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BUS 250 Final Exam - Ole Miss Flaught || with 100% Verified Solutions.
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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...

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  • August 3, 2024
  • 27
  • 2024/2025
  • Exam (elaborations)
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  • which of the following is true of judicial review

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BUS 250 Final Exam - Ole Miss Flaught || with 100%
Verified Solutions.
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. correct answers
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. correct answers 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 correct answers a. Enumerating and limiting the
powers of the states

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. correct
answers 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. correct answers 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.

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. correct answers 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 correct answers 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. correct answers 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) correct answers True

The right to privacy is a specifically named right established in the Bill of Rights. (true/false)
correct answers False

Marbury v. Madison, decided in 1803, is no longer considered valid precedent and has been
preempted by statute. (true/false) correct answers False

Obscenity regulation of commercial speech is subject to the same scrutiny as any other
government regulation of commercial speech. (true/false) correct answers True

Placing conditions on the use of federal money given to states is most often accomplished by
interpreting the Commerce Clause. (true/false) correct answers False

Commercial speech has always been afforded protection under the First Amendment. (true/false)
correct answers False

Generally speaking, political speech by corporations is fully protected by the First Amendment.
(true/false) correct answers True

A surgeon accidently severed a nerve in Miranda's back during surgery so she now has numbness
in her left leg. Miranda sued to get compensation for her pain and suffering and additional
medical expenses as a result of alleged malpractice. The malpractice statute in her state gave her
two years from the time she "knew or should have known of the injury" to file a lawsuit. What
type of law is the malpractice statute that gives her the right to sue and what type of law is the
statute that determines that she has two years to file her claim?

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