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Question	Answer
Article I of the U.S. Constitution establishes the executive branch of government.	False
Article III of the U.S. Constitution establishes the judicial branch of government.	True
The U.S. Constitution is an example of code law.	False
The Bill of Rights contains the Commerce Clause.	False
The Bill of Rights covers freedom of speech.	True
The Commerce Clause authorizes Congress to regulate interstate and international commerce.	True
If the underlying activity Congress attempts to regulate is not economic in nature, authority for such regulation is not part of the Commerce Clause.	True
The Supreme Court uses the direct and immediate effect test in reviewing congressional regulation of interstate commerce.	False
State regulation of commerce is controlled by both the commerce and supremacy clauses.	True
One state can impose a tax on a corporation's property if the corporation does any business in the state.	False
In supremacy clause cases, legislative intent of Congress is examined.	True
In supremacy clause cases, the pervasiveness of the regulatory scheme is examined.	True
The states' police powers are subject to a balancing test.	True
Corporate political speech is afforded the same First Amendment protection as individual political speech	True
Substantive due process is the same as procedural due process.	False
The First Amendment does not cover corporate ads on ballot propositions.	False
Corporate political speech enjoys less First Amendment protection than individual political speech.	False
A state law that covers all businesses cannot give in-state businesses an advantage over out-of-state businesses.	True
A state law that exempts in-state businesses is not a proper exercise of police powers.	True
To be constitutional, federal statutes regulating commerce within a state must involve some economic activity.	True
A statute that requires only out-of-state milk companies to undergo additional testing for their products is unconstitutional.	True
States have authority over international commerce that comes within their borders and can circumvent U.S. treaties.	False
Taxes on sales across the Internet will be subject to constitutional protections and constraints.	True
The Internet Tax Freedom Act of 1998 prohibits sales tax on Internet transactions. SA22 p. ??	False
The Commerce Clause was the basis for federal authority for passing and enforcing the Civil Rights Act.	True
In those areas in which federal laws and regulation are extensive and detailed, the likelihood is that the Supremacy Clause precludes state regulation.	True
Requiring farmers shipping goods from outside the state to use only in-state companies for transportation is not a proper exercise of the police power	True
Advertising is commercial speech and cannot be limited because of First Amendment protections.	False
An unconstitutionally vague statute is a violation of substantive due process rights.	True
The Supremacy Clause:	controls whether Congress or the states have the authority to regulate commerce.
Which of the following is not a requirement for a valid state tax?	Tax cannot apply to businesses in interstate commerce.
The balancing test:	is one applied in state regulation of interstate commerce.
Corporate political speech:	enjoys full First Amendment protection.
Police power is:	the states' power to pass laws to promote public welfare and health and safety.
The rights of land owners in eminent domain are protected by the:	Fifth Amendment.
Substantive due process rights:	prevent laws that take property without reason and justification.
LL Bean has warehouse facilities in Maine, Nevada, Washington, Idaho, Utah, and North Dakota.	Any state in which LL Bean has warehouses can tax LL Bean on the inventory in that state.
Which of the following qualifies as a presence in a state for purposes of collecting sales tax from an Internet merchant?	All of the above constitute a qualifying presence.
In which of the following areas of constitutional law is the balancing test used?	state police powers
In which of the following areas of constitutional law is the nexus test used?	state taxation of commerce
State and local governments can exercise eminent domain under the Kelo decision:	if there is a plan for economic development or revitalization.
ch 5 q 42	State U officials must still provide Janis with a hearing on the University charges.
Before administrative agencies' rules become law, there must be congressional approval.	False
An administrative agency is neither a legislative nor a judicial body.	True
An enabling act is an act approving rules promulgated by an administrative agency	False
The Federal Privacy Act is part of the Administrative Procedures Act.	True
The Freedom of Information Act is part of the Administrative Procedures Act	True
Reverse FOIA suits are suits by agencies to stop disclosures	False
Law enforcement agencies are exempt from the Federal Privacy Act.	True
The Government in the Sunshine Act is often referred to as an open-meeting law.	True
The Government in the Sunshine Act applies to all federal administrative agencies.	False
The Federal Register Act is part of the Administrative Procedures Act	False
The Code of Federal Regulations contains all the regulations of federal agencies.	True
Only consumers have rights of comment during the public comment period.	False
During the public comment period for a proposed rule, only affected businesses can make comments.	False
Hearings are required in all federal rule proposals.	False
A rule is arbitrary and capricious if there is no evidence to support its promulgation	False
The substantial evidence challenge cannot be used in cases where formal rule-making procedures were followed.	False
An ultra vires challenge is a challenge of the agency's jurisdictional authority on a rule.	True
Many federal agencies use licensing as a means of enforcement	True
A consent decree is similar to a nolo contendere plea.	True
A consent decree is similar to a plea bargain.	True
A consent decree is a guilt plea.	False
Appeals of federal administrative agency decisions go to federal district court.	False
Administrative remedies must be exhausted before a court will review agency actions	True
The Federal Register System includes the Federal Register, the Code of Federal Regulations, and the United States Code.	False
The public comment period of 30 days in federal agency rule making can be shortened in cases of emergency.	True
Inspections are a means of enforcement for administrative agencies.	True
Inspections by administrative agencies require a search warrant unless the business owner gives permission.	True
Under the FOIA, agencies are not permitted to charge for copying costs.	False
Under the federal sunshine laws, agency staff members may hold meetings without notice.	True
The Federal Register Act is part of the Administrative Procedures Act.	False
An ultra vires challenge to an administrative regulation is one brought on the grounds of procedural error.	False
Law enforcement purposes are an exception to the prohibited exchanges of information among agencies under the Federal Privacy Act.	True
Only businesses can provide input during the comment period of rule making.	False
Federal agencies do not have the authority to issue fines.	False
Licensing and inspection are the only enforcement tools of administrative agencies.	False
The Government in the Sunshine Act requires advance notice of agency meetings and hearings.	True
The 30-day comment period can be waived for emergency rulemaking.	True
Appeals of federal agency decisions to courts of appeal require a grant of certiorari.	False
Which of the following is not exempt from an FOIA request?	internal agency policies on copy charges
A reverse FOIA suit is:	a suit to stop disclosure of information.
A consent decree is:	comparable to a nolo contendere plea.
Ralph Watkins is the pres of Animal Crackers, Inc. They operate childrens' clothing stores. Ralph has received notice of charges by the FTC against them for deceptive advertising. He wants to know the thier rights. Which statement is true?	Animal Crackers could dispose of the matter through a consent decree.
Which of the following is not part of the Administrative Procedures Act?	Federal Register Act
Notice of a proposed federal regulation:	in the Federal Register need not contain background informationl.
The FDA had approved a new diet drug for the market. The agency pulled the approval and the drug off the market because a staff member said, "This drug didn't work for me." The manufacturer of the drug could challenge the FDA action:	any of the above
Choose the one with the correct ordering of rulemaking functions from among the following:	enabling statute, studies of issues, comment period, promulgation
If a company challenges a penalty imposed by an administrative agency, which of the following is the correct order for its appeal?	ALJ, agency commissioners, judicial challenge
ch 6 q 49	failure to comply with statutory procedures
ch 6 q 50	is using the emergency exception for the time waiver on rulemaking.
An agency that fails to investigate the issues before proposing a rule has acted arbitrarily and capriciously.	True
Mens rea is the particular mental state required to establish a crime	True
Mens rea is the conduct required for a crime.	False
RICO is a federal criminal statute.	True
RICO applies only to corporations.	False
The Fourth Amendment is the Miranda warning amendment.	False
The Sixth Amendment is the right-to-speedy trial amendment.	True
Probable cause is required only for warrantless searches.	False
The exceptions for obtaining warrants include evidence in "plain view."	True
The Fourth Amendment privacy protections do not apply to business records.	False
"Taking the Fifth" refers to the Fifth Amendment protection against self-incrimination.	True
Corporate officers cannot invoke the Fifth Amendment for a corporation.	True
A preliminary hearing is the same proceeding as an arraignment.	False
The omnibus hearing is held before the preliminary hearing	False
The defendant enters his/her plea at the arraignment.	True
Bond or bail is established at the initial appearance.	True
A grand jury issues an information.	False
Plea bargaining is done only before the arraignment.	False
A grand jury is composed of judges.	False
Corporate officers are not liable for acts delegated to subordinates.	False
The failure to follow crime prevention programs can result in harsher sentences under the U.S. corporate sentencing guidelines.	True
Employee protection against retaliation for reporting activities is a critical part of crime prevention under U.S. guidelines.	True
Bribery is an ethical violation, but is not a crime.	False
An employee who is following orders cannot be held liable for any criminal charges that result from that conduct.	False
Voluntary reporting of criminal violations reduces a company's fines under the federal sentencing guidelines.	True
The corporate sentencing guidelines provide a mathematical formula for determination of corporate sentences for crimes.	True
The Economic Espionage Act makes it a crime to take trade secrets by computer.	True
For some crimes, the white-collar kingpin law imposes minimum mandatory sentences on certain corporate officials.	True
"Know The Customer" is a training program for employees on preventing money laundering.	True
The transfer of copyrighted material worth over $1000 over the Internet is a crime.	True
Mens rea can be established without a confession.	True
The USA Patriot Act requires those handling large sums of cash to verify the sources of those funds.	True
Commercial bribery is only criminal for the recipient.	False
Software can be copyrighted and protected under the Berne and Paris Conventions.	True
Under the Federal Computer Fraud and Abuse Act, unauthorized access to government computers is a felony.	True
The "culpability multiplier" is part of the U.S. sentencing guidelines.	True
The White-Collar Criminal Penalty Act of 2002 is known as the King Pin Act.	False
SOX is the shorthand for the Sarbanes-Oxley business crime legislation.	True
Warrants are not required in cyberspace.	False
Some existing criminal statutes apply to activity over the Internet, such as statutes that prohibit money laundering.	True
Fourth Amendment rights still apply on the Internet.	True
Judges are increasing the use of monitors for corporations in sentencing.	True
Monitors are not permitted to have daily access to a corporation.	False
Mens rea is the particular mental state required to establish a crime.	True
Mens rea is the conduct required for a crime.	False
RICO is a federal criminal statute.	True
RICO applies only to corporations.	False
The Fourth Amendment is the Miranda warning amendment.	False
The Sixth Amendment is the right-to-speedy trial amendment.	True
Probable cause is required only for warrantless searches.	False
The exceptions for obtaining warrants include evidence in "plain view."	True
The Fourth Amendment privacy protections do not apply to business records.	False
"Taking the Fifth" refers to the Fifth Amendment protection against self-incrimination.	True
Corporate officers cannot invoke the Fifth Amendment for a corporation.	True
A preliminary hearing is the same proceeding as an arraignment.	False
The omnibus hearing is held before the preliminary hearing.	False
The defendant enters his/her plea at the arraignment.	True
Bond or bail is established at the initial appearance.	True
A grand jury issues an information.	False
Plea bargaining is done only before the arraignment.	False
A grand jury is composed of judges.	False
Corporate officers are not liable for acts delegated to subordinates.	False
The failure to follow crime prevention programs can result in harsher sentences under the U.S. corporate sentencing guidelines.	True
Employee protection against retaliation for reporting activities is a critical part of crime prevention under U.S. guidelines.	True
Bribery is an ethical violation, but is not a crime.	False
An employee who is following orders cannot be held liable for any criminal charges that result from that conduct.	False
Voluntary reporting of criminal violations reduces a company's fines under the federal sentencing guidelines.	True
The corporate sentencing guidelines provide a mathematical formula for determination of corporate sentences for crimes.	True
The Economic Espionage Act makes it a crime to take trade secrets by computer.	True
For some crimes, the white-collar kingpin law imposes minimum mandatory sentences on certain corporate officials.	True
"Know The Customer" is a training program for employees on preventing money laundering.	True
The transfer of copyrighted material worth over $1000 over the Internet is a crime.	True
Mens rea can be established without a confession.	True
The USA Patriot Act requires those handling large sums of cash to verify the sources of those funds.	True
Commercial bribery is only criminal for the recipient.	False
Software can be copyrighted and protected under the Berne and Paris Conventions.	True
Under the Federal Computer Fraud and Abuse Act, unauthorized access to government computers is a felony.	True
The "culpability multiplier" is part of the U.S. sentencing guidelines	True
The White-Collar Criminal Penalty Act of 2002 is known as the King Pin Act.	False
SOX is the shorthand for the Sarbanes-Oxley business crime legislation.	True
Warrants are not required in cyberspace.	False
Some existing criminal statutes apply to activity over the Internet, such as statutes that prohibit money laundering.	True
Fourth Amendment rights still apply on the Internet.	True
Judges are increasing the use of monitors for corporations in sentencing.	True
Monitors are not permitted to have daily access to a corporation.	False
The Economic Espionage Act covers:	the copying, downloading or electronic transfer of trade secrets.
In criminal procedure, the initial appearance:	is where bail is set.
The purpose of an omnibus hearing is to:	hear evidentiary challenges.
Most RICO charges involve:	mail fraud, wire fraud or securities fraud.
Which of the following is not an element of the crime of embezzlement?	All of the above are elements of embezzlement.
The Fourth Amendment protections:	apply to individuals.
The Fifth Amendment protections:	none of the above
The failure to give the Miranda warnings:	is a problem only if the defendant is in custody.
The No Electronic Theft Act	makes it a crime to use the Internet to pass along copyrighted material even when there is no profit.
Mens rea is:	none of the above
The FBI wants to conduct a search of your work computer. To do so:	either a or b
ch 8 q 96	is probably guilty of obstruction of justice.
Which act makes it a crime to willfully infringe copyrighted materials via electronic means that worth more than $1,000?	The No Electronic Theft Act
What is usually the basis of RICO civil suits?	criminal fraud or wire fraud
Which of the following laws require businesses to report cash transactions involving $10,000 or more?	all of the above
The "Know They Customer" program:	is a federal program related to detecting money laundering.
Officer Muldoon is on foot patrol in Tempe, Arizona when he looks inside a garage (the garage door is open) and sees a statute that he knows is a rare art work that was stolen the night before from a building downtown. Officer Muldoon:	none of the above
Jason Ormand was arrested on suspicion of sexual assault. The arresting officers did not give Jason his Miranda warnings. Jason confesses to the assault. The DNA evidence taken from the victim shows with 99% certainty that Jason was her attacker.	The case can still proceed with the DNA evidence.

Created by: shanekory

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