law chapter 6

True or false: According to the U.S. Constitution, freedom of commercial speech for corporations is always as extensive as the right of an individual.

False

Due process protections in the US Constitution as it is applied in state and local situations is guaranteed under which Amendment?

Fourteenth

The language that involves giving equal protection to all US citizens is found in the Amendment.

Fourteenth

Identify the true statements about freedom of commercial speech provided by the U.S. Constitution.

Freedom of commercial speech protects individuals as well as corporations. Freedom of commercial speech protects the public's right to information by allowing corporations to add to the public's knowledge.

Identify the true statements about freedom of commercial speech provided by the U.S. Constitution.

Freedom of commercial speech protects the public's right to information by allowing corporations to add to the public's knowledge.

The minimum rationality approach

The challenged law and its classifications are usually found not to be a violation of equal protection.

The strict scrutiny approach

The classifications are usually found to be unconstitutional under the equal protection clause.

The authority of the state and local governments to regulate business activity comes from _____.

a concept known as police powers

The__________ clause of the U.S. Constitution states that no state shall pass any law impairing the obligation of contracts.

contract

The separation of powers between various levels of government is known as

federalism

According to the First Amendment to the U.S. Constitution, Congress shall make no law prohibiting the free exercise of religion thereof. This provision is known as the

free exercise

According to the First Amendment to the U.S. Constitution, Congress shall make no law prohibiting the free exercise of religion thereof. This provision is known as the clause.

free exercise

Freedom of speech, guaranteed by the U.S. Constitution, is sometimes referred to as _____.

freedom of expression

Identify the features of the strict scrutiny test under the equal protection clause of the U.S. Constitution.

A classification will be a denial of equal protection unless it is necessary to achieve a compelling state purpose. The law must serve important governmental objectives to withstand constitutional challenge when this test is used.

What compensates individuals for harm inflicted by defamatory printed falsehoods under the U.S. Constitution?

A libel case

The Thirteenth Amendment

Abolishment of involuntary servitude and slavery

Which article of the U.S. Constitution contains the privileges and immunities clause and the full faith and credit clause?

Article IV

The Sixteenth Amendment

Authorization of the federal income tax

If an issue effecting commerce involves interstate activities that effect the nation as a whole such government regulation would be considered?

Exclusively federal

State statutes that affirmatively discriminate against transactions and burden interstate commerce

Cases are subject to more demanding scrutiny than those in the other category.

The Fourteenth Amendment

Choice, It contains a due process clause applicable to local and state governments. It contains a due process clause applicable to local and state governments.

Identify the true statements about the basic protections provided by the U.S. Constitution.

Constitutional guarantees and the extent of their limitations depend on the nature of competing public policies. Constitutional guarantees exist in order to protect the minority from the majority.

State statutes that burden interstate commerce only incidentally

Courts weigh the burdens against the benefits and find undue burdens only if they clearly exceed the local benefits.

The Fourteenth Amendment

Due process and equal protection

Identify the true statements about freedom of the press.

Freedom of the press is not absolute. Freedom of the press is usually construed to prohibit prior restraints on publications.

Which of the following is the meaning of the term "due process of law"?

Government may not act in a manner that is arbitrary, capricious, or unreasonable.

Which of the following does the commerce clause prohibit state laws from doing?

Imposing undue burdens on interstate commerce

Article VI

It clarifies that federal laws take priority when there is a conflicting state or local law.

The Fifth Amendment

It contains a due process clause applicable to the federal government.

Identify the various aspects of freedom of speech protected by the First Amendment to the U.S. Constitution.

It covers conduct or actions considered symbolic speech. It covers both verbal and written communications. It means freedom to express ideas antagonistic to those of the majority.

Which of the following is true of the concept of preemption?

It deems a state law unconstitutional if it attempts to regulate an activity that has been preempted by a federal law.

Identify a true statement about the equal protection clause under the Fourteenth Amendment of the U.S. Constitution.

It embodies the ethical idea that law should not treat people differently without a satisfactory reason.

Article IV

It ensures that one nation versus individual states will provide the framework for commercial activities and citizenship.

Identify the true statements about the contract clause of the U.S. Constitution.

It generally limits alternatives available to state government. It prevents the enactment of legislation that changes existing contract rights.

Which of the following is true of the commerce clause found in Article 1, Section 8, of the U.S. Constitution?

It gives rise to the federal government's power to regulate business activity.

Article I

It gives the power to the government to regulate business.

In the context of freedom of speech, identify a true statement about obscenity.

It is considered unprotected speech.

Which of the following is true of the contract clause of the U.S. Constitution?

It prevents states from enacting laws that impact duties and rights under existing contracts.

Identify the true statements about the contract clause of the U.S. Constitution.

It prevents the enactment of legislation that changes existing contract rights. It generally limits alternatives available to state government.

Article V

It provides the process governing the amendment of the Constitution.

Article VII

It states that the Constitution will become effective upon ratification of the states.

Identify the provisions of the Fourteenth Amendment to the U.S. Constitution.

No state shall enforce any law which shall abridge the immunities or privileges of citizens of the United States. No state shall deprive any person of life, liberty or property, without due process of law. No state shall deny to any person within its jurisdiction the equal protection of the laws.

Identify the areas that require analysis according to the commerce clause of the U.S. Constitution

Regulation of foreign commerce Possible limitations on federal regulatory authority

Identify the areas that require analysis according to the commerce clause of the U.S. Constitution.

Regulation of foreign commerce Possible limitations on federal regulatory authority

In the context of business regulation, which of the following limitations on police powers are included in the dormant commerce clause concept?

State regulations must not be arbitrary, capricious, or unreasonable. State regulations must not violate the commerce clause of the U.S. Constitution.

Which of the following do procedural due process cases involve?

Whether proper notice has been given Whether a proper hearing has been conducted

Identify a true statement about the concept of just compensation as stated in the U.S. Constitution.

The courts generally define just compensation in terms of market value.

Identify the true statements about court actions and laws associated with the minimum rationality approach.

The courts will assume any statement of facts that can be used to justify the classification. The laws often involve economic issues or social legislation such as welfare laws.

Identify the provisions of the Fourteenth Amendment to the U.S. Constitution that are of special importance to businesspeople

The equal protection clause The due process clause

Identify the provisions of the Fourteenth Amendment to the U.S. Constitution that are of special importance to businesspeople.

The equal protection clause The due process clause

In the context of the commerce clause of the U.S. Constitution, identify a true statement about the regulation of foreign commerce.

The federal government can allow commerce with restrictions.

Identify the true statements about the relationship between Congress and the interstate commerce of the United States

The power of Congress over commerce is very broad; it extends to all interstate commerce, be it great or small. The persons engaged in interstate commerce as well as the activities affecting it are regulated by Congress.

Identify the true statements about the relationship between Congress and the interstate commerce of the United States.

The power of Congress over commerce is very broad; it extends to all interstate commerce, be it great or small. The persons engaged in interstate commerce as well as the activities affecting it are regulated by Congress.

Which test or approach under the equal protection clause of the U.S. Constitution is used if a classification involves either a fundamental constitutional right or a suspect class?

The strict scrutiny test

Which clause of the U.S. Constitution recognizes the importance and existence of private ownership, but allows the government to condemn and obtain specific private resources for money?

The takings clause

In the context of business regulation, identify a true statement about police powers.

They require state legislation and regulation to protect the public's health, safety, morals, and general welfare.

Exclusively federal regulations

Those internal matters where uniformity on a nationwide basis is essential

Exclusively state regulations

commerce Intrastate activities that do not have a substantial effect on interstate commerce

The _____ of the U.S. Constitution declares that Congress shall have power to control trade with foreign nations, among several states, and with the Indian tribes.

commerce clause

A major area of litigation involving freedom of the press involves _____.

defamation

In the context of the test that determines if speech is legally obscene, a work is said to be obscene if it _____.

depicts an offensive sexual conduct or content

The concept of federalism recognizes that _____.

each level of government has a distinct and separate role to play

According to the Fifth Amendment to the U.S. Constitution, refers to the power of the government to take specific resources away from private owners for public use upon the payment of just compensation.

eminent domain

The First Amendment to the U.S. Constitution states that Congress shall make no law respecting an establishment of religion. This statement is referred to as the

establishment

The First Amendment to the U.S. Constitution states that Congress shall make no law respecting an establishment of religion. This statement is referred to as the clause.

establishment

True or false: According to the U.S. Constitution, the power to regulate foreign commerce is vested exclusively in the local government.

false

True or false: In the context of the equal protection clause of the U.S. Constitution, classifications that are subject to strict judicial scrutiny are presumed to be fair and reasonable.

false

True or false: Labeling an activity an "intrastate" or "local" activity prevents Congress from regulating it under the commerce clause of the U.S. Constitution.

false

True or false: Procedural due process cases cannot involve procedures that are not created by statute.

false

True or false: The concept of preemption does not apply to federal statutes and the rules and regulations of federal administrative agencies.

false

True or false: The overbreadth doctrine was used by the U.S. courts to declare all versions of child pornography laws constitutional.

false

The quasi-strict scrutiny approach under the equal protection clause of the U.S. Constitution is used in cases involving classifications based on _____.

gender

According to the U.S. Constitution, the due process clause applies only to _____.

governmental bodies

According to the Second Amendment to the U.S. Constitution, an act is said to be unconstitutional if it _____.

infringes the right of people to keep and bear arms

In the context of dual regulation of subject matters, state law must fall under the supremacy clause and the commerce clause when _____.

it is not possible for a business to comply with both federal and state statutes

The tort theory that is used to recover damages as a result of printed defamation of character is known as _____.

libel

In the context of the equal protection clause of the U.S. Constitution, the traditional approach to challenge local and state laws is also known as the _____ approach.

minimum rationality

The Second Amendment to the U.S. Constitution lays down the right of an individual to _____.

possess and use guns

When the rights involved in some cases are not quite fundamental or classifications are only partially suspect, the _____ approach under the equal protection clause of the U.S. Constitution is used by courts.

quasi-strict scrutiny

Under the minimum rationality approach, a law creating different classifications will survive an equal protection challenge if it has a _____.

rational connection to a permissible state end

The Bill of Rights lays down _____.

statements of individuals' freedoms and protections from government action

Courts may be called upon to decide if a state law is invalid because it conflicts with a federal law under the _____ clause of the U.S. Constitution.

supremacy

Freedom of speech guaranteed by the U.S. Constitution relates to _____.

the actions of government that restrict one's ability to express oneself

In the context of business regulation, the dormant commerce clause concept refers to _____.

the limitations imposed by the U.S. Constitution on police powers

An individual whose own speech and conduct may not be prohibited is still allowed to challenge a statute that limits speech because others who may desire to engage in legally protected expression may refrain from doing so because of the fear of prosecution under the statute. This is known as _____.

the overbreadth doctrine

True or false: Constitutional rights are sometimes narrowly interpreted during national emergencies.

true

supremacy clause of the U.S. Constitution, list in order the levels of the U.S. legal system when laws are not consistent.

us constitution federal laws state and local laws