LES 305: Business Law and Ethics (Exam 2)
Questions And Answers 100% Correct
Some of you may remember the controversy about whether Apple and other smartphone
manufacturers should be able to unlock and decrypt smartphones to assist the government with
criminal investigations. Some courts have ordered Apple and others to unlock and decrypt
smartphones. Legal scholars believe that Congress should create a law regulating the encryption
of smartphones and the right of the government to decrypt them, rather than the courts. When the
courts are creating the law, then this would violate Seperation of Power
President Trump's ability to veto any laws created by Congress, such as the laws contemplated in
thequestion above is an example of Checks and Balances
An intern was fired for posting a photo of a sign that her employer posted that appeared to
indicate that the company was minimizing the danger of alligators on its property. Did the
company violate her Constitutional rights by firing her? She has no constitutional rights
Under the Commerce Clause, the federal government has the right to regulate any area of
business hat impacts interstate commerce.
, LES 305: Business Law and Ethics (Exam 2)
Questions And Answers 100% Correct
lfonso Lopez, Jr., a 12th-grade student at Edison High School in San Antonio, Texas, arrived at
school on March 10, 1992, carrying a concealed .38 caliber handgun and five bullets. He was
arrested and charged with a violation of the federal Gun-Free School Zones Act of 1990. Lopez
moved to dismiss his indictment under this law because the law is beyond the power of Congress
to act. Lopez was found guilty and sentenced to six months' imprisonment. He appealed and the
Fifth Circuit Court of Appeals agreed with Lopez, finding the law to be an unconstitutional
exercise of congressional power, and reversed the conviction because carrying a gun is not
an economic activity, so Congress has no power to regulate it under the Commerce Clause.
he United States Supreme Court determined that Congress exceeded its authority to regulate
commerce under the Commerce Clause in U.S. v. Morrison when it created a special federal
cause of action punishing violence against women in the Violence Against Women's Act because
violence is not an economic activity. 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
, LES 305: Business Law and Ethics (Exam 2)
Questions And Answers 100% Correct
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.
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 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
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 "sufficient nexus" between the state and the business being taxed
d. The tax must be apportioned fairly.
e. All of the above are correct.*
Questions And Answers 100% Correct
Some of you may remember the controversy about whether Apple and other smartphone
manufacturers should be able to unlock and decrypt smartphones to assist the government with
criminal investigations. Some courts have ordered Apple and others to unlock and decrypt
smartphones. Legal scholars believe that Congress should create a law regulating the encryption
of smartphones and the right of the government to decrypt them, rather than the courts. When the
courts are creating the law, then this would violate Seperation of Power
President Trump's ability to veto any laws created by Congress, such as the laws contemplated in
thequestion above is an example of Checks and Balances
An intern was fired for posting a photo of a sign that her employer posted that appeared to
indicate that the company was minimizing the danger of alligators on its property. Did the
company violate her Constitutional rights by firing her? She has no constitutional rights
Under the Commerce Clause, the federal government has the right to regulate any area of
business hat impacts interstate commerce.
, LES 305: Business Law and Ethics (Exam 2)
Questions And Answers 100% Correct
lfonso Lopez, Jr., a 12th-grade student at Edison High School in San Antonio, Texas, arrived at
school on March 10, 1992, carrying a concealed .38 caliber handgun and five bullets. He was
arrested and charged with a violation of the federal Gun-Free School Zones Act of 1990. Lopez
moved to dismiss his indictment under this law because the law is beyond the power of Congress
to act. Lopez was found guilty and sentenced to six months' imprisonment. He appealed and the
Fifth Circuit Court of Appeals agreed with Lopez, finding the law to be an unconstitutional
exercise of congressional power, and reversed the conviction because carrying a gun is not
an economic activity, so Congress has no power to regulate it under the Commerce Clause.
he United States Supreme Court determined that Congress exceeded its authority to regulate
commerce under the Commerce Clause in U.S. v. Morrison when it created a special federal
cause of action punishing violence against women in the Violence Against Women's Act because
violence is not an economic activity. 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
, LES 305: Business Law and Ethics (Exam 2)
Questions And Answers 100% Correct
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.
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 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
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 "sufficient nexus" between the state and the business being taxed
d. The tax must be apportioned fairly.
e. All of the above are correct.*
