LES 305 - Clark Exam 2 Review
Questions with complete solutions
The city must compensate the property owners for the taking - correct answer ✔✔The city of Mesa has
developed a street improvement plan that will add lanes to one of the major north/south corridors.
Because of the addition of the lanes, property owners along the corridor will lose frontage. However,
non of the businesses will be required to move. Which of the following statements is true?
an unconstitutional burden on interstate commerce - correct answer ✔✔The state of montana, in
response to "outsiders" controlling ranch properties, has passed a statute that requires 6 months of
residency before n individual can purchase 40 acres or more acres of land. The statute is:
the balancing test - correct answer ✔✔The state of Arizona has just passed a mandatory seat belt law
that will require anyone traveling in Arizona to put on his/her seat belt. Several travelers from other
states that do not have such seat belt laws have brought suit challenging the constitutionality of the
Arizona Law as an undue burden on interstate commerce. What test will the court apply in reviewing the
statute?
Does NOT have the authority under the U.S constitution to tax LOR's full inventory - correct answer
✔✔LOR, inc., has a catalog merchandise return facility in Nevada. FOR employs phone operators for
processing return requisitions, and merchandise is returned to the facility and stored there for later
dispatch. The state of Necada has proposed taxing LOR's full inventory based on the theory that it could
have passed through the Nevada facility. LoOR's main warehouse is in Chicago. Therefore, Nevada:
Is an unconstitutional violation of the First Amendment - correct answer ✔✔Congress passed a law
prohibiting any organization from spending money on ads against ballot propositions. The legislative
history shows that Congress found that organizations spend far too much money on these ads and
regular citizens' cannot voice their opinions against such powerful communication. The statute:
Judicial Branch - correct answer ✔✔The branch of government cannot pass laws, but it can precent a
law that has been passed from taking effect by interpreting the law as unconstitutional
, Only Georgia and Mississippi - correct answer ✔✔JBT food services owns a production facility in Georgia.
The products are then transported to their distribution warehouse in Mississippi by truck on a route
through Alabama. In which states can the business be taxed?
Maine could have a higher wage, but Idaho could not have a lower wage - correct answer ✔✔If Idaho
enacted a law that lowered the minimum wage to $5 per hour because they felt that the businesses
could not afford to pay the higher wage and at the same time, Maine raised its minimum wage to $9 per
hour, both these laws would be in conflict with he federal minimum wage law. Which would result?
Courtney has the right to procedural due process, even if she was in violation of the agreement - correct
answer ✔✔Courtney has a lot of friends and she invites them to her apartment on a regular basis for
parties. Her landlord does not like this situation because her friends take up a lot of parking sports and
he has occasionally gotten noise complaints from other tenants. While Courtney is at work, her landlord
changes the locks and tells her she has violated the lease agreement and can no longer live there.
Courtney demands due process and the right to be heard, but the landlord refuses. Which of the
following is correct?
Base the decision on the written law, regardless of the precedent - correct answer ✔✔RTX, Inc. is a
business located in Spain. They are involved in a lawsuit regarding mistreatment of their employees. The
attorneys for the company have presented previous court decisions to the judge and asked him to rule
accordingly. What would the judge in Spain most likely base his decision on?
State U officials must still provide Janis with a hearing on the University charges - correct answer
✔✔Janis Hoffman, a student, was involved in a tailgate brawl that took place in the parking lot of State U
just prior to one of State's football games. Janis and others have charges pending with the county
attorney. State U has filed charges against Janis and the others for violation of State U's code of conduct
that prohibits disorderly conduct on university property. She has been suspended for a semester. When
she requested a hearing, she was told that the charges by the county were sufficient proof for her
university misconduct charges. Which of the following statements is correct?
The U.S. Supreme Court permits takings for purposes of economic development. - correct answer
✔✔Bailey's Brake Service, a bit of an eyesore at a main intersection near the faltering downtown area of
Mesa, Arizona, was a family-founded, owned and operated business that had been open in its existing
location since 1970. Lenhardt's True Value Hardware store was also a longstanding Mesa business with a
location south and east of Bailey's and a desire for a better location as well as a professed desire to
revitalize Mesa's downtown area. The Lenhardts had purchased the property abutting Bailey's but felt
that the street-facing Bailey's property was necessary for its location. The city council was in favor of
condemnation of Bailey's property by eminent domain, and then selling it Lenhardt's for the
Questions with complete solutions
The city must compensate the property owners for the taking - correct answer ✔✔The city of Mesa has
developed a street improvement plan that will add lanes to one of the major north/south corridors.
Because of the addition of the lanes, property owners along the corridor will lose frontage. However,
non of the businesses will be required to move. Which of the following statements is true?
an unconstitutional burden on interstate commerce - correct answer ✔✔The state of montana, in
response to "outsiders" controlling ranch properties, has passed a statute that requires 6 months of
residency before n individual can purchase 40 acres or more acres of land. The statute is:
the balancing test - correct answer ✔✔The state of Arizona has just passed a mandatory seat belt law
that will require anyone traveling in Arizona to put on his/her seat belt. Several travelers from other
states that do not have such seat belt laws have brought suit challenging the constitutionality of the
Arizona Law as an undue burden on interstate commerce. What test will the court apply in reviewing the
statute?
Does NOT have the authority under the U.S constitution to tax LOR's full inventory - correct answer
✔✔LOR, inc., has a catalog merchandise return facility in Nevada. FOR employs phone operators for
processing return requisitions, and merchandise is returned to the facility and stored there for later
dispatch. The state of Necada has proposed taxing LOR's full inventory based on the theory that it could
have passed through the Nevada facility. LoOR's main warehouse is in Chicago. Therefore, Nevada:
Is an unconstitutional violation of the First Amendment - correct answer ✔✔Congress passed a law
prohibiting any organization from spending money on ads against ballot propositions. The legislative
history shows that Congress found that organizations spend far too much money on these ads and
regular citizens' cannot voice their opinions against such powerful communication. The statute:
Judicial Branch - correct answer ✔✔The branch of government cannot pass laws, but it can precent a
law that has been passed from taking effect by interpreting the law as unconstitutional
, Only Georgia and Mississippi - correct answer ✔✔JBT food services owns a production facility in Georgia.
The products are then transported to their distribution warehouse in Mississippi by truck on a route
through Alabama. In which states can the business be taxed?
Maine could have a higher wage, but Idaho could not have a lower wage - correct answer ✔✔If Idaho
enacted a law that lowered the minimum wage to $5 per hour because they felt that the businesses
could not afford to pay the higher wage and at the same time, Maine raised its minimum wage to $9 per
hour, both these laws would be in conflict with he federal minimum wage law. Which would result?
Courtney has the right to procedural due process, even if she was in violation of the agreement - correct
answer ✔✔Courtney has a lot of friends and she invites them to her apartment on a regular basis for
parties. Her landlord does not like this situation because her friends take up a lot of parking sports and
he has occasionally gotten noise complaints from other tenants. While Courtney is at work, her landlord
changes the locks and tells her she has violated the lease agreement and can no longer live there.
Courtney demands due process and the right to be heard, but the landlord refuses. Which of the
following is correct?
Base the decision on the written law, regardless of the precedent - correct answer ✔✔RTX, Inc. is a
business located in Spain. They are involved in a lawsuit regarding mistreatment of their employees. The
attorneys for the company have presented previous court decisions to the judge and asked him to rule
accordingly. What would the judge in Spain most likely base his decision on?
State U officials must still provide Janis with a hearing on the University charges - correct answer
✔✔Janis Hoffman, a student, was involved in a tailgate brawl that took place in the parking lot of State U
just prior to one of State's football games. Janis and others have charges pending with the county
attorney. State U has filed charges against Janis and the others for violation of State U's code of conduct
that prohibits disorderly conduct on university property. She has been suspended for a semester. When
she requested a hearing, she was told that the charges by the county were sufficient proof for her
university misconduct charges. Which of the following statements is correct?
The U.S. Supreme Court permits takings for purposes of economic development. - correct answer
✔✔Bailey's Brake Service, a bit of an eyesore at a main intersection near the faltering downtown area of
Mesa, Arizona, was a family-founded, owned and operated business that had been open in its existing
location since 1970. Lenhardt's True Value Hardware store was also a longstanding Mesa business with a
location south and east of Bailey's and a desire for a better location as well as a professed desire to
revitalize Mesa's downtown area. The Lenhardts had purchased the property abutting Bailey's but felt
that the street-facing Bailey's property was necessary for its location. The city council was in favor of
condemnation of Bailey's property by eminent domain, and then selling it Lenhardt's for the
