~ This is questions for a Business Law Class there isnt a subject dedicated for
ID: 430175 • Letter: #
Question
~ This is questions for a Business Law Class there isnt a subject dedicated for that subject
Congress can enact legislation that will expressly preempt state laws.
True or False
The supremacy clause gives the states the authority to legislate to promote the health, safety, and welfare of their citizens.
True or False
The City of Charleston passes an ordinance which makes it impossible for a landowner to use part of his land. However, the City does not actually come onto the landowner's land and occupy it. Under which theory, if any, might the landowner sue the City?
Regulatory takings B) Physical takings C) Either regulator or physical takings D) none of the above
Which of the following components of the Takings Clause is correct?
A taking by the government must take place
The taking must serve a public purpose
The property owner whose property is taken is entitled to just compensation
All of the above
Which of the following statements is NOT true regarding noncommercial speech?
To be protected by the court, noncommercial speech must be true
Restrictions on noncommercial speech must be reviewed under strict scrutiny analysis
Restrictions will be upheld if government can show that the regulation is furthering a compelling government interest
Restrictions will be upheld if the regulation of the least intrusive means is used to promote the governmental interest.
Which of the following statements is NOT true regarding noncommercial speech?
To be protected by the courts, noncommercial speech must be true
Restrictions on noncommercial speech must be reviewed under strict scrutiny analysis
Restrictions will be upheld if the government can show that the regulation is furthering a compelling government interest
Restrictions will be upheld if the regulation of the least intrusive means is used to promote the governmental interest
Which of the following are factors that will be considered in determining the validity of state legislation as it impacts interstate commerce?
The legislation must further a legitimate state interest.
The legislation must not favor local interests against out-of-state interests.
The legislation must not impose costs on interstate commerce that are higher than necessary to achieve the state interests.
All of the above
The First, Fifth, and Fourteenth Amendments to the U.S. Constitution protect against infringements of certain basic rights.
True or False
Legislation that discriminates on the basis of a suspect class will likely be reviewed under rational basis analysis.
True or False
Which of the following is NOT a true statement?
Many government agencies have the authority to issue regulations that have the force of law.
Arbitrary agency decisions may be overturned by the courts
Agency heari
ngs usually involve juries.
Persons who will be affected by agency actions should be given advance notice of agency proceedings and the opportunity to appear at a hearing.
Which of the following requires that statutes differentiating between similarly situated persons or groups must bear a "rational relationship" to a legitimate state purpose unless the statute involves a "suspect" classification?
The Due Process Clause of the 14th amendment.
The Equal Protection Clause of the 14th amendment.
The commerce clause.
The First Amendment.
Which of the following statements is not true?
The federal government has the exclusive right to regulate foreign commerce in the United States.
Federal legislation may impliedly preempt state laws.
The federal government has the power to regulate intrastate commerce.
Federal legislation may expressly preempt state laws with respect to interstate commerce.
A zoning ordinance is an example of a taking, therefore compensation to the landowner is required
True or False
The First Amendment of the U.S. Constitution gives the highest level of protection to political speech.
True or False
The government must follow substantive due process whenever it interferes with people's economic rights.
True or False
The Federal Government, through its agent the Army Corps of Engineers, constructs Summersville Dam. The dam occasionally floods downstream property, but the downstream property is not always underwater and is usable part of the year. Under which of the following theories, if any, might the downstream landowner sue the federal government?
Regulatory takings
Physical takings
Both regulatory and physical takings
None of the above because there is no takings here.
Which of the following statements is true?
Protection of commercial speech does not require that the speech be truthful.
Commercial speech does not enjoy First Amendment protection.
Misleading advertising enjoys First Amendment protection.
Courts use intermediate scrutiny to analyze commercial speech regulations.
The Commerce Clause of the U.S. Constitution prohibits state legislation that burdens interstate commerce.
True or False
Government regulation of business is a relatively new phenomenon that had its beginnings in the 1930's.
True or False
Which of the following statements is false?
Legislation involving non-fundamental (e.g. property) rights is subject to strict scrutiny.
Legislation that denies people fundamental rights such as the right of free speech is subject to strict scrutiny.
Under strict scrutiny, the government must show that it is achieving a compelling governmental interest in the least intrusive manner.
If the government allows procedural due process in cases involving only economic rights, its actions will be constitutional.
Explanation / Answer
Ans:
1 TRUE 2 FALSE 3 B) Physical takings 4 The taking must serve a public purpose 5 Restrictions will be upheld if the regulation of the least intrusive means is used to promote the governmental interest 6 Restrictions will be upheld if the regulation of the least intrusive means is used to promote the governmental interest 7 The legislation must not favor local interests against out-of-state interests. 8 FALSE 9 FALSE 10 Arbitrary agency decisions may be overturned by the courts 11 The First Amendment. 12 Federal legislation may expressly preempt state laws with respect to interstate commerce. 13 TRUE 14 FALSE 15 TRUE 16 None of the above because there is no takings here. 17 Courts use intermediate scrutiny to analyze commercial speech regulations. 18 TRUE 19 Legislation that denies people fundamental rights such as the right of free speech is subject to strict scrutiny.Related Questions
Navigate
Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.