BUS 325 Exam 1

Under equal protection what are inquiries involving the exercise of fundamental rights?

strict scrutiny

What is the caveat to the privileges and immunities clause?

substantial reason

Free speech is just not confined to speech. It also includes?

symbolic speech, gestures, movements, and articles of clothing

What speech is unprotected by the First Amendment?

"fighting words", defamatory speech, and speech that violates criminal laws (ex. child pornography or threats)

Under equal protection what are inquiries involving economic or social welfare?

"rational basis" test

Guarantees the freedom of religion, speech, and he press and the rights to assemble peaceably and to petition the government

*First amendement

Prohibits unreasonable searches and seizures of persons or property

*Fourth Amendment

States that the right of the people to keep and bear arms shall not be infringed

*Second Amendment

Ford is the sole proprietor of Go, a game app subscription service. As a sole proprietor, on the business's profits, Ford pays a. no incometaxes b. only personal income taxes c. only business income taxes d. both personal and business income taxes

B.

Hope wants to file a suit against Gerry. For a court to hear the case, A. Gerry must agree. b. the court must have jurisdiction. c. the parties must own property. d. the parties must have no minimum contacts with each other

B.

Mary creates a design that expresses support for a particular presidential candidate and distributes t-shirts emblazoned with the design to the candidate's supporters. This is an example of a. illegal speech. b. symbolic speech. c. unprotected speech. d. controlled speech.

B.

Nate promises to pay for dental services provided by Otto to Polly. Nate receives no personal benefit for the promise. To be enforceable, the promise must be in writing if a. Nate assumes primary financial responsibility for the cost. b. Nate promises to pay only if Polly does not pay. c. Otto's services will be provided in installments with separate payments. d. Polly also promises to pay

B.

Pharma Corporation makes and sells QualMed, the most prescribed name-brand blood pressure-lowering medication. Renew Drugs, Inc., has the potential to make a generic version of the same drug. Pharma pays Renew not to sell its product, thereby restricting output. This is a. a refusal to deal b. a price-fixing agreement c. an exclusive-dealing contract d. a market division

B.

had signs Dolly's name, without her authorization, to the back of her paycheck, which was issued by Eastside Market. This is a. larceny. b. forgery. c. embezzlement. d. robbery.

B.

Betty sells her Clothes Shop to Diane. In the sale agreement, there is a covenant not to compete that prohibits Betty from opening another clothing store within a certain distance. If a court concludes that this restriction is unreasonable, it will most likely a. award Betty damages equal to the speculative profit of a closer store. b. prohibit both parties from opening clothing stores. c. order Diane to stop doing business. d. reform the covenant.

D.

Blue Water Power Corporation wants to begin operations that include the discharge of waste into navigable waters. Under the Clean Water Act, Blue must install certain equipment a. with all deliberate speed after beginning operations b. only on a voluntary basis c. only if a regulatory agency challenges the discharge d. before beginning operations

D.

Credit Loan Company extends credit in the ordinary course of its business. Under the Truth-in-Lending Act, the lender must inform potential borrowers of a. the borrowers' credit scores b. credit terms offered by other lenders c. comparative prices for goods to be bought with the borrowed funds d. credit loan;s credit terms

D.

Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe's negligence, Kim would not have died. Regarding the death, the crash is a. the intervening cause. b. the proximate cause. c. the superseding cause. d. the cause in fact.

D.

Isabel and Josh engage in a business transaction that leads to a dispute. Isabel initiates a lawsuit against Josh by filing a complaint. The sheriff serves Josh with a summons. If Josh chooses to ignore it, a. Isabel must file an amended complaint. b. Josh will have a judgment entered in his favor. c. Josh must be served with a second summons. d. Isabel will have a judgment entered in her favor

D.

Jen and Kay would like to form Lunch Garden, Inc., to enter the food vending business. Most likely the articles of incorporation for the firm will not include a. the number of shoare that the corporation is authorized to issue b. the name and address of a registered agent c. the corporate name d. the minutes of the first organizational meeting

D.

On May 1 Ralph offers to cure and smoke Sam's pork. On May 3 Ralph mails Sam a letter revoking the offer. Sam receives the letter on May 5 and responds on May 6. Ralph's revocation of the offer a. did not become effective because Sam responded to the offer. b. became effective on May 3. c. became effective on May1. d. became effective on May 5

D.

What clause guarantees a person's right to freely exercise his/her religion?

Free exercise clause

Under the substantive due process the goverment may not take away certain rights such as interstate travel, privacy, voting, marriage, family, and all first amendment rights unless there is substantial reason. What are these rights called?

Fundamental rights

What court case defined interstate commerce?

Gibbons v. Ogden

What does self-incrimination not extend to?

corporations or partnerships

The Legislative branch...

creates laws can override the president's veto can define the jurisdiction of the judiciary must confirm judiciary appointees

What clause states that Congress has the "power to lay and collect taxes, duties, imposts, and excises" which shall be "uniform" among the states?

Taxing and Spending Powers

The courts generally consider negative publicity to be an expression of opinion protected by the First Amendment and not...?

defamatory speech

The Executive Branch...

enforces laws can veto legislation passed by congress can appoint the members of the judiciary

What amendments mandates due process?

fifth and fourteenth

Restrictions of commercial speech must

implement substantial government interest, directly advance that interest, and go no further than necessary

Under equal protection what are inquiries involving discrimination based on gender and legitimacy?

intermediate scrutiny

The Judicial Branch...

interprets laws can void the acts of the executive and legislative branches because they are unconstitutional

What can no person be deprived of under due process?

life, liberty, or property

Originally, what was the purpose of the Bill of Rights?

limit the federal government's power

If a state is more stringent than the federal preemtive law then the federal government will most likely

Uphold it

Bee Hive Honey, LLC's members include Charlie and Donna. For purposes of suing and being sued, Bee Hive Honey is a. a legal entity apart from its members b. an aggregate of its members c. a non-entity d. a non-participating third party

A.

According to the view that Applied Engineering Corporation is a "citizen," the firm is expected to a. primarily generate revenue for its owners. b. participate in bettering communities and society. c. have no responsibility other than profit maximization. d. efficiently allocate scarce resource

B.

Darin is a limited partner in Eco Baits, a pest control service organized as a limited partnership, which cannot pay its debts. Darin is liable for the debts a. to the full extent b. to the extent of his captial contribution to the firm c. to no extent d. in proportion to the number of partners in the firm

B.

A provision in the California state constitution conflicts with a provision in the U.S. Constitution. If challenged a. the state provision, not the U.S. Constitution, will be enforced. b. neither provision will be enforced. c. the U.S. Constitution, not the state provision, will be enforced. d. the provisions will be balanced to reach a compromis

C.

Daryl, Elsa, and Ferris are the directions of Go Apps, Inc. Go also has four officers and fourteen shareholders. Dividendes can be ordered by the firm's a. officers b. majority shareholders c. board d. minority shareholders

C.

Data Accountants, a private employer, handles bookkeeping for small employers. In most circumstances, with exceptions, federal law clearly prohibits Data from subjecting its employees to a. drug tests b. job-skills tests c. lie-detector tests d. monitoring of business communications

C.

David trespasses on Expo Corporation's property. Through the use of reasonable force, Expo's security guard detains David until the police arrive. Expo is liable for a. battery. b. assault. c. none of the choices. d. false imprisonment

C.

HVAC Heating and Air Conditioning, Inc., is a public company whose shares are traded in the public securities markets. Under the Sarbanes-Oxley Act of 2002, to ensure that HVAC's financial results are accurate and timely, the firm's senior officers must set up and maintain a. personal "peruse and review liability policies" b. public "information and discussion forums" c. internal "disclosure controls and procedures" d. external "release and reveal timetables"

C.

Jenny promises to pay Kay $500 because "she does not have as much money as other people." Jenny's promise is a. enforceable because the redistribution of wealth is a valid social goal. b. not enforceable because Jenny could have paid Kyle more. c. not enforceable because Kay has not given consideration in return. d. enforceable because society wants people to keep their promis

C.

What type of speech does not get the same protection that private and corporate speech get

Commercial speech

If something is too broad what does the court do?

Considers it invalid

What are laws that regulate the time, manner and place- but not the content of speech?

Content-neutral laws

What clause that is part of due process in the fifth amendment states that the government must treat similarly situated individuals (or businesses) in the same manner?

Equal protection clause

What clause prohibits the government from establishing a state-sponsored religion, or passing laws that favor one over the other?

Establishment clause

What court case prohibited racial discrimination in interstate commerce?

Heart of Atlanta Motel v. U.S.

Corporate political speech also falls within the protection of the First Amendment. They can specifically spend freely in political campaigns. In this case, corporations are treated like?

Individual people

What is the difference between morality and ethics?

Morality is at the individual level, where ethics is at the societal level

Do you always have to have probable cause?

No, not in the case of "hot pursuit", seizure of spoiled or contaminated food, banks, highly regulated companies (trading companies)

Does anywhere in the constitution give people the fundamental right to personal privacy?

No. This is a new concept taken from the first, fifth, and fourteenth amendment

What power regulates the affairs and keeps order among the people that is outside of the federal government?

Police Power

What doctrine states that certain federal laws take precedence over conflicting state or local laws

Preemption

What does an enforcement officer have to have in order to receive a search warrant?

Probable cause and specificity

What is the exception of specificity in a search warrant?

Something illegal in plain sight

What focuses on the content of the legislation (the right itself) instead of the fairness of procedures?

Substantive due process

What empowers Congress "to regulate commerce with foreign nations, and among several states, and with the indian tribes"?

The Commerce Clause

The Bill of Rights is not.....but it is?

The Constitution; The first ten amendments

What are the two sovereign powers?

The Federal Government and the State Governments

What law protects the legal rights of American Citizens as the move from state to state? Ensures any judicial decision with respect to such property rights will be honored and enforced in all states

The Full Faith and Credit Clause

Over time, the Bill of Rights was "incorporated" to states because of? this means that state governments are subject to the bill of rights just like the federal governement

The due process clause in the 14th Amendment

What are the two parts of the first amendment in regards to freedom of religion?

The establishment clause and the free exercise clause

What law states that a State can not treat out of state people differently than you would treat your own?

The privileges and immunities clause in Article IV of the Constitution

Prohibits, in peacetime, the lodging of soldiers in any house without the owner's consent

Third Amendment

What is any government decision to take life, liberty, or property?

procedural due process

What does the triple bottom line consider in the rise of corporate citizenship?

profits, impact on people, and impact on the planet

What increases the potential for damage to a corporation's reputation or loss of profits through negative publicity?

the internet

What is the lowest standard you can have in a business strictly based on the law?

the moral minimum