Chapter 2 Legal Environment of Business – Flashcards
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The U.S. Constitution created a __________ form of government
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federal
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Which branch of government enforces the laws?
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Executive branch
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Which branch of the government interprets the laws?
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judicial branch
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Which branch of the government interprets the laws?
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legislative branch
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Our government has a system of __________ _____ _______ that allow each branch to limit the actions of the other 2 branches.
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checks and balances
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For example, the _________ branch can enact a law, but the ___________ branch can veto that law.
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legislative, executive
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Article 1, Section 8, of the U.S. Constitution impacts businesses greatly and is referred to as the _____________ clause
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commerce
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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?
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No, because the commerce clause specifically states that it regulates all commerce.
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TRUE OR FALSE: State laws that allow the use of medical marijuana protect users in those states from federal prosecution
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False
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What powers do the states have to regulate or prohibit private activities?
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police powers
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TRUE OR FALSE: State police powers only authorize the creation and maintenance of police forces.
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False
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Which of the following would NOT be regulated at the state level? -fire and building codes -zoning restrictions -interstate commerce laws -anti-discrimination laws
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interstate commerce laws
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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.
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dormant, interests, burdens
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TRUE OR FALSE: When there is a direct conflict between a federal and a state law, the state law is rendered invalid
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true
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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
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preemption
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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
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speech, religion, press
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TRUE OR FALSE: The 4th Amendment prohibits unreasonable searches and seizures of persons or property
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True
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As originally intended, the first ten amendments to the Constitution limited only the power of the ______ ___________
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federal government
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When the language in the Bill of Rights is unclear, what may occur?
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the united states supreme court ultimately may decided what the language means
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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
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freely voice their opinions, criticize the government
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TRUE OR FALSE: Symbolic speech is not protected by the Bill of Rights
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false
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Content-neutral laws regulate the time, place, and __________, but not the content of speech
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manner
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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.
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True
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Your state passes a law prohibiting businesses from supporting political candidates. You challenge the law in court. Will you uphold that law?
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No, because the law is an unconstitutional restriction of free speech
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TRUE OR FALSE: Commercial speech is protected to the same extent as political speech
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False
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Which clause prohibits Congress from interfering with an individual's right to believe what he or she chooses?
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free exercise clause
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Which clause prohibits Congress from restricting the right to criticize the government?
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free speech clause
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Which clause prohibits Congress from creating a state-sponsored religion?
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establishment clause
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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?
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legislative branch
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Which branch of the government is responsible for foreign affairs, can veto laws, appoint federal official?
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executive branch
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Which branch's checks included the senate approving appointments and treaties; and the judicial branch can hold its actions unconstitutional?
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executive branch
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Which branch's checks include having jurisdiction determined by Congress and judges being selected by the President?
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Judicial branch
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Which clause gives the government the power to "regulate Commerce with the foreign nations, and among the several states, and with the Indian tribes".?
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Commerce Clause
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Interstate commerce means what?
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commerce among states
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Intrastate commerce means what?
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commerce within states
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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?
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Gibbons v. Ogden
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What are state regulatory powers called?
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police powers
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What clause says the states do not have the authority to regulate interstate commerce?
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Dormant Commerce Clause
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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".
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The Spending Clause
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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?
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The Spending Clause
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Which clause provides that the Constitutional laws, and treaties of the U.S. are the supreme law of the land?
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The Supremacy Clause
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What is it called when certain federal laws to take precedence over conflicting state or local laws?
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preemption
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What are laws that regulate the time, place, and manner of speech (but not the content of speech)?
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content-neutral laws
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Laws that regulate ______ ___ ____ __________ are upheld only if they meet the compelling government interest test ("'strict scrutiny")
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content of the expression
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To meet strict scrutiny, the laws must serve a ________ state interest and must be _________ ___________ to achieve that interest.
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compelling, narrowly written
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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
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commercial speech
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The __ and __ amendments guarantee that no person shall be deprived "of life, liberty, or property without due process of law."
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5th and 14th
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What process required the government to give proper notice and make decisions fairly when considered life , liberty, and property?
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Procedural Due Process
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What process requires the government to be fair and reasonable with legislation itself?
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Substantive Due Process
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Provisions of the 5th and 14th amendments regarding life, liberty, and property to "all legal persons" applies to:
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individuals and corporations
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What provisions requires that the government treat similarly situated people in a similar manner>
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Equal Protection
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What are the 3 types of scrutiny courts use when determining if a law violates the equal protection clause?
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strict, intermediate, rational basis
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Which scrutiny applies to law or action prohibiting people from exercising a fundamental right?
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strict scrutiny
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The rational basis tests requires that the classification of people be related to a __________ government interest
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legitimate
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TRUE OR FALSE: The U.S. Constitution specifically mentions privacy as one the protected rights U.S. citizens have.
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False
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Which scrutiny applies to cases involving discrimination based on gender or legitimacy?
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intermediate scrutiny
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Which scrutiny applies to matters of economic/ social welfare?
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rational basis
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Which FEDERAL PRIVACY LAW limits the access to certain school-related records?
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Family Educational Rights and Privacy Act
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Which FEDERAL PRIVACY LAW gives individuals a right to access information about them in government files?
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Freedom of Information Act
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Which FEDERAL PRIVACY LAW prohibits the disclosure of nonpublic personal information without certain requirements being met?
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Gramm-Leach Bliley Act
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Which FEDERAL PRIVACY ACT regulates agency use and disclosure of data related to individuals?
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privacy act
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The _____ _______ Act greatly expanded the authority of the government to monitor e-mails and Web site visits.
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USA Patriot
