Business Env. Law test review chapter 2

filtering software

A computer program that screens incoming data according to rules built into the software and blocks access to websites with content not consistent with these rules.

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

Privleges and Immunities Clause

(Article 4 section 2: citizens of one state cannot be discriminated in other states

What restrictions on business speech are allowed by the First Amendment? Choose 2 answer choices.

1. Some advertising venues for tobacco 2. Limitations on advertisements for alcohol

In what situations does federal law preempt state law? Choose 2 answer choices.

1. When Congress passes very detailed laws 2. When Congress passes a law and creates an agency to enforce that law

What does substantive due process require? Choose 2 answer choices

1. a compelling governmental interest if a fundamental right is involved 2. a legitimate governmental purpose if a non-fundamental right is involved

What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers.

1. intermediate scrutiny 2. rational basis review 3. strict scrutiny

What type of speech does not receive First Amendment protections? Choose 3 answers.

1. threats to the president of the United States 2.speech that incites lawlessness 3.obscenity

What is true of corporate political speech? Choose 2 answers.

1.Corporate political speech is protected by the First Amendment. 2. Political donations are protected by the First Amendment as types of corporate political speech

A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers.

1.It must not be overly restrictive to meet its objectives 2. It must directly advance a government interest. 3. It must seek to implement a substantial government interest.

sovereignty

The quality of having independent authority over a geographic area. For instance, state governments have the authority to regulate affairs within their borders.

checks and balances

The system by which each of the three branches of the U.S. national government (executive, legislative, and judicial) exercises checks on the powers of the other branches.

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

under the privileges and immunities clause, citizens may not be denied

- legal protection - access to courts - travel rights - property rights

police powers

Powers possessed by the states as part of their inherent sovereignty.

Example of sovereignty

state governments have the authority to regulate affairs within their boarders

"police powers may be exercised to protect or promote the ..."

- public order - health - safety - morals - general welfare

the full faith and credit clause protects

- the legal rights of American citizens as they move about from state to state - the rights of those to whom they owe obligations, such as persons who have been awarded monetary damages by court

Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers.

1. A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field. 2. 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. Assessment question

What does the First Amendment protect regarding religion? Choose 2 answer choices.

1. It protects a person's right to hold no religious beliefs. 2. It protects the exercise of religious practices.

Full Faith and Credit Clause

A clause in Article IV, Section 1, of the U.S. Constitution that provides that "Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other State." The clause ensures that rights established under deeds, wills, contracts, and the like in one state will be honored by the other states and that any judicial decision with respect to such property rights will be honored and enforced in all states.

Privleges and Immunities Clause

A clause in Article IV, Section 2, of the U.S. Constitution that requires states not to discriminate against one another's citizens. A resident of one state cannot be treated as an alien when in another state; he or she may not be denied such privileges and immunities as legal protection, access to courts, travel rights, and property rights.

preemption

A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.

federal form of government

A system of government in which the states form a union and the sovereign power is divided between a central government and the member states.

compelling government interest

A test of constitutionality that requires the government to have compelling reasons for passing any law that restricts fundamental rights, such as free speech, or distinguishes between people based on a suspect trait.

search warrant

An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property.

What does the Free Exercise Clause require?

Any government employment restrictions related to religion must satisfy two requirements.

What is preemption in the Supremacy Clause?

Federal law is supreme over state law.

Full Faith and Credit Clause

Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.

How does the Fifth Amendment apply to fundamental rights?

Fundamental rights are a determining factor in the analysis under substantive due process

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.

probable cause

Reasonable grounds for believing that a search should be conducted or that a person should be arrested.

symbolic speech

Nonverbal conduct that expresses opinions or thoughts about a subject. Symbolic speech is protected under the First Amendment's guarantee of freedom of speech.

police power

Powers possessed by states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare.

Commerce Clause

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

bill of rights

The first ten amendments to the U.S. Constitution.

commerce clause

The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce.

supremecy clause

The provision in Article VI of the U.S. Constitution that provides that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land." Under this clause, state and local laws that directly conflict with federal law will be rendered invalid.

establishment clause

The provision in the First Amendment to the U.S. Constitution that prohibits Congress from creating any law "respecting an establishment of religion."

Free Exercise Clause

The provision in the First Amendment to the U.S. Constitution that prohibits Congress from making any law "prohibiting the free exercise" of religion.

Equal Protection Clause

The provision in the Fourteenth Amendment to the U.S. Constitution that guarantees that no state will "deny to any person within its jurisdiction the equal protection of the laws." This clause mandates that state governments treat similarly situated individuals in a similar manner.

due process clause

The provisions of the Fifth and Fourteenth Amendments to the U.S. Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found in most state constitutions.

Sovereignty

The quality of having independent authority over a geographic area.

meta tags

Word inserted into a website's key-words field to increase the site's appearance in search engine results.

Preemption

a doctorine under which certain federal laws preempt, or take precedence over, conflicting state or local laws

what has the greatest impact on business in the U.S constitution?

commerce clause

the commerce clause authorizes the national government to regulate almost every _______ enterprise in the U.S

commercial

the breadth of the commerce clause gives congress powers that were not _______ been granted

explicitly

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 positive aspect of the commerce clause

national government has the exclusive authority to regulate commerce that substantially affects trade and commerce among the states

what are state regulatory powers often referred to as?

police powers

the commerce clause has both a ______ and ______ aspect

positive negative

supremecy clause

provides that the constitution, laws, and treaties of the united states are "the supreme law of the land". under this clause, state and local laws that directly conflict

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 business speech is protected by the First Amendment?

some types of advertising

What did the articles of confederation form?

the articles created a confederal form of government in which the states had the authority to govern themselves and the national government could exercise only limited powers

what is the negative aspect of the commerce clause

the states do not have the authority to regulate interstate commerce

Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law?

the supremacy clause

when was the U.S constitution ratified?

was ratified by the states in 1789 and became the basis for an entirely new form of government

when does preemption occur

when congress chooses to act exclusively in a concurrent area ( where powers are shared by the federal government and the states)

When is the dormant commerce clause implied

when state regulation affect interstate commerce