Question 1

Indiana imposes a one percent property tax on grocery stores built before 1970 and a five percent property tax on grocery stores built after 1970.The different tax rates are probably:

Accepted Answer

A)  unconstitutional;they violate the commerce clause protection of interstate commerce
B)  constitutional;they do not violate the commerce clause protection of interstate commerce
C)  unconstitutional;they violate the right of Congress to regulate interstate and intrastate commerce
D)  unconstitutional;they violate the equal protection clause of the Fourteenth Amendment
E)  none of the other choicesF) A) and B)
G) B) and C)

Question 2

In New York v.Burger,a junkyard owner claimed that a New York statute permitting warrantless searches of junkyards was a violation of the 4th Amendment.The Supreme Court held that the statute was:

Accepted Answer

A)  constitutional because it met the criteria necessary for a warrantless search of a closely regulated business
B)  constitutional because to hold otherwise would leave the Commerce Clause meaningless when regulation is "clearly necessary"
C)  an unconstitutional violation of the Fourth Amendment since the police failed to obtain judicial approval for the searches
D)  an unconstitutional violation of the exclusionary rule
E)  unconstitutional because it was applied in a discriminatory mannerF) None of the above
G) A) and B)

Question 3

Ohio Phone,a regulated company,sends a flyer to customers with their monthly bill.One flyer tells customers that the Ohio Phone Comm.does not let the company charge fair prices and that the quality of phone service will fall.The Commission orders the company to stop sending mailings that discuss these issues,since the customers are forced to pay for the mailings as a part of their service.The Supreme Court is likely to say that such mailings:

Accepted Answer

A)  are constitutional under the First Amendment
B)  are constitutional under the commerce clause--the states may not ban such mailings
C)  may be prohibited under the Constitution because the First Amendment does not protect political speech by regulated companies
D)  may be prohibited under the commerce clause because state regulation of utility monopolies is nearly unlimited
E)  could not be addressed by the U.S.Supreme Court;it is a matter for Ohio lawF) A) and C)
G) B) and E)

Question 4

Amendments to the Constitution must be initiated by the Senate then approved by the President and the Supreme Court.

Accepted Answer

A) True 
 B)False

Question 5

In the case Board of Trustees of the State University of New York v.Fox,the Supreme Court discussed the test for judging commercial-speech regulation.Part of the test is:

Accepted Answer

A)  if the regulation has a "pernicious impact" on speech
B)  based on an inquiry into the intent of the U.S.Congress
C)  if the state has a substantial interest in the regulation balanced by the cost of the restriction
D)  balancing First Amendment rights against the overarching requirements of the Commerce Clause
E)  none of the other choicesF) A) and E)
G) All of the above

Question 6

Braswell v.U.S.involved the sole shareholder of a company who refused to produce company records that were subpoenaed.To protect himself,he successfully invoked the Fifth Amendment rule against self-incrimination.

Accepted Answer

A) True 
 B)False

Question 7

The states do not have the power to limit federal taxes on property owned by citizens in their own states.
National:  AACSB Analytic; AICPA BB-Legal

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is a key issue in Fourth Amendment cases:

Accepted Answer

A)  whether a person has a constitutionally protected reasonable expectation of privacy
B)  whether the defendant had an illegal firearm
C)  whether the principles of frees speech were violated
D)  whether self-defense was warranted under the circumstances
E)  none of the other choices are correctF) A) and B)
G) C) and D)

Question 9

Auto junkyards,which can become chop shops for stolen vehicles and parts,are an example of:

Accepted Answer

A)  a closely regulated business that can be searched without a warrant
B)  a business that may not be searched without a warrant
C)  a closely regulated business that may not be searched without a warrant
D)  a wholesale business
E)  none of the other choicesF) A) and D)
G) A) and E)

Question 10

The Supreme Court struck down a tax imposed by Maryland on a national bank because the tax violated the Supremacy Clause.

Accepted Answer

A) True 
 B)False

Question 11

In Japan Line,Ltd.v.County of Los Angeles,the Supreme Court held that is was constitutional for California to tax foreign commerce,so long as the tax was correctly apportioned.

Accepted Answer

A) True 
 B)False

Question 12

A states may not regulate the airline industry,even if flights come into the state,because Congress has chosen to regulate the industry.

Accepted Answer

A) True 
 B)False

Question 13

The Constitution was amended almost immediately to ensure that there was:

Accepted Answer

A)  adequate protection for individual rights
B)  adequate tax laws
C)  adequate protection for big businesses
D)  adequate protection for small businesses
E)  adequate protection for Supreme Court JusticesF) B) and D)
G) All of the above

Question 14

If there is a product about which consumers are ignorant,such as prescription drugs,the states may prohibit the advertising of such products and their prices.

Accepted Answer

A) True 
 B)False

Question 15

In Pro's Sports Bar & Grill v.City of Country Club Hills in which the City of Country Club Hills did not renew Pro's Sports Bar & Grill's liquor license,the appeals court applied a two-step approach to determine if due process had been violated.The two steps are:

Accepted Answer

A)  to ask whether the plaintiff has been deprived of a protected liberty or property interest and to ask whether the deprivation occurred without due process
B)  to ask whether the plaintiff has been deprived of money and to ask whether the deprivation occurred without equal process
C)  to ask whether the plaintiff has been deprived of a protected liberty or property interest and to ask whether the deprivation occurred without judicial approval
D)  to ask whether the plaintiff voluntarily relinquished a protected liberty or property interest and to ask whether the relinquishment occurred without due process
E)  none of the other choices are correctF) A) and B)
G) B) and D)

Question 16

The Uniform Division of Income for Tax Purposes Act uses which of the following factors to divide a company's income:

Accepted Answer

A)  the percentage of a corporation's nationwide property located in the state
B)  the percentage of a corporation's nationwide sales made to residents of the state
C)  the percentage of a corporation's nationwide payroll paid to residents of the state
D)  all of the other specific choices are correct
E)  none of the other specific choices are correctF) A) and B)
G) None of the above

Question 17

Before being controversially struck down by the Supreme Court in the Citizens United case,the McCain-Feingold Act:

Accepted Answer

A)  allowed political speech by all non-profit corporations
B)  prohibited for-profit and non-profit corporations and unions from broadcasting "electioneering communication"
C)  promoted "electioneering communication" by political parties
D)  prohibited for-profit,but not non-profit,corporations and unions from broadcasting "electioneering communication"
E)  none of the other choices are correctF) A) and C)
G) D) and E)

Question 18

Many restrictions on advertising have been held to violate both the Constitution and the antitrust laws.

Accepted Answer

A) True 
 B)False

Question 19

Port cities in California imposed a property tax on cargo containers used by Japanese ships for loading and unloading cargo.The Supreme Court held the tax:

Accepted Answer

A)  constitutional because it was on foreign-owned property
B)  constitutional because it was imposed the same on all containers,regardless of ownership
C)  unconstitutional interference with states' rights
D)  unconstitutional interference with the exclusive federal taxing power
E)  none of the other choicesF) C) and D)
G) A) and B)

Question 20

Congress passes a law banning racial discrimination at restaurants.One located in a small town does not want to serve African-Americans.The discrimination law will not apply because the business is not in interstate commerce.

Accepted Answer

A) True 
 B)False

Exam 4: The Constitution: Focus on Application to Business

The Uniform Division of Income for Tax Purposes Act uses which of the following factors to divide a company's income:

Correct Answer
verified

Which of the following is a key issue in Fourth Amendment cases:

Correct Answer
verified

In Pro's Sports Bar & Grill v.City of Country Club Hills in which the City of Country Club Hills did not renew Pro's Sports Bar & Grill's liquor license,the appeals court applied a two-step approach to determine if due process had been violated.The two steps are:

Correct Answer
verified

The states do not have the power to limit federal taxes on property owned by citizens in their own states. National: AACSB Analytic; AICPA BB-Legal

Correct Answer
verified

Auto junkyards,which can become chop shops for stolen vehicles and parts,are an example of:

Correct Answer
verified

A states may not regulate the airline industry,even if flights come into the state,because Congress has chosen to regulate the industry.

Correct Answer
verified

Braswell v.U.S.involved the sole shareholder of a company who refused to produce company records that were subpoenaed.To protect himself,he successfully invoked the Fifth Amendment rule against self-incrimination.

Correct Answer
verified

Before being controversially struck down by the Supreme Court in the Citizens United case,the McCain-Feingold Act:

Correct Answer
verified

In New York v.Burger,a junkyard owner claimed that a New York statute permitting warrantless searches of junkyards was a violation of the 4th Amendment.The Supreme Court held that the statute was:

Correct Answer
verified

Port cities in California imposed a property tax on cargo containers used by Japanese ships for loading and unloading cargo.The Supreme Court held the tax:

Correct Answer
verified

Correct Answer
verified

The Constitution was amended almost immediately to ensure that there was:

Correct Answer
verified

The Supreme Court struck down a tax imposed by Maryland on a national bank because the tax violated the Supremacy Clause.

Correct Answer
verified

Indiana imposes a one percent property tax on grocery stores built before 1970 and a five percent property tax on grocery stores built after 1970.The different tax rates are probably:

Correct Answer
verified

Many restrictions on advertising have been held to violate both the Constitution and the antitrust laws.

Correct Answer
verified

If there is a product about which consumers are ignorant,such as prescription drugs,the states may prohibit the advertising of such products and their prices.

Correct Answer
verified

Congress passes a law banning racial discrimination at restaurants.One located in a small town does not want to serve African-Americans.The discrimination law will not apply because the business is not in interstate commerce.

Correct Answer
verified

Amendments to the Constitution must be initiated by the Senate then approved by the President and the Supreme Court.

Correct Answer
verified

In the case Board of Trustees of the State University of New York v.Fox,the Supreme Court discussed the test for judging commercial-speech regulation.Part of the test is:

Correct Answer
verified

In Japan Line,Ltd.v.County of Los Angeles,the Supreme Court held that is was constitutional for California to tax foreign commerce,so long as the tax was correctly apportioned.

Correct Answer
verified

Exam 4: The Constitution: Focus on Application to Business

The Uniform Division of Income for Tax Purposes Act uses which of the following factors to divide a company's income:

Correct AnswerverifiedShow Answer

Which of the following is a key issue in Fourth Amendment cases:

Correct AnswerverifiedShow Answer

In Pro's Sports Bar & Grill v.City of Country Club Hills in which the City of Country Club Hills did not renew Pro's Sports Bar & Grill's liquor license,the appeals court applied a two-step approach to determine if due process had been violated.The two steps are:

Correct AnswerverifiedShow Answer

The states do not have the power to limit federal taxes on property owned by citizens in their own states. National: AACSB Analytic; AICPA BB-Legal

Correct AnswerverifiedShow Answer

Auto junkyards,which can become chop shops for stolen vehicles and parts,are an example of:

Correct AnswerverifiedShow Answer

A states may not regulate the airline industry,even if flights come into the state,because Congress has chosen to regulate the industry.

Correct AnswerverifiedShow Answer

Braswell v.U.S.involved the sole shareholder of a company who refused to produce company records that were subpoenaed.To protect himself,he successfully invoked the Fifth Amendment rule against self-incrimination.

Correct AnswerverifiedShow Answer

Before being controversially struck down by the Supreme Court in the Citizens United case,the McCain-Feingold Act:

Correct AnswerverifiedShow Answer

In New York v.Burger,a junkyard owner claimed that a New York statute permitting warrantless searches of junkyards was a violation of the 4th Amendment.The Supreme Court held that the statute was:

Correct AnswerverifiedShow Answer

Port cities in California imposed a property tax on cargo containers used by Japanese ships for loading and unloading cargo.The Supreme Court held the tax:

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

The Constitution was amended almost immediately to ensure that there was:

Correct AnswerverifiedShow Answer

The Supreme Court struck down a tax imposed by Maryland on a national bank because the tax violated the Supremacy Clause.

Correct AnswerverifiedShow Answer

Indiana imposes a one percent property tax on grocery stores built before 1970 and a five percent property tax on grocery stores built after 1970.The different tax rates are probably:

Correct AnswerverifiedShow Answer

Many restrictions on advertising have been held to violate both the Constitution and the antitrust laws.

Correct AnswerverifiedShow Answer

If there is a product about which consumers are ignorant,such as prescription drugs,the states may prohibit the advertising of such products and their prices.

Correct AnswerverifiedShow Answer

Congress passes a law banning racial discrimination at restaurants.One located in a small town does not want to serve African-Americans.The discrimination law will not apply because the business is not in interstate commerce.

Correct AnswerverifiedShow Answer

Amendments to the Constitution must be initiated by the Senate then approved by the President and the Supreme Court.

Correct AnswerverifiedShow Answer

In the case Board of Trustees of the State University of New York v.Fox,the Supreme Court discussed the test for judging commercial-speech regulation.Part of the test is:

Correct AnswerverifiedShow Answer

In Japan Line,Ltd.v.County of Los Angeles,the Supreme Court held that is was constitutional for California to tax foreign commerce,so long as the tax was correctly apportioned.

Correct AnswerverifiedShow Answer

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