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Question
A Massachusetts state statute imposes a prison term, without a trial, on all street performers who operate in certain areas. A court would likely review this statute under the principles ofa. the commerce clause.
b. the equal protection clause.
c. the due process clause.
d. the First Amendment.
Answer
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Related questions
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Bryce's accountant is Caleb and his attorney is Delilah. All states protect, as privileged information, Bryce's communications with
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b. Caleb only.
c. Delilah only.
d. neither Caleb nor Delilah.
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Pace is an attorney, whose clients include Quikfeet Running Shoes Company. Unless Quikfeet has violated securities law, the contents of Pace's file on Quikfeet may be disclosed to someone other than Quikfeet
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b. only under a court order (with or without Quikfeet's consent).
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Jerzy is an accountant whose clients include Kopper Kettle Restaurants, Inc. For a violation of securities laws, Jerzy may be subject to
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c. criminal liability.
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Longway Trucking, Inc., files a suit against Midge, an accountant, under the antifraud provisions of the Securities Exchange Act of 1934 and Rule 10b-5 of the Securities and Exchange Commission. To succeed in recovering damages, Longway must show that Midge
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Tiny is an accountant. Tiny's violation of generally accepted accounting principles and generally accepted auditing standards
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An accountant's liability under the Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934 requires privity of contract.
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Working papers are the documents through which a court orders an accountant to audit a public company.
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If a third party will be affected by a contract, the parties to the contract are in privity with the third party.
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Odiferous Waste Company is a subsidiary of Precarious Investments, Inc. Odiferous operates a hazardous waste disposal site. QuikChem Corporation is one of many parties who generate waste disposed of at the site. Odiferous borrows money from Regal Bank, which takes over the site when Odiferous goes bankrupt. The Environmental Protection Agency discovers a leak at the site. Can any of these private parties be forced to pay for the clean up? If so, who?
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Metal Smelting, Inc., operates a planta "major source"that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission. The plant does not use any equipment to reduce its emissions. Under the Clean Air Act, this is most likely
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b. a lesser harm than an injunction would impose on Wall Paint.
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When a release of hazardous chemicals from a site occurs, potentially responsible parties can avoid liability through transfer of ownership.
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The Environmental Protection Agency can regulate a toxic substance that poses an imminent hazard but cannot prohibit its use altogether.
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Those who knowingly violate the Clean Air Act are exempt from criminal penalties.
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Manufacturers are required to report on any products intended for sale if the products have proved to be hazardous.
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Counteradvertising requires a company to advertise the products of its competitor to counter its own false claims.
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Vague generalities and obvious exaggerations constitute deceptive advertising.
Q:
An act must substantially affect interstate commerce to violate antitrust law.
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Antitrust legislation was created because of the belief that competition leads to lower prices.
Q:
Luminescent Silicon Corporation, which controls 40 percent of the computer-chip market in the United States, merges with Micro Processors, Inc., which controls 15 percent of the same market. This merger is a violation
a. only if the result more clearly concentrates the market.
b. only if the result makes it more difficult for potential competitors to enter the market.
c. if the result more clearly concentrates the market and makes it more difficult for potential competitors to enter the market.
d. under no circumstances.
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b. business acumen.
c. predatory bidding.
d. price discrimination.
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c. provides no economic benefits for consumers.
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Fresh Vegetables, Inc., a wholesaler, refuses to sell its produce to Good Mart Stores, Inc., a retailer. This is
a. "an unfair or deceptive act or practice."
b. a per se violation.
c. not a violation.
d. subject to analysis under the rule of reason.
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An antitrust action is brought against Tri-State Transport Company, alleging the offense of attempted monopolization. To be guilty of this offense, Tri-State's attempt must have
a. a dangerous probability of success.
b. a deadly guaranty of success.
c. a distant possibility of success.
d. a distinct improbability of success.