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LES 305 Exam | Questions And Answers Latest {} A+ Graded | 100% Verified
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LES 305 Exam | Questions And Answers Latest {} A+ Graded | 100% Verified
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LES 305 Exam | Questions And Answers Latest {2024- 2025} A+ Graded | 100% VerifiedYour companies response in the media to allegations of illegal or unethical conduct raises which
constitutional issue?
A. Issues of due process
B. Commerce clause issues and the authority of the United States to regulate business
C. The authority of the legislative branch to regulate foreign labor practices
D. The First Amendment and freedom of speech - The First Amendment and freedom of speech
(This relates to commercial speech, which is partially protected under the First Amendment.)
Why was the Violence Against Women Act (VAWA) declared to be unconstitutional?
A. VAWA was unconstitutional because Congress can regulate only economic activities, not non-
economic activities that have an effect on interstate commerce
B. VAWA was declared unconstitutional because defendants under the act were not given their due
process rights under the Fourteenth Amendment
C. VAWA was declared unconstitutional under the Equal Protection Clause because men were not also
protected against violence under the statute
D. VAWA was declared unconstitutional because under the Supremacy Clause, states control all issues
related to crimes - VAWA was unconstitutional because Congress can regulate only economic activities,
not non-economic activities that have an effect on interstate commerce
(The VAWA case involved a commerce clause question because Congress was affording a remedy on an
issue that had always been non-economic and regulated by individual states.)
What is police power?
A. The police power is the authority of states to pass laws that promote public health and welfare
B. The police power is covered under the Fourth Amendment and is the authority to search private
property
C. The police power is the authority to take private property under eminent domain
,D. The police power does not exist under the U.S. Constitution because the U.S. Constitution creates
three branches of government, none of which are the police - The police power is the authority of states
to pass laws that promote public health and welfare
(The police power is the power to pass laws on food safety, road safety, and public health and many
other areas designed to keep society safe and healthy.)
The sufficient nexus test is used?
A. To determine whether a business operating within a state can be taxed by that state and how much
of its property and income is subject to taxation
B. To determine whether a business can be required to appear in a state court and defend itself against
a law suit brought against it in that state
C. To determine when Congress can regulate business activity by deciding whether there is a sufficient
nexus to interstate commerce
D. To determine whether the Supremacy Clause applies to a particular law when there is a state law in
conflict - To determine whether a business operating within a state can be taxed by that state and how
much of its property and income is subject to taxation
(The sufficient nexus test is the test for taxation. States cannot overreach in their taxation of businesses
that really do not have enough of a presence in the state to justify taking even a portion of their revenue
as subject to tax.)
The doctrine of preemption goes with which clause in the U.S. Constitution?
A. The Supremacy Clause
B. The Commerce Clause
C. The Due Process Clause
D. The Equal Protection Clause - The Supremacy Clause
(The Supremacy Clause provides that if Congress has so regulated an area so extensively, then states
cannot step in and also regulate -- they are preempted from regulation. The Honda case is an example of
state tort laws being preempted by federal auto safety standards and regulations.)
, You are the CEO of a telemarketing company. One of your employees posts political ads in his cubicle.
The company has a policy prohibiting this practice. The employee believes that you are violating his First
Amendment rights. He is
A. correct, since you are interfering with his exercise of political speech.
B. correct, since you are interfering with his exercise of commercial speech.
C. incorrect, since you are interfering with his exercise of dangerous speech.
D. incorrect, because your firm is not a governmental entity - incorrect, because your firm is not a
governmental entity
(Right. You have Constitutional rights when the government is taking action against you.)
What are the constitutional requirements for a city to take private property from a citizen?
A. There must be a public purpose and just compensation.
B. The city must need the land for a road or government building.
C. The city must be able to show that the land under its use will generate more tax dollars.
D. The city must be able to show that it cannot afford to buy the property. - There must be a public
purpose and just compensation.
(Eminent domain has been an issue of much discussion over the past year because of some controversial
decisions on what was a public purpose. When the land was taken for the purposes of building a
shopping center to encourage economic development, land owners filed suit contending that the public
purpose requirement did not allow taking private property from one owner and transferring it to
another private owner.)
Which of the following actions would not require due process?
A. The government taking away a business license
B. Evicting a tenant by the sheriff
C. Expelling a student from a public school
D. All of the above require due process before they can be completed. - All of the above require due
process before they can be completed
(All of these represent some form of property right and require some form of due process, or the right
to be heard, before they can be taken away.)
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