Business Law Chapter 4
What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class?
intermediate scrutiny
You play drums in a band that is very popular on your campus. In addition to playing other groups' hit songs, your band plays music that you write. One of your songs has gone viral and has over five million "likes" on Facebook. Your band copyrighted this song and is selling the single via iTunes. You learn that someone in Spain is selling downloads of the song without your permission. You want to stop the unauthorized sales. You are aware of the Berne Convention, an international treaty that would require Spain to recognize your copyright and enable you to enforce your rights in that country. You are thrilled that this treaty exists and you wonder how it came into existence. How are international agreements like the Berne Convention adopted?
Treaties must be approved by the supreme power of each nation. In the United States, approval by both the president and the Senate is required. The treaty must pass in the Senate by a minimum vote of two-thirds.
Where are fundamental rights protected specifically in U.S. law?
Under substantive due process
Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers.
A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath. A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.
What is preemption in the Supremacy Clause?
Federal law is supreme over state law.
Which classification or scrutiny would be appropriate for a court to use to examine a state regulation requiring firefighters to be men because of the demanding physical requirements of the job?
Intermediate Scrutiny
A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers.
It must directly advance a government interest. It must not be overly restrictive to meet its objectives.
Substantive due process places which requirements on all governmental infringements of rights, whether those rights are fundamental or not? Choose 2 answer choices.
Legislation must further a legitimate governmental objective. Legislation must be fair and reasonable in content.
What restrictions on business speech are allowed by the First Amendment? Choose 2 answer choices.
Limitations on advertisements for alcohol Some advertising venues for tobacco
Which classification or scrutiny would be appropriate for a court to use to examine a state law regulating the price of milk. Choose 2 answer choices.
Minimal Scrutiny Rational Basis Test
You live in Texas. During the COVID-19 pandemic, you decide to visit your cousins in New York City. The number of coronavirus cases in New York state is at an all-time low. The number of cases in Texas, however, is at an all-time high. To help control the spread of the disease in New York, the governor of New York issues an order requiring that all visitors from Texas quarantine for two weeks upon arrival in New York. This order will be in effect at the time of your planned trip. You had hoped to visit some of the sites of New York City and do not want to spend two weeks inside at your cousin's house. You believe the order of the governor violates your fundamental right to interstate travel. Does the order of the governor restricting travel violate your substantive due process rights?
No, it doesn't, because the interest of the government in controlling the spread of coronavirus and protecting the health of New Yorkers is a compelling state interest.
During the pandemic of 2020, the City of Mayberry passes an ordinance that requires all citizens to wear a face mask in public. Addison believes that the government cannot regulate his personal behavior and refuses to wear a mask; he says that forcing him to wear a mask violates his constitutional rights! A police officer stops Addison on the street and arrests him for violating the city ordinance. Can Addison successfully challenge the mask ordinance on constitutional grounds?
No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power.
Esther is pulled over for crossing the yellow line with her automobile. The officer suspects Esther is intoxicated, so she administers a field sobriety test. Esther blows a .16 on the test, so the officer arrests Esther for DWI. Esther decides to fight the charge. Her defense is that she is an alcoholic, and the laws against driving while intoxicated unconstitutionally discriminate against her and other alcoholics. Does Esther have a valid defense to her DWI charge?
No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people.
What is true of corporate political speech? Choose 2 answers.
Political donations are protected by the First Amendment as types of corporate political speech. Corporate political speech is protected by the First Amendment.
What business speech is protected by the First Amendment?
Some types of advertising
Nevada passes a statute that any 18-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than 2.8 nitrous oxide (NOx). The federal statute requirement for such trucks is no more than 3.8 NOx. Carlton is driving his 18-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton's documents, notes that Carlton's truck has a 3.4 NOx emission level, and issues a citation. On what grounds might Carlton fight this citation?
The federal statute preempts the state statute under the Supremacy Clause.
In what situations does federal law preempt state law? Choose 2 answer choices.
When Congress passes very detailed laws When Congress passes a law and creates an agency to enforce that law
Tillie is served with a lawsuit to collect a debt Tillie allegedly owes to Big Ben Clocks. The summons attached to the lawsuit says that Tillie has thirty days to answer the complaint. Fifteen days later, Tillie receives a copy of a default judgment in the mail, directing Tillie to pay $1000 to Big Ben Clocks. Does Tillie have any grounds on which to have the default judgment set aside?
Yes, it is a violation of procedural due process.
Sofia works in the advertising department of Energy First, a company that manufactures a vitamin supplement that allegedly boosts a person's energy level. Sofia creates an advertisement for the product that states that Energy First has been clinically proven to boost energy levels when she knows that no such study has occurred. Can the government prevent Sofia from making such claims in her advertisements?
Yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary.
What is the system of government called in which states form a union and share sovereign power with the central government of the union?
federalism
Evander alleges that the state denied him unemployment because he quit rather than work in a location where his religious (select answer) would be violated, and he claims a violation of the (select answer) clause. In order to infringe upon Evander's rights in this way, the state must have a (select answer) interest that can only be served by infringing upon his rights.
beliefs free exercise compelling
A court is likely to find that the state's interest in reducing illegal drug activity, and the associated criminal activity, is a (select answer) interest that would justify violating Evander's religious freedom. If the court considers the state's reasons sufficient, it is likely to find that the regulation that violates Evander's religious freedom is (select answer) if the regulation is the only way to meet that government objective.
compelling valid
In order to financially support himself, Evander either had to select answer working for the military division or needed to (select answer) unemployment benefits. In order to receive unemployment benefits, Evander could not (select answer) , but instead had to (select answer) . Evander's company did not (select answer) him; instead, it allowed him an opportunity to continue working, but for the military division.
continue receive quit voluntarily be terminated terminate
Freedom of religion is divided into two major categories. The first prevents the government from (select answer) a state-sponsored religion, promoting or preferring religion. The second component of religious freedom guarantees that people can believe what they want to believe and is called the (select answer) clause. The free exercise clause has an absolute protection related to ( select answer) but the government may restrict an individual's (select answer) in order to maintain order.
establishing free exercise beliefs actions
What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers.
intermediate scrutiny rational basis review strict scrutiny
If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may:
invalidate the law.
What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights?
rational basis review
What type of speech does not receive First Amendment protections? Choose 3 answers.
speech that incites lawlessness threats to the president of the United States obscenity
Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law?
the Supremacy Clause
According to Evander, continuing to work for the military division would (select answer) Evander's religious beliefs. Because of the state's regulation, Evander either had to (select answer) his religious beliefs and continue working for the military division or give up unemployment compensation. Because the state forced Evander to choose between his religion and his unemployment benefits, the state (select answer) violate his free exercise rights.
violate violate did
