question

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

answer

federal

question

Which branch of government enforces the laws?

answer

Executive branch

question

Which branch of the government interprets the laws?

answer

judicial branch

question

Which branch of the government interprets the laws?

answer

legislative branch

question

Our government has a system of __________ _____ _______ that allow each branch to limit the actions of the other 2 branches.

answer

checks and balances

question

For example, the _________ branch can enact a law, but the ___________ branch can veto that law.

answer

legislative, executive

question

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

answer

commerce

question

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?

answer

No, because the commerce clause specifically states that it regulates all commerce.

question

TRUE OR FALSE: State laws that allow the use of medical marijuana protect users in those states from federal prosecution

answer

False

question

What powers do the states have to regulate or prohibit private activities?

answer

police powers

question

TRUE OR FALSE: State police powers only authorize the creation and maintenance of police forces.

answer

False

question

Which of the following would NOT be regulated at the state level? -fire and building codes -zoning restrictions -interstate commerce laws -anti-discrimination laws

answer

interstate commerce laws

question

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 states against the _____________ on interstate commerce.

answer

dormant, interests, burdens

question

TRUE OR FALSE: When there is a direct conflict between a federal and a state law, the state law is rendered invalid

answer

true

question

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

answer

preemption

question

In addition to the right to assemble peacefully and to petition the government, the First Amendment guarantees which of the three following freedoms? -speech -religion -equal protection -due process -press

answer

speech, religion, press

question

TRUE OR FALSE: The 4th Amendment prohibits unreasonable searches and seizures of persons or property

answer

True

question

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

answer

federal government

question

When the language in the Bill of Rights is unclear, what may occur?

answer

the united states supreme court ultimately may decided what the language means

question

The 2 main purposes of the Free Speech Clause of the First Amendment are to allow people to: -freely voice their political opinions -use obscene language -speak whenever and whenever they desire -criticize the government -create virtual child pornography

answer

freely voice their opinions, criticize the government

question

TRUE OR FALSE: Symbolic speech is not protected by the Bill of Rights

answer

false

question

Content-neutral laws regulate the time, place, and __________, but not the content of speech

answer

manner

question

TRUE OR FALSE: The compelling government interest test is used by the courts to determine whether a law regulating the content of speech will by permissible.

answer

True

question

Your state passes a law prohibiting businesses from supporting political candidates. You challenge the law in court. Will you uphold that law?

answer

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

question

TRUE OR FALSE: Commercial speech is protected to the same extent as political speech

answer

False

question

Which clause prohibits Congress from interfering with an individual's right to believe what he or she chooses?

answer

free exercise clause

question

Which clause prohibits Congress from restricting the right to criticize the government?

answer

free speech clause

question

Which clause prohibits Congress from creating a state-sponsored religion?

answer

establishment clause

question

Which branch of the government can check laws that can be vetoed by the executive branch, or can be declared unconstitutional by the judicial branch?

answer

legislative branch

question

Which branch of the government is responsible for foreign affairs, can veto laws, appoint federal official?

answer

executive branch

question

Which branch's checks included the senate approving appointments and treaties; and the judicial branch can hold its actions unconstitutional?

answer

executive branch

question

Which branch's checks include having jurisdiction determined by Congress and judges being selected by the President?

answer

Judicial branch

question

Which clause gives the government the power to "regulate Commerce with the foreign nations, and among the several states, and with the Indian tribes".?

answer

Commerce Clause

question

Interstate commerce means what?

answer

commerce among states

question

Intrastate commerce means what?

answer

commerce within states

question

What major court case says commerce within a state can be regulated by the national government as long as the commerce substantially affects the commerce in more than one state?

answer

Gibbons v. Ogden

question

What are state regulatory powers called?

answer

police powers

question

What clause says the states do not have the authority to regulate interstate commerce?

answer

Dormant Commerce Clause

question

Article 1, Section 8 of the U.S. Constitution gives Congress the power to "lay and collect Taxes, Duties, Imposts, and Excises." and to "pay the debts and provide for the common defense and general welfare of the United States".

answer

The Spending Clause

question

What clause gives Congress the power to spend revenues on anything that seems worthwhile as long as it doesn't violate the Bill of Rights?

answer

The Spending Clause

question

Which clause provides that the Constitutional laws, and treaties of the U.S. are the supreme law of the land?

answer

The Supremacy Clause

question

What is it called when certain federal laws to take precedence over conflicting state or local laws?

answer

preemption

question

What are laws that regulate the time, place, and manner of speech (but not the content of speech)?

answer

content-neutral laws

question

Laws that regulate ______ ___ ____ __________ are upheld only if they meet the compelling government interest test ("'strict scrutiny")

answer

content of the expression

question

To meet strict scrutiny, the laws must serve a ________ state interest and must be _________ ___________ to achieve that interest.

answer

compelling, narrowly written

question

A restriction on _______ ________ will be considered valid as long as it: 1) seeks to implement a substantial government interest 2) directly advances that interest 3) goes no further than necessary to accomplish its objective

answer

commercial speech

question

The __ and __ amendments guarantee that no person shall be deprived "of life, liberty, or property without due process of law."

answer

5th and 14th

question

What process required the government to give proper notice and make decisions fairly when considered life , liberty, and property?

answer

Procedural Due Process

question

What process requires the government to be fair and reasonable with legislation itself?

answer

Substantive Due Process

question

Provisions of the 5th and 14th amendments regarding life, liberty, and property to "all legal persons" applies to:

answer

individuals and corporations

question

What provisions requires that the government treat similarly situated people in a similar manner>

answer

Equal Protection

question

What are the 3 types of scrutiny courts use when determining if a law violates the equal protection clause?

answer

strict, intermediate, rational basis

question

Which scrutiny applies to law or action prohibiting people from exercising a fundamental right?

answer

strict scrutiny

question

The rational basis tests requires that the classification of people be related to a __________ government interest

answer

legitimate

question

TRUE OR FALSE: The U.S. Constitution specifically mentions privacy as one the protected rights U.S. citizens have.

answer

False

question

Which scrutiny applies to cases involving discrimination based on gender or legitimacy?

answer

intermediate scrutiny

question

Which scrutiny applies to matters of economic/ social welfare?

answer

rational basis

question

Which FEDERAL PRIVACY LAW limits the access to certain school-related records?

answer

Family Educational Rights and Privacy Act

question

Which FEDERAL PRIVACY LAW gives individuals a right to access information about them in government files?

answer

Freedom of Information Act

question

Which FEDERAL PRIVACY LAW prohibits the disclosure of nonpublic personal information without certain requirements being met?

answer

Gramm-Leach Bliley Act

question

Which FEDERAL PRIVACY ACT regulates agency use and disclosure of data related to individuals?

answer

privacy act

question

The _____ _______ Act greatly expanded the authority of the government to monitor e-mails and Web site visits.

answer

USA Patriot

Chapter 2 Legal Environment of Business – Flashcards

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