Business & Finance Chapter 4 The exclusionary rule that improperly gathered evidence may not 

subject Type Homework Help
subject Pages 9
subject Words 2252
subject Authors Al H. Ringleb, Frances L. Edwards, Roger E. Meiners

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104. The exclusionary rule that improperly gathered evidence may not be used at trial applies to natural persons, not to
artificial entities such as corporations.
a. True
b. False
105. In Skinner v. Railway Labor Executives Assn, the Supreme Court held that all mandatory breath, urine, and blood
tests are unconstitutional warrantless searches.
a. True
b. False
106. In Skinner v. Railway Labor Executives Assn, it was held that mandatory breath, urine, and blood tests may be
required of workers in "closely regulated" industries based on compelling public interest in safety, without violating
the 4th Amendment.
a. True
b. False
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107. The Fifth Amendment protects individuals against self-incrimination.
a. True
b. False
108. Braswell v. U.S. involved the sole shareholder of a company who refused to produce company records that were
subpoenaed. To protect himself, he successfully invoked the Fifth Amendment rule against self-incrimination.
a. True
b. False
109. Executives working for a corporation accused of a federal crime can be compelled to testify against their company
because the Fifth Amendment does not apply to corporations.
a. True
b. False
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110. The courts have ruled that it is not a violation of the Fourth Amendment for government agents to monitor online
chat rooms since there is no expectation of privacy in them.
a. True
b. False
111. The Fifth Amendment prohibits the taking of private property by government without compensation.
a. True
b. False
112. Under the Fifth Amendment's takings clause, the government cannot force a person to sell it property if the
government wants the property.
a. True
b. False
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113. In Kelo v. City of New London, Conn., the Supreme Court held the city violated the Fifth Amendment's takings
clause by forcing persons to sell their property so a private developer can gain control of it.
a. True
b. False
114. In Kelo v. City of New London, Conn., the Supreme Court held the city did not violate the Fifth Amendment's
takings clause by forcing persons to sell their property so a private developer could gain control of it for private
building purposes.
a. True
b. False
115. In Kelo v. City of New London, Conn., the Supreme Court held the city violated the Fifth Amendment's takings
clause by forcing persons to sell their property so the city could build a school on the property.
a. True
b. False
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116. You own a house on land that is subject to local zoning regulations. When you apply for a building permit to enlarge
your house, the zoning officials tell you that you will get the permit only if you give half of your backyard to the local
parks department. This is probably unconstitutional.
a. True
b. False
117. In Nollan v. California Coastal Commission, the Supreme Court held the Nollan's must pay compensation to the
government if they wanted to build on their beach property.
a. True
b. False
118. If a regulatory action by a government destroys half the value of a person's property, the Supreme Court has held
that the property owner must receive compensation under the Takings Clause.
a. True
b. False
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119. The Sixth Amendment addresses the right of persons to trial by jury in civil cases.
a. True
b. False
120. The Sixth Amendment holds that there is a right to jury trial in criminal cases.
a. True
b. False
121. The Sixth Amendment right to jury trial in criminal cases applies to federal cases, not state cases.
a. True
b. False
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122. You are charged with violating federal law because you allowed your factory to emit pollutants into the
atmosphere. You may be held liable for $500,000 in civil penalties, which would bankrupt you. You have no right to
a jury trial.
a. True
b. False
123. The Seventh Amendment provides for the right to jury trial in most common law cases.
a. True
b. False
124. The Sixth and Seventh Amendments provide for the right to jury trial in every kind of court case.
a. True
b. False
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125. The Eighth Amendment concerns cruel and unusual punishment and excessive fines.
a. True
b. False
126. If you are convicted of criminal drug-related activities in your home, your personal property may be confiscated by
the government (with no just compensation payment) without violating the Constitution.
a. True
b. False
127. A person caught taking over $350,000, in cash, out of the country without reporting the fact to the government was
required by the Supreme Court to forfeit the cash to the government; it was not an excessive fine in violation of the
Eighth Amendment.
a. True
b. False
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128. The Fourteenth Amendment has been a powerful device for extending federal constitutional guarantees to the
states and preventing states from passing laws diminishing federal constitutional protection.
a. True
b. False
129. Due process under the 14th Amendment may be violated when state action either shocks the conscience or offends
judicial notions of fairness and human dignity.
a. True
b. False
130. Due process rights are concerned with the fairness of law enforcement procedures as well as with the content of
legislation.
a. True
b. False
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131. The equal protection clause is part of the Bill of Rights.
a. True
b. False
132. Due process under the 14th Amendment may be violated when the state infringes on fundamental liberty interests
that fail a test of compelling state interest.
a. True
b. False
133. The protections of the Fourteenth Amendment, such as the Due Process Clause, apply to individuals, not
businesses.
a. True
b. False
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134. In Frensenius Medical Care Holdings v. Tucker, the appeals court held it did not violate equal protection to
restrict physician ownership of certain medical facilities.
a. True
b. False
135. In Frensenius Medical Care Holdings v. Tucker, the appeals court held it violated equal protection to restrict
physician ownership of certain medical facilities because no rational bsis was shown for the rule.
a. True
b. False
136. The equal protection clause of the 14th Amendment is used by the courts to ensure that all persons are treated
equally under the law.
a. True
b. False
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137. If a government rule applies differently to different persons, such as on the basis of age or sex, the equal protection
clause of the 14th Amendment may be violated.
a. True
b. False
138. If a government regulation applies differently to different persons, so long as it is applied "evenly" there is usually no
violation of the due process clause of the 14th Amendment.
a. True
b. False
139. It was a violation of the equal protection clause of the Constitution for states to have "Jim Crow" laws that served
to discriminate against minorities.
a. True
b. False
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140. It was a violation of the equal protection clause of the Constitution for the state of Virginia to offer certain higher
education benefits to men but not to women.
a. True
b. False
141. The state of Virginia did not violate the equal protection clause of the Constitution by having an all male military
academy because it offered alternative choices for women students.
a. True
b. False
142. In Corey Airport Services v. Clear Channel Outdoor, the appeals court held that Corey suffered a violation of
the Equal Protection Clause because the business was treated differently that similarly situated businesses with
respect to the regulations applied to it.
a. True
b. False
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143. In Corey Airport Services v. Clear Channel Outdoor, the appeals court held that Corey did not suffer a
violation of the Equal Protection Clause because the business was not part of a group that was shown to suffer
discrimination.
a. True
b. False

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