


Contract Clause.
Supremacy Clause.


Question 101 pts

If there is a conflict between a state and federal law, the federal law will prevail because of the:

Supremacy Clause.
Interstate Commerce Clause.


paramount doctrine.
federalism doctrine.

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