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LES 305 Exam 1 Questions And Correct Answers
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LES 305 Exam 1 Questions And CorrectAnswers
Your companies response in the media to allegations of illegal or unethical conduct
raises which constitutional issue?
A. Issues of due process
B. Commerce clause issues and the authority of the United States to regulate business
C. The authority of the legislative branch to regulate foreign labor practices
D. The First Amendment and freedom of speech - Answer The First Amendment and
freedom of speech
(This relates to commercial speech, which is partially protected under the First
Amendment.)
Why was the Violence Against Women Act (VAWA) declared to be unconstitutional?
A. VAWA was unconstitutional because Congress can regulate only economic activities,
not non-economic activities that have an effect on interstate commerce
B. VAWA was declared unconstitutional because defendants under the act were not given
their due process rights under the Fourteenth Amendment
C. VAWA was declared unconstitutional under the Equal Protection Clause because men
were not also protected against violence under the statute
D. VAWA was declared unconstitutional because under the Supremacy Clause, states
control all issues related to crimes - Answer VAWA was unconstitutional because
Congress can regulate only economic activities, not non-economic activities that have an
effect on interstate commerce
(The VAWA case involved a commerce clause question because Congress was affording
a remedy on an issue that had always been non-economic and regulated by individual
states.)
,What is police power?
A. The police power is the authority of states to pass laws that promote public health and
welfare
B. The police power is covered under the Fourth Amendment and is the authority to
search private property
C. The police power is the authority to take private property under eminent domain
D. The police power does not exist under the U.S. Constitution because the U.S.
Constitution creates three branches of government, none of which are the police -
Answer The police power is the authority of states to pass laws that promote public
health and welfare
(The police power is the power to pass laws on food safety, road safety, and public health
and many other areas designed to keep society safe and healthy.)
The sufficient nexus test is used?
A. To determine whether a business operating within a state can be taxed by that state
and how much of its property and income is subject to taxation
B. To determine whether a business can be required to appear in a state court and defend
itself against a law suit brought against it in that state
C. To determine when Congress can regulate business activity by deciding whether there
is a sufficient nexus to interstate commerce
D. To determine whether the Supremacy Clause applies to a particular law when there is a
state law in conflict - Answer To determine whether a business operating within a state
can be taxed by that state and how much of its property and income is subject to taxation
(The sufficient nexus test is the test for taxation. States cannot overreach in their taxation
of businesses that really do not have enough of a presence in the state to justify taking
even a portion of their revenue as subject to tax.)
The doctrine of preemption goes with which clause in the U.S. Constitution?
A. The Supremacy Clause
B. The Commerce Clause
, C. The Due Process Clause
D. The Equal Protection Clause - Answer The Supremacy Clause
(The Supremacy Clause provides that if Congress has so regulated an area so
extensively, then states cannot step in and also regulate -- they are preempted from
regulation. The Honda case is an example of state tort laws being preempted by federal
auto safety standards and regulations.)
You are the CEO of a telemarketing company. One of your employees posts political ads
in his cubicle. The company has a policy prohibiting this practice. The employee believes
that you are violating his First Amendment rights. He is
A. correct, since you are interfering with his exercise of political speech.
B. correct, since you are interfering with his exercise of commercial speech.
C. incorrect, since you are interfering with his exercise of dangerous speech.
D. incorrect, because your firm is not a governmental entity - Answer incorrect, because
your firm is not a governmental entity
(Right. You have Constitutional rights when the government is taking action against you.)
What are the constitutional requirements for a city to take private property from a citizen?
A. There must be a public purpose and just compensation.
B. The city must need the land for a road or government building.
C. The city must be able to show that the land under its use will generate more tax
dollars.
D. The city must be able to show that it cannot afford to buy the property. - Answer There
must be a public purpose and just compensation.
(Eminent domain has been an issue of much discussion over the past year because of
some controversial decisions on what was a public purpose. When the land was taken for
the purposes of building a shopping center to encourage economic development, land
owners filed suit contending that the public purpose requirement did not allow taking
private property from one owner and transferring it to another private owner.)
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