Chapter 4 (BLAW 372) – Flashcards
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In a federal form of government, the national government does not share sovereign power with the states (T/F)
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false
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The term police powers encompasses just the enforcement of criminal laws (T/F)
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false
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The full faith and credit clause prevents a state from imposing unreasonable burdens on citizens of another, particularly with regard to means of doing business (T/F)
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false
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The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power (T/F)
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true
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Under the U.S. Constitution, the judicial branch interprets the laws
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true
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The states can establish laws and regulations that would interfere with trade and commerce among themselves (T/F)
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false
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The breadth of the commerce clause permits the government to legislate only in areas in which Congress has explicitly been granted power (T/F)
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false
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Under the supremacy clause, a valid federal statute or regulation will take precedence over a conflicting state or local law or regulation on the same general subject (T/F)
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true
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Congress may tax some states and exempt others (T/F)
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false
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The Bill of Rights protects individuals, but not business entities, against various types of interference by the government (T/F)
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false
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Traditionally, the courts have protected the right to free speech to the fullest extent possible (T/F)
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true
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Expression-oral, written, or symbolized by conduct-is not subject to restrictions (T/F)
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false
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According to the United States Supreme Court, the First Amendment prevents limits from being placed on independent political expenditures by corporations (T/F)
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true
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The First Amendment does not require a complete separation of church and state (T/F)
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true
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To obtain a search warrant, law enforcement officers must convince a judge that they have reasonable grounds to believe a search will reveal evidence of a specific illegality. (T/F)
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true
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Generally, government inspectors do not have the right to enter business premises without a warrant. (T/F)
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true
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Substantive due process limits what the government can do in its legislative and executive capacities (T/F)
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true
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A law that prohibits or inhibits only some persons from exercising a fundamental right will be subject to "strict scrutiny" by the courts. (T/F)
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true
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Pretexting is the process of obtaining information by false means. (T/F)
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true
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State laws protect individuals' privacy rights, often to a significant degree. (T/F)
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true
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The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry its expressly designated powers. Under the 10th Amendment, all other powers are expressly reserved to
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the states
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Savers Mart distributes its merchandise on an interstate basis. Under the commerce clause, Congress has the power to regulate
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any commercial activity in the United States
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A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against
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the state's interest in regulating the matter
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Selena's Fajitas files a suit against the state of Texas, claiming that a Texas state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on
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interstate commerce
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Congress enacts a law prohibiting toys made in Indonesia from being sold in the United States. The Washington state legislature enacts a law allowing the sale of Indonesian-made toys. Washington's law will most likely be
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rendered invalid under the supremacy clause
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A decision by the federal Environmental Protection Agency (EPA) on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation, under the supremacy clause,
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the EPA's decision takes precedence
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Congress enacts the Supplemental Income Tax Act (SITA) to exempt the citizens of New Jersey from federal taxes until their coastal towns are rebuilt from the ravages of a recent hurricane. SITA will most likely be
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struck down under the taxing and spending clause
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Rodrick, the CEO of Social Post Host claims that certain actions by the state of Texas infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit
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federal and state actions
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The Long-haul Truckers Association wants the federal government to spend funds to build a new highway. Congress can spend revenues
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to promote any objective that it deems worthwhile
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Mariah creates a t-shirt design that expresses support for Nathan, a presidential candidate, and distributes t-shirts imprinted with the design to her friends. The t-shirts are an example of
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symbolic speech
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Port Harbor City enacts an ordinance that bans the distribution of all printed materials on city streets. Later, Quint protests a new "revenue-enhancing" measure also enacted by the city by distributing handbills. When Quint is charged with violating the printed-materials ban, he files a suit against the city. Most likely, the court will hold that the ban is
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an unconstitutional restriction of speech
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Sustainable Products Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is given
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protected
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Taco Hot Dogs regularly advertises its products. Under the First Amendment, in comparison with noncommercial speech, the protection given these ads is
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less extensive
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Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest
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and goes no further than necessary to achieve its purpose
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Utah enacts a law that restricts certain kinds of advertising to protect consumers from being misled. This law would likely be held by a court to be
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constitutional under the First Amendment
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Keralyn creates a Web site to post threatening messages about celebrities. The First Amendment protects such speech
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none of the time
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Oklahoma enacts a law requiring all businesses in the state to donate 10% of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Price Mart files a suit to block the law's enforcement. The court would likely hold that this law violates
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the establishment clause
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Coffee Party Group, a political organization, files a claim to challenge a Delaware statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to
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substantive due process
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In an effort to reduce traffic, Bay City enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of
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the equal protection clause
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Jon, a law enforcement official, monitors Kelsey's Internet activities—e-mail and Web site visits—to gain access to her personal financial data and student information. This may violate Kelsey's right to
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privacy
