BUS 250 FINAL EXAM | TOP SCORES MADE SIMPLE |
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Which of the following is true of judicial review?
a. It is established by common law precedent.
b. It is a power of the Executive and Legislative Branches contained in Articles I and II of the
Constitution.
c. It is contained in Article III of the Constitution.
d. It is established by a constitutional amendment contained in the Bill of Rights. Answer:
a. It is established by common law precedent.
Melissa was driving her 25-year-old rusty car through a rich neighborhood. Glenn, a police
officer, pulled her over because he didn't like the looks of a junky car in a fancy area. Glenn
demanded that she step out of the car for a pat-down search. Glenn had no suspicion that
Melissa was committing a crime at the time of the stop. Glenn found a tiny bag of cocaine
on Melissa. Under these circumstances, this is
a. a legal search because police are given broad discretion to use their experience to fight
crime and obviously the police officer was right in this case.
b. a legal search because illegal drugs were found, justifying the police officer's actions.
c. an illegal search under Fifth Amendment.
d. an illegal search under the Fourth Amendment. Answer: d. an illegal search under the
Fourth Amendment. (Unreasonable search)
According to the text, which of the following is not a general function of the U.S.
Constitution?
a. Enumerating and limiting the powers of the states
b. Providing a structure for the federal government
c. All of the answer choices are functions of the U.S. Constitution.
d. Delegating powers to the federal branches Answer: a. Enumerating and limiting the
powers of the states
1
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,The rights of a business compared with an individual under the Fourth Amendment are best
described as:
a. A business has lesser rights to be free from government searches than an individual.
b. A business has equal rights to be free from government searches as an individual.
c. The rights of a business compared with an individual under the Fourth Amendment have
not yet been defined by the federal courts.
d. A business has greater rights to be free from government searches than an individual.
Answer: a. A business has lesser rights to be free from government searches than an
individual.
Billy's Barbecue was a small business with 20 employees in Tinyville, a town that seldom
had visitors from other states. Billy refused to serve people of Middle Eastern descent.
Billy's only contact with other states was purchasing some of his pork from a hog farmer in
a neighboring state. May Congress regulate Billy's activity under the Civil Rights Act?
Why/why not?
a. No, because Billy's is a private business.
b. Yes, because Billy's is engaged in interstate commerce under the Commerce Clause.
c. Yes, because all businesses of public or private accommodation are subject to
congressional regulation under the Civil Rights Act.
d. No, because Billy's business is primarily local in nature, he is not engaged in substantial
interstate commerce. Answer: b. Yes, because Billy's is engaged in interstate commerce
under the Commerce Clause. (grants congress the power to regulate commerce among
states)
Freddie was approached by Byron, a police officer, who asked him if he could search
Freddie's backpack. Freddie gave Byron permission to conduct the search. Byron had no
warrant and no probable cause to believe that Freddie was involved in criminal activity.
Byron found an illegal switchblade in Freddie's backpack and arrested him. Is this a legal
search? Why/why not?
a. This is a legal search because it was consensual, Freddie gave Byron permission.
b. This is a legal search because Freddie was guilty of the crime for which he was arrested.
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, c. This is an illegal search because it was not supported by a warrant.
d. This is an illegal search because it was not supported by probable cause. Answer: a.
This is a legal search because it was consensual, Freddie gave Byron permission.
What type of restrictions may the government place on political expression?
a. No restrictions under any circumstances
b. Reasonable restrictions on time, place and manner
c. Minimal restrictions on time, place and manner
d. Absolute restrictions if public safety is involved Answer: b. Reasonable restrictions on
time, place and manner
Kate was suspended from Mississippi State University after a professor suspected her of
cheating on an agricultural economics exam. The determination of whether the state
government acted properly and gave her an opportunity to present her evidence at a fair
and neutral hearing is an analysis of
a. procedural due process.
b. the Commerce Clause.
c. quasi-suspect classifications.
d. Equal Protection rights. Answer: a. procedural due process.
Congress may tax activities and property that it might not be authorized to regulate under
any of the enumerated regulated powers. (true/false) Answer: True
The right to privacy is a specifically named right established in the Bill of Rights. (true/false)
Answer: False
Marbury v. Madison, decided in 1803, is no longer considered valid precedent and has been
preempted by statute. (true/false) Answer: False
Obscenity regulation of commercial speech is subject to the same scrutiny as any other
government regulation of commercial speech. (true/false) Answer: True
Placing conditions on the use of federal money given to states is most often accomplished
by interpreting the Commerce Clause. (true/false) Answer: False
Commercial speech has always been afforded protection under the First Amendment.
(true/false) Answer: False
3
APPHIA - Crafted with Care and Precision for Academic Excellence.
TRUSTED TEST SOLUTIONS!
QUALITY CONTENT YOU CAN RELY ON!
Which of the following is true of judicial review?
a. It is established by common law precedent.
b. It is a power of the Executive and Legislative Branches contained in Articles I and II of the
Constitution.
c. It is contained in Article III of the Constitution.
d. It is established by a constitutional amendment contained in the Bill of Rights. Answer:
a. It is established by common law precedent.
Melissa was driving her 25-year-old rusty car through a rich neighborhood. Glenn, a police
officer, pulled her over because he didn't like the looks of a junky car in a fancy area. Glenn
demanded that she step out of the car for a pat-down search. Glenn had no suspicion that
Melissa was committing a crime at the time of the stop. Glenn found a tiny bag of cocaine
on Melissa. Under these circumstances, this is
a. a legal search because police are given broad discretion to use their experience to fight
crime and obviously the police officer was right in this case.
b. a legal search because illegal drugs were found, justifying the police officer's actions.
c. an illegal search under Fifth Amendment.
d. an illegal search under the Fourth Amendment. Answer: d. an illegal search under the
Fourth Amendment. (Unreasonable search)
According to the text, which of the following is not a general function of the U.S.
Constitution?
a. Enumerating and limiting the powers of the states
b. Providing a structure for the federal government
c. All of the answer choices are functions of the U.S. Constitution.
d. Delegating powers to the federal branches Answer: a. Enumerating and limiting the
powers of the states
1
APPHIA - Crafted with Care and Precision for Academic Excellence.
,The rights of a business compared with an individual under the Fourth Amendment are best
described as:
a. A business has lesser rights to be free from government searches than an individual.
b. A business has equal rights to be free from government searches as an individual.
c. The rights of a business compared with an individual under the Fourth Amendment have
not yet been defined by the federal courts.
d. A business has greater rights to be free from government searches than an individual.
Answer: a. A business has lesser rights to be free from government searches than an
individual.
Billy's Barbecue was a small business with 20 employees in Tinyville, a town that seldom
had visitors from other states. Billy refused to serve people of Middle Eastern descent.
Billy's only contact with other states was purchasing some of his pork from a hog farmer in
a neighboring state. May Congress regulate Billy's activity under the Civil Rights Act?
Why/why not?
a. No, because Billy's is a private business.
b. Yes, because Billy's is engaged in interstate commerce under the Commerce Clause.
c. Yes, because all businesses of public or private accommodation are subject to
congressional regulation under the Civil Rights Act.
d. No, because Billy's business is primarily local in nature, he is not engaged in substantial
interstate commerce. Answer: b. Yes, because Billy's is engaged in interstate commerce
under the Commerce Clause. (grants congress the power to regulate commerce among
states)
Freddie was approached by Byron, a police officer, who asked him if he could search
Freddie's backpack. Freddie gave Byron permission to conduct the search. Byron had no
warrant and no probable cause to believe that Freddie was involved in criminal activity.
Byron found an illegal switchblade in Freddie's backpack and arrested him. Is this a legal
search? Why/why not?
a. This is a legal search because it was consensual, Freddie gave Byron permission.
b. This is a legal search because Freddie was guilty of the crime for which he was arrested.
2
APPHIA - Crafted with Care and Precision for Academic Excellence.
, c. This is an illegal search because it was not supported by a warrant.
d. This is an illegal search because it was not supported by probable cause. Answer: a.
This is a legal search because it was consensual, Freddie gave Byron permission.
What type of restrictions may the government place on political expression?
a. No restrictions under any circumstances
b. Reasonable restrictions on time, place and manner
c. Minimal restrictions on time, place and manner
d. Absolute restrictions if public safety is involved Answer: b. Reasonable restrictions on
time, place and manner
Kate was suspended from Mississippi State University after a professor suspected her of
cheating on an agricultural economics exam. The determination of whether the state
government acted properly and gave her an opportunity to present her evidence at a fair
and neutral hearing is an analysis of
a. procedural due process.
b. the Commerce Clause.
c. quasi-suspect classifications.
d. Equal Protection rights. Answer: a. procedural due process.
Congress may tax activities and property that it might not be authorized to regulate under
any of the enumerated regulated powers. (true/false) Answer: True
The right to privacy is a specifically named right established in the Bill of Rights. (true/false)
Answer: False
Marbury v. Madison, decided in 1803, is no longer considered valid precedent and has been
preempted by statute. (true/false) Answer: False
Obscenity regulation of commercial speech is subject to the same scrutiny as any other
government regulation of commercial speech. (true/false) Answer: True
Placing conditions on the use of federal money given to states is most often accomplished
by interpreting the Commerce Clause. (true/false) Answer: False
Commercial speech has always been afforded protection under the First Amendment.
(true/false) Answer: False
3
APPHIA - Crafted with Care and Precision for Academic Excellence.
