ASU - Koretz - LES 305 - Exam 2 questions
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with answers |\
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. - CORRECT ANSWERS ✔✔TRUE.
|\ |\ |\ |\ |\
You play football for the Tempe Moons, last year's 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. - CORRECT ANSWERS
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
✔✔No constitutional rights have been violated since the NFL is a
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
private organization.* |\
Under the Commerce Clause, the federal government has the
|\ |\ |\ |\ |\ |\ |\ |\ |\
right to regulate any area of business - CORRECT ANSWERS
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
✔✔that affects interstate commerce.* |\ |\ |\
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. - CORRECT
|\ |\ |\ |\ |\ |\ |\ |\ |\
ANSWERS ✔✔TRUE
|\ |\
,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? - CORRECT ANSWERS ✔✔Yes. Ollie's
|\ |\ |\ |\ |\ |\ |\ |\ |\
purchases a significant quantity of goods that originate out of |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
state, so the discriminatory conduct impacts interstate
|\ |\ |\ |\ |\ |\ |\
commerce.
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? - CORRECT ANSWERS ✔✔Police Power
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
In January 2015, the Super Bowl was held at the 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. - CORRECT |\ |\ |\ |\ |\ |\ |\ |\ |\
ANSWERS ✔✔False. |\
The requirements to impose a valid state tax that is levied upon
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
goods originating out of state include - CORRECT ANSWERS ✔✔a.
|\ |\ |\ |\ |\ |\ |\ |\ |\
The tax cannot discriminate against interstate commerce.
|\ |\ |\ |\ |\ |\ |\
b. The tax cannot be an undue burden on interstate commerce.
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
, c. There must be a "sufficient 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 and
|\ |\ |\ |\ |\ |\ |\ |\ |\
warehouses in Arizona and California. Pen owns no property in |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
North Carolina and has no employees 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? -
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
CORRECT ANSWERS ✔✔Yes. Pen purposefully directed its
|\ |\ |\ |\ |\ |\ |\ |\
activities at North Carolina and could be required to pay taxes
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
LL Bean has warehouse facilities in Maine, Nevada, Washington,
|\ |\ |\ |\ |\ |\ |\ |\ |\
Idaho, Utah, and North Dakota. - CORRECT ANSWERS ✔✔Any
|\ |\ |\ |\ |\ |\ |\ |\ |\
state in which LL Bean has warehouses can tax LL Bean on the
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
inventory in that particular state |\ |\ |\ |\
One of the issues that courts review to determine whether a
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
federal law preempts a state law is whether the federal
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
government expresses a desire to be the exclusive regulator in |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
this arena. - CORRECT ANSWERS ✔✔TRUE.
|\ |\ |\ |\ |\
The state of Wyoming has just passed a law requiring all cars
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
entering the state to be equipped with side air bags. The federal
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
government has expressed its desire to preempt any state laws |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
relating to automobile safety equipment. Therefore, the Wyoming
|\ |\ |\ |\ |\ |\ |\
requirement: - CORRECT ANSWERS ✔✔is preempted by the
|\ |\ |\ |\ |\ |\ |\ |\ |\
federal requirement |\
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
with answers |\
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. - CORRECT ANSWERS ✔✔TRUE.
|\ |\ |\ |\ |\
You play football for the Tempe Moons, last year's 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. - CORRECT ANSWERS
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
✔✔No constitutional rights have been violated since the NFL is a
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
private organization.* |\
Under the Commerce Clause, the federal government has the
|\ |\ |\ |\ |\ |\ |\ |\ |\
right to regulate any area of business - CORRECT ANSWERS
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
✔✔that affects interstate commerce.* |\ |\ |\
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. - CORRECT
|\ |\ |\ |\ |\ |\ |\ |\ |\
ANSWERS ✔✔TRUE
|\ |\
,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? - CORRECT ANSWERS ✔✔Yes. Ollie's
|\ |\ |\ |\ |\ |\ |\ |\ |\
purchases a significant quantity of goods that originate out of |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
state, so the discriminatory conduct impacts interstate
|\ |\ |\ |\ |\ |\ |\
commerce.
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? - CORRECT ANSWERS ✔✔Police Power
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
In January 2015, the Super Bowl was held at the 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. - CORRECT |\ |\ |\ |\ |\ |\ |\ |\ |\
ANSWERS ✔✔False. |\
The requirements to impose a valid state tax that is levied upon
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
goods originating out of state include - CORRECT ANSWERS ✔✔a.
|\ |\ |\ |\ |\ |\ |\ |\ |\
The tax cannot discriminate against interstate commerce.
|\ |\ |\ |\ |\ |\ |\
b. The tax cannot be an undue burden on interstate commerce.
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
, c. There must be a "sufficient 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 and
|\ |\ |\ |\ |\ |\ |\ |\ |\
warehouses in Arizona and California. Pen owns no property in |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
North Carolina and has no employees 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? -
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
CORRECT ANSWERS ✔✔Yes. Pen purposefully directed its
|\ |\ |\ |\ |\ |\ |\ |\
activities at North Carolina and could be required to pay taxes
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
LL Bean has warehouse facilities in Maine, Nevada, Washington,
|\ |\ |\ |\ |\ |\ |\ |\ |\
Idaho, Utah, and North Dakota. - CORRECT ANSWERS ✔✔Any
|\ |\ |\ |\ |\ |\ |\ |\ |\
state in which LL Bean has warehouses can tax LL Bean on the
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
inventory in that particular state |\ |\ |\ |\
One of the issues that courts review to determine whether a
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
federal law preempts a state law is whether the federal
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
government expresses a desire to be the exclusive regulator in |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
this arena. - CORRECT ANSWERS ✔✔TRUE.
|\ |\ |\ |\ |\
The state of Wyoming has just passed a law requiring all cars
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
entering the state to be equipped with side air bags. The federal
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
government has expressed its desire to preempt any state laws |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
relating to automobile safety equipment. Therefore, the Wyoming
|\ |\ |\ |\ |\ |\ |\
requirement: - CORRECT ANSWERS ✔✔is preempted by the
|\ |\ |\ |\ |\ |\ |\ |\ |\
federal requirement |\
