Business Its Legal Ethical and Global Environment 10th Edition by by Marianne M. Jennings - Test Bank Instant Download - Complete Test Bank With Answers Sample Questions Are Posted Below 1. Article I of the U.S. Constitution establishes the executive branch of government. a. True b. False ANSWER: False …
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Business Its Legal Ethical and Global Environment 10th Edition by by Marianne M. Jennings – Test Bank
Instant Download – Complete Test Bank With Answers
Sample Questions Are Posted Below
1. Article I of the U.S. Constitution establishes the executive branch of government.
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2. Article III of the U.S. Constitution establishes the judicial branch of government.
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3. The executive branch of the federal government has no enforcement authority.
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4. The Bill of Rights contains the Commerce Clause.
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5. The Bill of Rights covers freedom of speech.
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6. The Commerce Clause authorizes Congress to regulate interstate and international commerce.
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7. If the underlying activity Congress attempts to regulate is not economic in nature, authority for such regulation is not part of the Commerce Clause.
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8. The Supreme Court uses the direct and immediate effect test in reviewing congressional regulation of interstate commerce.
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9. States can never regulate interstate commerce.
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10. State regulation of commerce is controlled by both the commerce and supremacy clauses.
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11. One state can impose a tax on a corporation’s property if the corporation does any business in the state.
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12. A state cannot tax catalogue sales made to residents in the state from firms located outside the state.
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13. In supremacy clause cases, legislative intent of Congress is examined.
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14. In supremacy clause cases, the pervasiveness of the regulatory scheme is examined.
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15. The states’ police powers are subject to a balancing test.
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16. During President Obama’s State of the Union address in 2009, Justice Alito was captured on camera visibly disagreeing with the President about the outcome of the Citizens United case.
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17. Corporate political speech is afforded the same First Amendment protection as individual political speech.
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18. The Fifth and Fourteenth Amendments provide procedural due process protections for corporations and individuals.
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19. An unconstitutionally vague statute cannot be a basis for criminal prosecution.
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20. Substantive due process is the same as procedural due process.
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21. The First Amendment does not cover corporate ads on ballot propositions.
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22. Corporate political speech enjoys less First Amendment protection than individual political speech.
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23. Procedural due process rights exist in administrative, civil, and criminal proceedings.
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24. A state law that covers all businesses cannot give in-state businesses an advantage over out-of-state businesses.
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25. Advertising by professionals is permitted because of First Amendment protections.
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26. Corporations cannot make political contributions because of First Amendment constraints.
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27. The U.S. Supreme Court has always found interstate commerce is involved regardless of how small the business or its impact.
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28. The U.S. Supreme Court has prohibited regulation of advertising by professionals.
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29. Chief Justice Roberts not only clerked for former Chief Justice Rehnquist but also succeeded him as Chief Justice of the Supreme Court.
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30. The Ollie’s Barbeque case and the Morrison case have nothing in common legally because one involved interstate commerce and the other case involved intrastate commerce.
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31. The First Amendment prohibits state regulation of false advertising.
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32. To be constitutional, federal statutes regulating commerce within a state must involve some economic activity.
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33. There are no limitations on what constitutes an effect on interstate commerce for purposes of constitutionality of a federal statute.
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34. Federal regulation of the Internet is unconstitutional under the Commerce Clause.
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35. California cannot impose taxes on a corporation that is incorporated in Arizona and doing business in California and thirty-two other states.
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36. A statute that requires only out-of-state milk companies to undergo additional testing for their products is unconstitutional.
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37. So called “soft money” donations are protected under the First Amendment.
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38. The Fifth Amendment and Fourteenth Amendment are the “due process” amendments.
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39. Citizens United involves the genesis of the sub-prime loan scandals.
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40. McCain-Feingold refers to the Bipartisan Campaign Reform Act of 2002.
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41. The Nike dispute dealt with the right of a company to publish editorials and letters to the editor in its defense.
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42. States have authority over international commerce that comes within their borders and can circumvent U.S. treaties.
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43. Taxes on sales across the Internet will be subject to constitutional protections and constraints.
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44. The Internet Tax Freedom Act of 1998 prohibits sales tax on Internet transactions.
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45. The Commerce Clause was the basis for federal authority for passing and enforcing the Civil Rights Act.
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46. In those areas in which federal laws and regulations are extensive and detailed, the likelihood is that the Supremacy Clause precludes state regulation.
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47. A state law that exempts in-state businesses from additional licensing and inspections but that applies to out-of-state businesses is not a proper exercise of police powers.
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48. Requiring farmers shipping goods from outside the state to use only in-state companies for transportation is not a proper exercise of the police power.
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49. Advertising is commercial speech and cannot be limited because of First Amendment protections.
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50. An unconstitutionally vague statute is a violation of substantive due process rights.
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51. Which of the following sections of the U.S. Constitution establishes the judicial branch of government?
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52. Which of the following is currently the test for determining whether conduct is or is not interstate commerce?
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53. The city of Mesa has developed a street improvement plan that will add lanes to one of the major north/south corridors. Because of the addition of the lanes, businesses along the corridor will lose frontage. However, none of the businesses will be required to move. Which of the following statements is true?
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54. The Supremacy Clause:
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55. Which of the following is not a requirement for a valid state tax?
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56. The state of Montana, in response to “outsiders” controlling ranch properties, has passed a statute that requires 6 months of residency before an individual can purchase 40 or more acres of land. The statute is:
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57. Which of the following is not a relevant issue examined in a preemption issue?
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58. The police power of the states:
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59. The balancing test:
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60. The First Amendment:
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61. In administrative proceedings, procedural due process requires:
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62. Advertising by lawyers:
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63. Corporate political speech:
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64. A new statute passed by the state of Vermont prohibits the sale of any maple syrup not produced in Vermont anywhere in Vermont. The legislators maintain that the statute is for the health and welfare of Vermont residents because the state of Vermont regulates producers to ensure quality and sanitation standards. The new statute is:
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65. Which of the following is not part of the amendments to the U.S. Constitution?
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66. The Bellotti doctrine gives corporations:
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67. Which of the following is not a right protected in the Bill of Rights?
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68. Which two amendments to the U.S. Constitution provide for equal protection?
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69. Under the Commerce Clause, the authority to regulate foreign commerce is given to:
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70. Police power is:
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71. Which justice was seen on camera disagreeing with President Obama during his State of the Union address in 2009?
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72. The state of Arizona has just passed a mandatory seat belt law that will require anyone traveling in Arizona to put on his/her seat belt. Several travelers from other states that do not have such seat belt laws have brought suit challenging the constitutionality of the Arizona law as an undue burden on interstate commerce. What test will the court apply in reviewing the statute?
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73. What authority would the state of Arizona claim for passing a mandatory seat belt law requiring anyone traveling in Arizona to put on his/her seat belt?
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74. Spiegel, Inc., has a catalog merchandise return facility in Nevada. Spiegel employs many phone operators for processing return requests, and merchandise is returned to the facility and stored there for later dispatch. The state of Nevada has proposed taxing Spiegel’s full inventory based on the theory that it could have passed through the Nevada facility. Spiegel’s main warehouse is in Chicago, Illinois. Nevada:
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75. The purpose of the Supremacy Clause is to:
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76. Which case ruled that when acting as a private person even the president of the United States is not above the law?
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77. Which of the following actions by a corporation would enjoy full First Amendment protection (i.e., could not be regulated)?
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78. Which of the following would not be a taking for purposes of eminent domain?
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79. The rights of land owners in eminent domain are protected by the:
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80. Substantive due process rights:
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81. The state of Arizona has just passed a law requiring that oranges shipped into the state from growers located outside of the state meet certain minimum size requirements. The size requirements do not apply to oranges grown in Arizona. The new Arizona statute is:
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82. South Dakota is the location for many national banks’ credit card operations. How much income tax could the state of South Dakota collect on the banks that operate their credit card divisions there?
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83. The state of Wyoming has just passed a law requiring all cars entering the state to be equipped with side air bags. The Wyoming requirement:
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84. Congress passed a law permitting those who were the victims of hate crimes to bring suit in federal district court to recover from the perpetrators of the hate crimes. Such a statute:
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85. Congress passed a law prohibiting any organization from spending money on ads against ballot propositions. The legislative history shows that Congress found that organizations spend far too much money on these ads and regular citizens’ voices cannot be heard and disseminated against such powerful communication. The statute:
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86. Which of the following pairs is incorrect?
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87. Where in the U.S. Constitution are the provisions governing a student’s right to a hearing prior to suspension from school?
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88. A company is incorporated in Pennsylvania and has offices in Michigan, Ohio, West Virginia and Indiana. Which states may tax the business?
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89. For state regulation of interstate commerce to be constitutional:
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90. LL Bean has warehouse facilities in Maine, Nevada, Washington, Idaho, Utah, and North Dakota.
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91. Son-of-Sam laws:
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92. The Bipartisan Campaign Reform Act:
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93. The Bipartisan Campaign Reform Act is more commonly referred to as the _____ law.
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94. Which of the following areas has Congress preempted?
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95. Which areas of commercial speech are fully and constitutionally regulated?
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96. Jamie has been accused of plagiarizing his sociology term paper from an Internet site. His professor has given him a failing grade and there is no right to a hearing or an appeal. Jamie asks, “What rights do I have?”
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97. Which of the following qualifies as a presence in a state for purposes of collecting sales tax from an Internet merchant?
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98. In which of the following areas of constitutional law is the balancing test used?
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99. In which of the following areas of constitutional law is the nexus test used?
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100. State and local governments can exercise eminent domain under the Kelo decision:
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101. Contributions to PACs are protected by:
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102. Janis Hoffman was involved in a tailgate brawl that took place in the parking lot of State U just prior to one of State’s football games. Janis and others have charges pending with the county attorney. State U has filed charges against Janis and the others for violation of State U’s code of conduct that prohibits disorderly conduct on university property. She has been suspended for a semester. When she requested a hearing she was told that the charges by the county were sufficient proof for her university misconduct charges.
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103. The State of Louisiana’s Sunday closing law provides that “all stores, shops, saloons, and all places of public business, licensed under the law of Louisiana or under any parochial or municipal law, shall be closed on Sunday.” The statute had 25 exemptions including drug stores, hotels, restaurants, theaters, the 1984 Exposition, and stores occupying a space of 1,500 square feet or less. Home Depot wishes to challenge the closing law on its constitutionality. What constitutional provisions would apply?
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104. The city of Renton, Washington, has passed an ordinance that prohibits adult motion picture theaters from locating within 1,000 feet of any residential zone, single- or multiple-family dwelling, church, park, or school. Several businesses have brought suit challenging the constitutionality of the ordinance. What would be the basis for such a suit? Discuss possible results.
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105. Trailer-on-flatcar (TOFC or “piggyback”) service is a form of mixed train and truck transportation that enables a carrier to transport a trailer and its contents over rail on a flatcar and then to haul the trailer on the highway. The shipment remains within the trailer during the entire journey. The Interstate Commerce Commission (ICC) prohibits states from regulating this mode of shipment since the ICC has extensive regulations in the rail and interstate trucking industry. Discuss the constitutional implications of this decision.
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106. The Lake Nixon Club near Little Rock, Arkansas, had a racial restriction on the use of its 232-acre amusement area, which included areas for swimming, boating, sunbathing, picnicking, miniature golf, and snack bars. Discuss how an interstate commerce connection might be found so that the federal civil rights act could be used to invalidate the restriction.
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107. Discuss the ruling and the importance of Citizens United.
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108. The state of Arizona follows a merit review process of proposed securities offerings. The Securities Division reviews proposed offerings to look for problems with fraud. This review is done in addition to the SEC review at the federal level. The state regulators have recently issued an interpretation that provides the state can stop all stock offerings of any firms doing business in Arizona – even if the stock will not be sold to Arizona residents. Can the regulators constitutionally exercise this power?
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109. The state of Arizona has passed a tax reform bill that taxes property owners at a specified rate with the exception of mines and utilities. Both mines and utilities are assigned a higher rate of tax for their properties. A state legislator commented on the bill, “In some of these small towns, without the higher rate of taxation for mines and utilities, the schools in these towns would suffer because the property is worth nothing and there are no property tax dollars coming in. We have to tax these area’s wealthiest citizens at a different rate and those citizens happen to be the mining companies and the public utilities.” Is the tax constitutional?
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110. The state of Arizona has passed a law requiring state agencies to conduct their business with the public in both Spanish and English. A voters’ referendum repealed the law and several citizens’ groups brought suit challenging the referendum as a violation of their U.S. Constitutional rights. What would be the basis of their suit?
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| 111. Match the following with the correct letter: (1) Article III (2) Fifth Amendment (3) First Amendment (4) Fourteenth Amendment
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112. Explain why a federal statute that permits federal suits against defendants who have committed crimes against women is unconstitutional while civil rights laws are considered constitutional.
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113. Analyze and discuss why the top corporate and trade PACs are the top political contributors.
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| 114. Bailey’s Brake Service, a bit of an eyesore at a main intersection near the faltering downtown area of Mesa, Arizona, was a family-founded, owned and operated business that had been open in its existing location since 1970. Lenhardt’s True Value Hardware store was also a longstanding Mesa business with a location south and east of Bailey’s and a desire for a better location as well as a professed desire to revitalize Mesa’s downtown area. The Lenhardts had purchased the property abutting Bailey’s but felt that the street-facing Bailey’s property was necessary for its location, location, location.
The city fathers and mothers were in favor of condemnation of the Bailey use, a taking by eminent domain, followed by a “reissuing” of the once Bailey property to Lenhardt’s for its construction of a new and much less eyesoreish retail establishment on the site: Randy Bailey challenged the taking of his business as unconstitutional. Discuss the issues in his case and challenge to the city’s taking by eminent domain.
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115. A federal statute makes it a felony to engage in any commercial act involving the “cruelty, wounding, or killing” of an animal or depicting anything being to an animal that is prohibited by law. Robert Stevens ran a website that sold films of dog fighting, many of which were films done in Japan where such activity is not illegal. He was convicted of violating the federal statute. Stevens appealed his case on the grounds that his First Amendment rights were violated because the statute was overly broad. What theory of constitutional law would Stevens be using in his appeal?
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116. Karen Bartlett was given a generic version of Sulindac, an anti-inflammatory drug. The result was that she developed toxic epidermal necrolysis, a disease that disfigured and blinded her. She brought suit alleging that there were warnings that should have been put on the generic version of the drug because issues with the skin infections were being reported. However, the manufacturer to Sulindac did not have FDA approval to place the warning on the product. The jury awarded Ms. Bartlett $21 million, and the generic manufacturer appealed the decision. Which of the following theories would be the best approach for the generic manufacturer to take in order to have the verdict reversed?
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117. Jane Stevenson was removed as head cheerleader from her high school cheer squad because she violated one of the school rules by drinking alcohol on the team bus as the team and cheer squad traveled to an away game. Jane feels she has an explanation and defense for what happened. Which of the Constitution might provide her with a review of her dismissal as head cheerleader?
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118. Which of the following enjoy full First Amendment protections?
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