LEGAL ENV BUS HW
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. and A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.
Which of the following citations indicates that the citation is referencing state statutory law? Choose 2 answers.
Cal. Penal Code § 11164(a) (West 2020), and Ark. Code Ann. § 6-17-2401 (2020)
A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers.
It must not be overly restrictive to meet its objectives. It must seek to implement a substantial government interest. It must directly advance a government 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.
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.
The abbreviation "U.S." in the legal citation Brown v. Board of Education, 347 U.S. 483 (1954) references the:
Us reports
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 do legal professionals use to analyze court decisions that are relevant to their clients' cases?
case briefing
In the United States, who creates federal statutory law?
congress
Megan Kanka was raped and murdered in 1994, when she was only seven years old, by one of her neighbors. As a result of her murder, a federal statute was created that requires law enforcement authorities to make information available to the public regarding registered sex offenders. This federal statute was created by:
congress
State statutory law is created by:
elected members of the state legislature.
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
Zayden was recently arrested for driving while intoxicated. The law in his state defines the crime of driving while intoxicated as operating a motor vehicle on the public roads with a blood alcohol content over 0.8%. State law also states that anyone convicted of this crime has the right to appeal. Zayden recently took a criminal justice course in college and remembers studying the differences between substantive and procedural law. In his current situation, he knows that:
he law that defines the crime is a substantive law, and the law that provides for the right to appeal is a procedural law.
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 scruntiny
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
Which of the following is an example of federal agency regulations that impact business operations?
internal Revenue Service rules for business tax audits
If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may:
invalidate the law
Judge Jasper and his friend, Judge Judy, were debating the philosophical theories of jurisprudence. Judge Jasper believes that law is just one of many institutions in society and that it is shaped by social forces and needs. Judge Jasper believes in the theory of jurisprudence called:
legal realism
What type of speech does not receive First Amendment protections? Choose 3 answers.
obscenity threats to the president of the United States speech that incites lawlessness
Legal researchers will use which of the following tools to locate a court decision? Choose 2 answers.
online legal research engines such as Lexis, Westlaw, or Bloomberg, and bound volumes of reported court decisions, organized by jurisdiction, date, and courts
A legal citation for a court decision is used by legal professionals to research the law, and includes:
party names, location of the published case, court, and date of decision.
How a hearing or court case is conducted is governed by:
procedural 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
Substantive law governs a person's:
rights and responsibilities.
Joan's lawyer, Albert, feels pretty good about the chances of winning Joan's case. He has found a case directly on point, which means it has the same issue and very similar facts. If the court follows the decision in the case Albert found, then Joan will win her case. Albert argues Joan's case to the trial court, and the trial court decides for Joan. The fact that the trial court decided the case in Joan's favor is an example of:
stare decisis
Elton is a state representative for the North Dakota legislature. Recently, Elton and his colleagues in the legislature proposed a law that would increase the penalty drivers would have to pay if they pass a stopped school bus. The type of law that Elton and his colleagues will enact is known as:
statutory law
Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law?
supremacy clause
