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LES 305 Business Law and Ethics (Exam 2) Questions and Answers
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LES 305 Business Law and Ethics (Exam 2) Questions and Answers 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 an...

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  • December 2, 2024
  • 13
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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  • LES 305 Business Law and Ethics
  • LES 305 Business Law and Ethics

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LES 305 Business Law and Ethics (Exam 2) Questions and
Answers
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 - AnswerSeperation 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 - AnswerChecks 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? - AnswerShe
has no constitutional rights

/.Under the Commerce Clause, the federal government has the right to regulate any
area of business - Answerhat impacts interstate commerce.

/.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 - Answercarrying 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. - AnswerTrue

/.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 Rights Act to Ollie's? - AnswerYes.

, 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? - AnswerPolice
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. - AnswerFalse

/.The requirements to impose a valid state tax that is levied upon goods originating out
of state include - Answera. 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.*

/.Pen Corporation is a Delaware corporation with offices and warehouses in Arizona and
California. Pen owns no property in North Carolina and has no employees in North
Carolina. Pen sells office supplies via catalog. North Carolina imposed a retail use tax
on Pen on sales to North Carolina residents. Is this tax valid? - AnswerYes. Pen
purposefully directed its activities at North Carolina and could be required to pay taxes.

/.LL Bean has warehouse facilities in Maine, Nevada, Washington, Idaho, Utah, and
North Dakota. - AnswerAny state in which LL Bean has warehouses can tax LL Bean on
the inventory in that particular state.

/.One of the issues that courts review to determine whether a federal law preempts a
state law is whether the federal government expresses a desire to be the exclusive
regulator in this arena. - AnswerTrue

/.The state of Wyoming has just passed a law requiring all cars entering the state to be
equipped with side air bags. The federal government has expressed its desire to
preempt any state laws relating to automobile safety equipment. Therefore, the
Wyoming requirement: - Answeris preempted by the federal requirement

/.The federal government passed several laws prohibiting the production, sale and
consumption of alcohol for non-medicinal purposes. The legislation specifically allowed
and encouraged states to pass laws prohibiting the consumption of alcoholic beverages.
If a state did pass laws prohibiting the sale of alcohol on Sundays, then - AnswerThe
federal law and the state laws will both be valid

/.The Arizona Employer Sanctions Law requires Arizona businesses to verify a
prospective worker's legal status using the E-Verify system before hiring the worker.

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