Business Law Ch. 2

Assume that instead of the military-equipment issue, Thomas's religion required that he take a break at noon every day to take illegal drugs. The drugs are considered "Schedule 1" drugs, meaning the government has evaluated them and determined that the drugs have no medicinal value but have a high risk of addiction or serve as "gateway" drugs, leading users to even more serious drugs. The state relies on studies linking drug use to criminal activity and violence. 1. A court is likely to find that the state's interest in reducing illegal drug activity, with the associated criminal activity, is a interest that would justify violating Thomas's religious freedom. 2. If the court considers the state's reasons sufficient, it is likely to find that the regulation that violates Thomas's religious freedom is if the regulation is the only way to meet that government objective

1. Compelling 2. Valid

Business and the Bill of Rights Thomas worked in the non-military operations of a large firm that produced both military and nonmilitary goods. When the company discontinued the production of nonmilitary goods, Thomas was transferred to the plant producing military equipment. Thomas left his job, claiming that it violated his religious principles to participate in the manufacture of goods to be used in destroying life. In effect, he argued, the transfer to the military-equipment plant forced him to quit his job. He applied for unemployment compensation with the state but was denied because he had not been effectively "discharged" by the employer but had voluntarily terminated his employment, making him ineligible for that state benefit. 1. Thomas is claiming that the state violated his ____ Amendment right to freedom of religion 2. The Bill of Rights was intended to protect the rights of against infringement by . 3. The Bill of Rights originally was intended only to limit the federal government but was "incorporated" and applies to the states as well because of the Amendment. 4. Freedom of religion is divided into two major categories. The first prevents the government from a state-sponsored religion, promoting, or preferring religion. 5. The second component of religious freedom guarantees that people can believe what they want to believe and is called the clause. 6. Thomas alleges that the state denied him unemployment because he quit rather than work in a location where his religious would be violated, and he claims a violation of the clause. 7. In order to infringe upon Thomas's rights in this way, the state must have a(n) interest that can only be served by infringing upon his rights. 8. The free exercise clause has an absolute protection related to . 9. In order to financially support himself, Thomas either had to working for the military division or needed to unemployment benefits. 10. In order to receive unemployment benefits, Thomas could not , but instead had to 11. Thomas's company did not him; instead, it allowed him an opportunity to continue working, but for the military division. 12. Continuing to work for the military division would Thomas's religious beliefs. 13. Because of the state's regulation, Thomas either had to his religious beliefs and continue working for the military division or give up unemployment compensation. 14. Because the state forced Thomas to choose between his religion and his unemployment benefits, the state violate his free exercise rights.

1. First 2. Individuals; the governement 3. Fourteenth 4. establishing 5. Free exercise 6. beliefs; Free Exercise 7. Compelling 8. Beliefs 9. Continue; receive 10. Quit Voluntarily; Be terminated 11. Terminate 12.Violate 13.Violate 14. Did

Animal Legal Defense Fund v. Wasden Which of the following restrictions on speech would be considered content-neutral most often? a. A state statute that prohibits college students from writing editorials in their campus newspapers. b. A city ordinance that does not allow public demonstrations to be held after 9 pm. c. A city ordinance that does not allow public discussion of abortion laws.

A city ordinance that does not allow public demonstrations to be held after 9 pm.

In 1961, the executive director of the Planned Parenthood League of Connecticut was arrested and convicted of providing contraceptive information and materials to married people in violation of state law. The director appealed her conviction, and the United States Supreme Court found that the law violated a constitutional right to privacy. The Constitution never mentions privacy, but the justices found that the right is embedded in several amendments. Which of the following is NOT one of those amendments? a. First b. Third c. Fifth d. Eighth

Eighth

11. Match the provision of the First Amendment with the protection it offers individuals. Establishment clause Free speech clause Free exercise clause

Establishment clause- Prohibits Congress from creating a state-sponsored religion Free speech clause- Prohibits Congress from restricting the right to criticize the government Free exercise clause- Prohibits Congress from interfering with an individual's right to believe what he or she chooses.

10. Commercial speech is protected to the same extent as political speech. a. True b. False

False

6. Symbolic speech is not protected by the Bill of Rights. a. True b. False

False

8. State police powers only authorize the creation and maintenance of police forces. a. True b. False

False

9. The U.S. Constitution specifically mentions privacy as one of the protected rights of U.S. citizens. a. True b. False

False

10. Match the federal privacy law with the main subject of that law. Freedom of Information Act Gramm-Leach-Bliley Act Privacy Act Family Educational Rights and Privacy Act

Freedom of Information Act- Gives individuals a right to access information about them in government files Gramm-Leach-Bliley Act- Prohibits disclosure of nonpublic personal information without certain requirements being met Privacy Act- Regulates agency use and disclosure of data related to individuals Family Educational Rights and Privacy Act- Limits access to certain school-related records

5. The Fourteenth Amendment does NOT guarantee: a. Freedom of the press b. Equal protection of the laws c. Fair content of regulations d. Fair process and procedure

Freedom of the press

9. Which of the following would NOT be regulated at the state level? a. Interstate commerce laws b. Zoning restrictions c. Fire and building codes d. Antidiscrimination laws

Interstate commerce laws

2. Match the branch of government with the function it performs in our government. Judicial branch Executive branch Legislative branch

Judicial branch- interprets the law Executive branch- enforces the law Legislative branch- makes the law

Animal Legal Defense Fund v. Wasden Social media have become the main channels of speech by many organizations and especially by younger individuals. There have been complaints that some of the "news" generated on social media is, in fact, so-called fake news. Which of the following government actions might be constitutional in order to "cure" the problem of fake news? a. A new requirement that only certified journalists can write online posts and blogs that relate to political actions, events, and opinions. b. A new law that allows the government to fine bloggers for their posts that cannot be verified as truthful and accurate. c. Neither answers (a) nor (c).

Neither answers (a) nor (c).

Bad Frog Brewery, Inc. v. New York State Liquor Authority Did the U.S. Court of Appeals for the Second Circuit agree with the trial court's decision? a. Yes b. No

No

Heart of Atlanta Motel v. United States Did the U.S. Supreme Court accept the defendant's claim that its motel was not engaged in interstate commerce and therefore it could not be controlled by congressional legislation under the Civil Rights Act?

No

5. If you are a farmer who grows and sells only locally, can you correctly conclude that the commerce clause does NOT apply to your activities? a. No, because the commerce clause has been broadly interpreted. b. Yes, because your state legislature may say such. c. Yes, because you are engaged in intrastate commerce. d. No, because the commerce clause specifically states that it regulates all commerce.

No, because the commerce clause has been broadly interpreted.

9. Your state passes a law prohibiting businesses from supporting political candidates. You challenge the law in court. Will a court uphold that law? a. Yes, because commercial speech may be constitutionally restricted. b. Yes, because the law only prohibits political speech by businesses, not individual citizens. c. No, because the law is an unconstitutional restriction of free speech. d. No, because the First Amendment protects all speech.

No, because the law is an unconstitutional restriction of free speech.

A state legislature passes a statute prohibiting businesses from supporting any political candidate. If some business owners challenge the constitutionality of the law in court, will the law be upheld? a. Yes, because the law only prohibits political speech by businesses, not by individual citizens. b. No, because the law is an unconstitutional restriction on free speech. c. Yes, because political speech is restricted if "constitutionally permissible." d. No, because the business owners' privileges and immunities have been violated.

No, because the law is an unconstitutional restriction on free speech.

Animal Legal Defense Fund v. Wasden Suppose that the Idaho state statute criminalized any audiovisual recordings of any agricultural production facility, with or without the owner's consent. Would the ruling have been different? a. No, because free speech rights involve a state, rather than a federal, question. b. No, because the law would have still violated free speech rights. c. Yes, because there no longer would have been an issue with First Amendment free speech rights.

No, because the law would have still violated free speech rights.

The state of Nevada passes legislation that bans public speakeing from hallways in academic buildings on university campuses to preserve the quiet that students need to study effectively and to ensure that pedestrian traffic is not blocked. Luis challenges the law as a violation of his rights to free speech. Will Luis win his suit? a. No, because the right to free speech is part of the Bill of Rights which applies only to the federal government. b. No, because the right to free speech allows for a reasonable regulation of time, place, and manner so long as the regulation is content neutral. c. Yes, because the right to free speech applies to both the federal government and to the states under the due process clause of the Fourteenth Amendment. d. Yes, because the right to free speech is absolute.

No, because the right to free speech allows for a reasonable regulation of time, place, and manner so long as the regulation is content neutral.

What powers do the states have to regulate or prohibit private activities? a. Police powers b. Zoning powers c. Sovereign powers d. Oversight powers

Police powers

Mary is a line cook at a restaurant and unknowingly has a highly contagious disease, "Syfoid." She hasn't show any symptoms herself, but she has passed it through the food she handles to several customers who later died. The Center for Disease Control (CDC) traced the disease back to Mary and order her to "appear for testing and treatment as well as to cease all handling of food." When Mary refuses, the CDC and law enforcement arrive at her home and forcibly take her to a hospital where she is quarantined though she was not charged with any crime. Several months later Mary has still not been released from quarantine because she is still communicable, however, she has never been provided an opportunity to contest her quarantine. In the meantime, Mary lost her job. Has any of Mary's fundamental rights been violated? a. No, because she has not been charged with any crime. b. No, because she is a threat to the health and safety of the community. c. Possibly, because she was deprived of her liberty without due process. d. Yes, the government violated her right to equal protection.

Possibly, because she was deprived of her liberty without due process

2. Match the constitutional provision with the appropriate meaning Procedural due process Substantive due process Equal protection

Procedural due process- Requires that the government give proper notice and opportunity to be heard and follow any established processes Substantive due process- Requires that the government be fair and reasonable in its legislation and executive actions Equal protection- Requires that the government treat similarly situated people in a similar manner

Heart of Atlanta Motel v. United States Why are there often disputes between the national government in Washington, D.C. and the state governments and their citizens? a. The Constitution does lay out specific powers for each level of government, but uses broad, nonspecific language. b. In our confederal form of government, the states pass laws and the federal government upholds their laws. c. There are not really that many, because the U.S. has a unitary form of government.

The Constitution does lay out specific powers for each level of government, but uses broad, nonspecific language.

The town of Rock River decides to put a new road through the middle of town to increase tourist traffic. To build the road, the town must tear down a number of buildings. It sends a note to the buildings' owners, telling them to vacate the premises within 24 hours. It is likely that the town has violated which provision of the Constitution? a. The establishment clause b. The equal protection clause c. The commerce clause d. The due process clause

The due process clause

Heart of Atlanta Motel v. United States Which branches of government determine whether the Constitution allows a legislature to create a particular law? a. In most legal matters, the executive branch determines which laws should be carried out. b. If a federal law affects states, typically state legislatures determine whether that law should be put into effect. c. The federal courts decide almost all issues of the constitutionality of laws.

The federal courts decide almost all issues of the constitutionality of laws.

11. When there is a direct conflict between a federal and a state law, the state law is rendered invalid. a. True b. False

True

2. The Fourth Amendment prohibits unreasonable searches and seizures of persons or property. a. True b. False

True

7. A state law that bans illegitimate children from claiming child support from their parents after they turn ten, but does not ban legitimate children from doing the same, violates the equal protection clause. a. True b. False

True

8. The compelling government interest test is used by the courts to determine whether a law regulating the content of speech will be permissible. a. True b. False

True

The FBI wants to gain access to personal information (such as bank account numbers and social contacts) via the internet activities of Marcus Girard, a suspected terrorist who is a French citizen living in the U.S. on a temporary work visa. Which of the following acts allows the FBI to access this kind of information? a. Privacy Act. b. HIPAA. c. Freedom of Information Act. d. USA Patriot Act

USA Patriot Act

11. The ______ greatly expanded the authority of the government to monitor e-mails and Web site visits.

USA Patriotic Act

1. Read the following scenario and answer the question in 5-10 sentences. You run a small business in downtown New Lester. The town prides itself on having strong ties to a quaint town in the United Kingdom with a similar sounding name. The town was developed with buildings and landscaping to "remind" tourists of the UK town. To maintain that image, the town recently passed a law declaring that no religious symbols or literature may be displayed in any building within the downtown district. You are a devout follower of your religion and believe it is part of your religious duty to spread your faith. In order to do so, you believe that you must "advertise" your faith to others through display of religious symbols or literature. Discuss whether or not you have a constitutional right to present these items in your private business.

_______

4. When the language in the Bill of Rights is unclear, which of the following may occur? a. The individual state legislatures interpret the unclear language as applied in their states. b. The president of the United States issues an executive order to interpret the language. c. The United States Supreme Court ultimately may decide what the language means. d. State courts interpret the unclear language for their states.

c. The United States Supreme Court ultimately may decide what the language means.

3. Our government has a system of ____ and balances that allow each branch to limit the actions of the other two branches. For example, the ______ branch can enact a law, but the _____ branch can veto that law.

checks; legislative; executive

4. Article 1, Section 8, of the U.S. Constitution impacts businesses greatly and is referred to as the ______ clause.

commerce

The city of Trenton, New Jersey, passed an ordinance making it unlawful to use any form of sound amplification on the city streets. Keller mounted a speaker on a truck. Through the speaker, he played music and spoke on a microphone while driving on city streets. Keller was convicted and fined $50. He appealed, arguing that the ordinance violated his rights of free speech and free assembly. The city claimed that the ordinance served a legitimate governmental function in keeping the city streets safe and orderly, and did not prohibit or unduly restrict any particular speech. The court probably found that the ordinance was a. constitutional under the establishment clause. b. constitutional as a reasonable restriction on fundamental rights. c. unconstitutional under the equal protection clause. d. unconstitutional as an unreasonable restriction on fundamental rights.

constitutional as a reasonable restriction on fundamental rights

Bad Frog Brewery, Inc. v. New York State Liquor Authority If Bad Frog's label was found to be protected under the First Amendment, a grocery store: a. would be prohibited under the First Amendment from not carrying the product solely based on the label. b. could decide not to carry the product solely based on the label. c. could decide not to carry the product only if the label was found to be political speech.

could decide not to carry the product solely based on the label.

5. The two main purposes of the free speech clause of the First Amendment are to allow people to: a. speak whenever and wherever they desire. b. criticize the government. c. use obscene language. d. create virtual child pornography. e. freely voice their political opinions.

criticize the government; freely voice their political opinions

Congress passes a law that regulates the amount of lettuce that can be grown on a farm. Milton is a farmer who grows lettuce. He grows more lettuce than is allowed under the new law and is fined. He sues to have the law declared unconstitutional, arguing that he grew the allowed amount for sale and then grew some extra for his family to use in personal consumption. The federal courts are likely to a. declare the law constitutional because all actions impact interstate commerce. b. declare the law unconstitutional because Milton's actions do not impact interstate commerce in any way. c. declare the law unconstitutional because Milton's actions are solely intrastate. d. declare the law constitutional because Milton's actions substantially affect interstate commerce.

declare the law constitutional because Milton's actions substantially affect interstate commerce.

10. If a state passes a regulation that impacts interstate commerce, it may violate the ____ commerce clause. To decide if the regulation is unconstitutional, the courts typically balance the _____ of the state against the _____ on interstate commerce.

dormant; interests; burdens

6. State laws that allow the use of medical marijuana protect users in those states from federal prosecution. a. True b. False

false

1. The U.S. Constitution created a form of government.

federal

Heart of Atlanta Motel v. United States If Congress passed a law today that made it illegal for a convicted felon to own or possess body armor that had been "transported, shipped, or received in interstate or foreign commerce," and it was challenged, the Supreme Court likely would: a. find that Congress exceeded its Commerce powers. b. find it unconstitutional because it is too broad. c. find it constitutional under the Commerce Clause.

find it constitutional under the Commerce Clause.

Heart of Atlanta Motel v. United States If Congress passed a law today that made it illegal for a convicted felon to own or possess body armor regardless of how they came to own or possess it, the Supreme Court likely would: a. find that Congress exceeded its Commerce powers. b. find it unconstitutional because it is too broad. c. find it constitutional under the Commerce Clause.

find it unconstitutional because it is too broad

1. Provisions of the Fifth and Fourteenth Amendments guarantee that no person shall be deprived of life, liberty, or property without due process of law. This clause applies to all "legal persons," meaning: a. individuals only. b. natural beings, including humans and animals. c. corporations only. d. individuals and corporations.

individuals and corporations.

7. Content-neutral laws may regulate the time, place, and _____ , but not the content of speech.

manner

12. When Congress intends to exclusively control a subject where the U.S. Constitution allows for both states and the federal government to act, courts will use the doctrine of ____ to invalidate any state regulations.

preemption

4. If a student is kicked out of school based on an allegation of cheating but that student does not have an opportunity to present his case to the dean, it is likely a violation of _____- .

procedural due process

6. To determine whether a law violates the equal protection clause, courts use one of three different standards. These three standards are: a. rational basis scrutiny. b. due process scrutiny. c. intermediate scrutiny. d. strict scrutiny. e. discrimination scrutiny

rational basis scrutiny; intermediate scrutiny; strict scrutiny

8. The _______ basis test requires that the classification of people at issue in the law be related to a ______ government interest.

rational; legitimate

1. In addition to the right to assemble peaceably and to petition the government, the First Amendment guarantees which of the following three freedoms? a. Equal protection b. Due process c. Religion d. Press e. Speech

religion; speech; press

Bad Frog Brewery, Inc. v. New York State Liquor Authority If NYLSA had narrowed its restriction to only banning use of the label in grocery stores and convenience stores, this would have: a. strengthened NYLSA's argument because the speech would no longer be considered commercial speech. b. weakened NYLSA's argument because an outright ban on commercial speech is more easily enforced. c. strengthened NYLSA's argument because it would have had a stronger argument that its restriction was not excessive

strengthened NYLSA's argument because it would have had a stronger argument that its restriction was not excessive

Congress passes a law prohibiting cigars made in Cuba from being sold in the United States. The Florida state legislature then passes a law allowing the sale of Cuban cigars in Florida. If the constitutionality of the Florida law is challenged in court, it will most likely be: a. struck down on the basis of the due process clause. b. struck down on the basis of the supremacy clause. c. upheld unless Congress expressly prohibits states from enacting laws regarding cigars. d. upheld on the basis of the supremacy clause.

struck down on the basis of the supremacy clause.

Ocean City passes an ordinance that prohibits all churches from meeting within its city limits. This rule affects the residents' constitutional right to: a. substantive due process. b. full faith and credit. c. procedural due process. d. interstate commerce

substantive due process.

3. As originally intended, the first ten amendments to the Constitution limited only the power of ______

the federal government

A city ordinance allows only two hot-dog stands to operate in the city's downtown area. If someone who would like to add another hot-dog stand challenges this ordinance under the equal protection clause, the rule will be subject to: a. strict scrutiny. b. intermediate scrutiny. c. the rational basis test. d. the police power test.

the rational basis test.

3. A law that imposes prison sentences on all street entertainers without a trial would likely violate procedural due process. a. True b. False

true

The Iowa legislature passed a law banning trucks sixty-five feet long or longer from operating on its roads and highways because big trucks do more damage to roads than smaller trucks and are involved in more serious accidents. Prior to the ban, Consolidated Freightways (CF) had driven big trucks through Iowa on a regular basis, and these trucks were legal in other states. Switching to smaller trucks for trips through Iowa was inconvenient and costly. CF filed a lawsuit contending that the statute was unconstitutional. The United States Supreme Court most likely found that the Iowa statute was: a. unconstitutional under the privileges and immunities clause. b. unconstitutional under the dormant commerce clause. c. unconstitutional under the supremacy clause. d. constitutional, because Iowa had a compelling state interest in passing the law

unconstitutional under the dormant commerce clause.

A Minnesota statute required all operators of slow-moving vehicles to display a fluorescent red triangular sign. Henderson, an adherent of the Amish religion, was charged with violating the statute. His defense was that the law violated his First Amendment right to freedom of religion because displaying "loud" colors on his slow-moving black buggy conflicted with his religious belief that he should remain separate from the modern world. Henderson stated that he was willing to display the sign if he could use silver, instead of red, reflective tape, which was equally effective. The state argued that the law applied to all equally. The court most likely found that the statute, as it applied to Henderson, was: a. constitutional under the safety clause. b. constitutional under the free exercise clause. c. unconstitutional under the due process clause. d. unconstitutional under the free exercise clause.

unconstitutional under the free exercise clause.

Garrett was a commercial tour-boat operator on the northern coast of Kauai, Hawaii. He was licensed by the state of Hawaii to operate his boat in Hanalei Bay. The U.S. Department of Transportation and the U.S. Coast Guard also granted Garrett an unrestricted license to operate his boats in Hanalei Bay. Hawaii subsequently passed a law that banned all commercial use of Hanalei Bay. The state refused to renew Garrett's state license and ruled that he was not allowed to operate his vessel based on his federal licenses. Garrett sued the state, alleging that the state law that prohibited him from operating his boat conflicted with the federal law that authorized him to do so. The court probably found that the state law was: a. unconstitutional under the supremacy clause. b. unconstitutional under the equal protection clause. c. constitutional under the due process clause. d. constitutional under the supremacy clause.

unconstitutional under the supremacy clause.

Bad Frog Brewery, Inc. v. New York State Liquor Authority If Bad Frog changed its label to speech that the Second Circuit found to be obscene, such obscene speech: a. would be protected as commercial speech as long as it sought to implement a substantial government interest. b. would be protected as commercial speech only if it was not misleading. c. would be unprotected speech.

would be unprotected speech.

Animal Legal Defense Fund v. Wasden Was the U.S. Court of Appeals for the Ninth Circuit in agreement with the federal district court's injunction against the application of the state statute's Recording Clause? a. Yes b. No

yes