QuestionQuestion

1. The Commerce Clause of the Constitution has been used to greatly expand the powers of the federal government to regulate commerce between the states.
2. As long as a person does not sell their wares out of state, the Commerce Clause does not apply and that business cannot be subjected to federal regulations.
3. The Bill of Rights protects people against other, ill-intended people.
4. The Fourth Amendment limits only civil court cases under the limitation against "double jeopardy."
5. There are two religious prohibitions as to the government in the First Amendment.
6. The Fifth Amendment prohibits the police from entering ones private dwelling without proper warrants.
7. The Due Process Clause is applied to the Federal Government through the Fifth Amendment and to the states through the Fourteenth Amendment
8. The Due Process Clause has both substantive and procedural components.
9. Substantive Due Process is a matter of a given law not being overbroad nor vague, In other words, the law cannot entrap too many unintended people in its web nor be so vague that the common person cannot understand the meaning of the law.
10. Procedural Due Process is a matter of a person having a right to being treated fairly as that persons goes through the legal process; e.g having a right to be heard, a right to call witness, a right to confront his accusers, etc.
11. If a federal law denies a person rights without that person having a chance to argue his position, that law is likely unConstitutional due to lack of due process.
12. If a federal law imposes a duty on some people, but not others, the law is de facto unConsititutional For instance, the law prohibits some people from owning or possessing firearms (a Second Amendment right), that law is, in fact, unConstitutional.
13. In order for a law which impacts a non-fundamental right to meet Constitutional muster, the federal government must show that the law is necessary to promote a compelling state interest.
14. If a law is fundamental, it will be subject to the "strict scrutiny" test to determine if it meets "Constitutional muster".
15. It is far easier for a law to overcome a challenge to its Constitutionality if the challenge is on the basis of a rational basis (legitimate government interest), as opposed to strict scrutiny (compelling state interest.)
16. Equal protection challenges to laws which effect gender are typically based on the intermediate standard; if the law is "substantially related to important government objectives."
17. Commercial speech is seen as important as political speech and is therefore equally protected by the Constitution
18. There should be "governmental involvement" before the rights enumerated or inherent in the Constitution can be applied.
19. There has been an expansion of governmental power through an interpretation of the Constitution to provide implicit powers to the government
20. The Constitution states that the government cannot take property from an individual citizen unless that seizure is for a public good and there is just compensation of the individual for the taking. A Supreme Court ruling has greatly expanded on the interpretation of the meaning of "public good".
21. An administrative search is unConstitutional unless a proper warrant is issued.
22. Federal preemption is in part product of the North winning the Civil War.
23. The Constitution prohibits the government from granting any Title of Nobility.
24. The Contract Clause restricts the states' right to interfere with private contracts, such as passing laws which forgive private debts.
25. Bills of Attainder are Constitutionally prohibited.
26. Ex Post Facto laws make punishable now an act which was done when legal.
27. If there were no Full Faith and Credit clause in the Constitution, it would be harder to get a divorce in California of a Florida marriage.
28. The Founders of America and the colonies held a belief in natural law, that is, that there are rules which are not just made up, but which are consistent with nature and God. This belief is apparent in the Declaration of Independence
29. Statutes are "made-up" laws whereas the common law is based on tradition, customs, and precedent.
30. The government of the United States is divided into three parts; the legislative which makes the laws, the judicial which interprets the laws and decides if they are consistent with the Constitution, and the executive which enforces the laws and also makes the laws and interprets them.
31. An equitable remedy is typically a matter of a fine or a jail term, whereas a legal remedy is where the government tells someone to do something or not to do something, such as with a restraining order.
32. A statute of limitations is a period of time beyond which a legal entity, such as a person or corporation loses their right to file a lawsuit.
33.The Harvard Law Review is an example of a source of primary law which can be cited in arguing a case.
34. The government is curtailed in its activities by the Constitution The government is authorized to do only those activities which it is allowed to do by the Constitution
35. The use of the Commerce Clause to provide government a right to act has been greatly expanded within the last 60 years. The use of a telephone by a store owner while placing an across-town order for supplies might bring that store under the aegis of the Commerce Clause.
36. Fred always wanted to be a cop. He got a job as a security officer. One night he was curious at to what was in a car parked on a driveway on one of the streets he patrolled. He stopped, walked onto the driveway, pried open the trunk and found a large amount of a controlled substance which he turned into the authorities. A suppression hearing was held wherein the defendant argued that the seized drugs could not come into evidence as Fred had no warrant. The defendant will be successful.
37. The outcome in the above question would clearly be the same if Fred were an off-duty police officer at the time of the seizure.
38. Fred is a neighborhood security guard for a private patrol company. As such, his acts during his hours of employment are not effected by the rights enumerated in the Constitution
39. If Fred (cf. 38 above), while on patrol, pries open a car trunk therein finding illegal drugs belonging to Jake, at a subsequent trial, the drugs cannot come into evidence as they are prohibited by the Constitution prohibition against illegal search and seizure.
40. At a consequent suppression hearing, Jake's attorney should try to show that Fred's behavior was "State Action".
41. Elmer was a new hire at the law firm of Dewie, Chetim, and Howe. He was paid to keep an eye on the goings-on in the firm. He dressed in street clothing and other employees thought he was the new mail clerk. It was Elmer's custom to search through the desks of the other employees after they all had left work, doing so without permission of the employees. One day he found illicit drugs in Zeke's desk. This evidence cannot be used in a criminal prosecution as it was improperly found by Elmer.
42. The employees of HackedDrive Inc. extensively use email for both internal and external company related communication One day Jake sends an email to a friend saying; "I'm underpaid and so am skimming the petty cash funds to supplement my income." The company, unknown to Jake, monitors each and every email. Consequently Jake was fired and criminally prosecuted. The evidence will likely be suppressed based upon Costitutional grounds
43. The government wants to catch criminals. They have asked (demanded?) internet related companies to turn over records of emails and telephone calls and conversations The government does not have a warrant for this information The government clearly is engaging in UnConstitutional activities.
13. Quipe Industries provided the following information for the year ending June 30, 2014.
Increase in inventories                           $ 42
Purchased treasury stock                         25
Purchased property and equipment         27
Net income                                              495
Decrease in accrued income taxes          63
Depreciation and amortization                168
Decrease in accounts payable                15
Increase in accounts receivable               39
Increase in long-term debt                      150
What was Quipeindustries" cash flow from financing for the year ending June 30, 2014?
$125
-$202
-$27
$63

14. The following financial data of Covise Corp. for the past fiscal year is given.
Net income                                     $34,000
Increase in accounts payable          14,000
Increase in accrued income taxes    14,000
Increase in accounts receivable       16,000
Depreciation                                     22,000
Calculate company's cash flow to investors from operating activities?
$56,000
$68,000
$46,000
$44,000

15. Finore Manufacturing has the following amounts on its 12/31/14 balance sheet.
Cash                                     $150
Other current assets                397
Property, plant, & equipment, net of depreciation    538
Current liabilities                      324
Total Liabilities                         504
What was Finore Manufacturing's equity as on December 31, 2014?
$484
$581
$257
$214

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