ASU - Koretz - LES 305 - Exam 2 Complete
Questions And Correct Answers
1.No branch of government can exercise the authority of
another branch. Also, each branch has some power to
limit the actions of the other two branches; this scheme
creates a system of checks and balances.: TRUE.
You play football for the Tempe Moons, last year's
2.
winners of the Super Bowl. The Tempe Moons are a
member of the National Football League (NFL), a private
organization. One requirement is that all NFL players,
coaches, and other members of the team stand and act in
a dignified manner while the national anthem is played
before the game begins. You decide not to stand due to
your religion. Other players are members of your religion
and they stand. The NFL suspends you from further play
due to your failure to stand. You want your job back.: No
constitutional rights have been violated since the NFL is a private organization.*
Under the Commerce Clause, the federal government has
3.
the right to regu- late any area of business: that attects interstate
commerce.*
4. The United States Supreme Court determined that the
,Violence Against Women's Act exceeded Congressional
authority to regulate commerce under the Commerce
Clause in U.S. v. Morrison because violence is not an
economic activity.: TRUE
5.Ollie's Barbeque is a family-owned restaurant in
Birmingham, Alabama with a seating capacity of 220
customers. It is located on a state highway which is 11
blocks from an interstate highway. A sign in the restaurant
provides that take-out service only is available for African
Americans. Congress passed the Civil Rights Act in 1964,
which prohibited this type of discrimination. Ollie's
purchases about $150,000 annually from a local restaurant
supplier and 46% that amount is from out-of-state
distributors. Will the Commerce Clause permit the
application of the Civil Rights Act to Ollie's?: Yes. Ollie's purchases a
significant quantity of goods that originate out of state, so the discriminatory
conduct impacts interstate commerce.
6.What authority would the state of Arizona claim for
passing a mandatory seat belt law requiring anyone
traveling in Arizona to put on his or her seat belt?: Police
Power
, In January 2015, the Super Bowl was held at the
7.
University of Phoenix Stadium in Glendale, Arizona. The
state of Arizona could tax patrons who reside in states
, Other than Arizona who are visiting Arizona hotels at a
rate that is higher than the tax rate assessed against
patrons who are from Arizona.: False.
8.The requirements to impose a valid state tax that is
levied upon goods originating out of state include: a. The tax
cannot discriminate against interstate commerce.
b. The tax cannot be an undue burden on interstate commerce.
c. There must be a "suflcient nexus" between the state and the business being taxed
[Examples: Does business there, holds property titles there, manufactures there,
inventory stored there]
d. The tax must be apportioned fairly.
e. All of the above are correct.*
Pen Corporation is a Delaware corporation with offices
9.
and warehouses in Arizona and California. Pen owns no
property in North Carolina and has no em- ployees in
North Carolina. Pen sells office supplies via catalog. North
Carolina imposed a retail use tax on Pen on sales to North
Carolina residents. Is this tax valid?: Yes. Pen purposefully directed its
Questions And Correct Answers
1.No branch of government can exercise the authority of
another branch. Also, each branch has some power to
limit the actions of the other two branches; this scheme
creates a system of checks and balances.: TRUE.
You play football for the Tempe Moons, last year's
2.
winners of the Super Bowl. The Tempe Moons are a
member of the National Football League (NFL), a private
organization. One requirement is that all NFL players,
coaches, and other members of the team stand and act in
a dignified manner while the national anthem is played
before the game begins. You decide not to stand due to
your religion. Other players are members of your religion
and they stand. The NFL suspends you from further play
due to your failure to stand. You want your job back.: No
constitutional rights have been violated since the NFL is a private organization.*
Under the Commerce Clause, the federal government has
3.
the right to regu- late any area of business: that attects interstate
commerce.*
4. The United States Supreme Court determined that the
,Violence Against Women's Act exceeded Congressional
authority to regulate commerce under the Commerce
Clause in U.S. v. Morrison because violence is not an
economic activity.: TRUE
5.Ollie's Barbeque is a family-owned restaurant in
Birmingham, Alabama with a seating capacity of 220
customers. It is located on a state highway which is 11
blocks from an interstate highway. A sign in the restaurant
provides that take-out service only is available for African
Americans. Congress passed the Civil Rights Act in 1964,
which prohibited this type of discrimination. Ollie's
purchases about $150,000 annually from a local restaurant
supplier and 46% that amount is from out-of-state
distributors. Will the Commerce Clause permit the
application of the Civil Rights Act to Ollie's?: Yes. Ollie's purchases a
significant quantity of goods that originate out of state, so the discriminatory
conduct impacts interstate commerce.
6.What authority would the state of Arizona claim for
passing a mandatory seat belt law requiring anyone
traveling in Arizona to put on his or her seat belt?: Police
Power
, In January 2015, the Super Bowl was held at the
7.
University of Phoenix Stadium in Glendale, Arizona. The
state of Arizona could tax patrons who reside in states
, Other than Arizona who are visiting Arizona hotels at a
rate that is higher than the tax rate assessed against
patrons who are from Arizona.: False.
8.The requirements to impose a valid state tax that is
levied upon goods originating out of state include: a. The tax
cannot discriminate against interstate commerce.
b. The tax cannot be an undue burden on interstate commerce.
c. There must be a "suflcient nexus" between the state and the business being taxed
[Examples: Does business there, holds property titles there, manufactures there,
inventory stored there]
d. The tax must be apportioned fairly.
e. All of the above are correct.*
Pen Corporation is a Delaware corporation with offices
9.
and warehouses in Arizona and California. Pen owns no
property in North Carolina and has no em- ployees in
North Carolina. Pen sells office supplies via catalog. North
Carolina imposed a retail use tax on Pen on sales to North
Carolina residents. Is this tax valid?: Yes. Pen purposefully directed its
