Card Set Information
UNT BLAW3430 ch4
Review questions for Business Law and the Regulation of Business, 10th edition, Mann&Roberts, chapter 4
Into how many articles is the US Constitution divided?
What is the Bill of Rights?
The first 10 Amendments to the US Constitution
power to do anything "necessary or proper" to provide for the government
to tax and spend money to govern the people
power to regulate activities within their borders that pertain to health, safety, morals, and general welfare of the people
States reserve and retain all powers ...
... not given to the federal government.
power of the courts to examine governmental actions for thei conformity with the US Constitution
What is the
Separation of Powers/Checks and Balances
separation of powers between:
prevents any branch from becoming too powerful
allows any branch to function without interference from another branch
When is state action prohibited by the Constitution?
When it violates constitutionally protected rights.
Can action taken by private individuals infringe on your constitutional rights?
Yes, if they engage in public functions that are traditionally reserved to the state.
What is included in the 1st Amendment to the US Constitution?
What is included in the 2nd Amendment to the US Constitution?
Right to Bear Arms
What is included in the 4th Amendment to the US Constitution?
Protection against Search and Seizure without "probable cause"
What is included in the 5th Amendment to the US Constitution?
What is included in the 6th Amendment to the US Constitution?
- Jury Trial
- Right to Confront and to Counsel
What is included in the 14th Amendment to the US Constitution?
Privileges and Immunities
Apportionment of Representatives
Civil War Disqualification and Debt
Powers exclusive to
, state and federal government
If there is a direct conflict between state and federal laws, the federal law prevails
federal government may "reserve" a certain area of regulation within its powers so that states and local governments can no longer regulate in this area
What does the
Federal Commerce Clause
grants exclusive power to the
government to regulate
and local governments to regulation of
What are the federal fiscal powers?
borrow and coin money
eminent domain (seizure of property for public use if just compensation)
What are the 3 levels of scrutiny?
rational relationship test
intermediate scrutiny test
strict scrutiny test
What kind of protection of speech does the 1st Amendment grant?
full protection -- government cannot regulate
limited protection -- government can regulate time, place, and manner (offensive speech, commercial speech)
unprotected -- government can forbid (dangerous speech, fighting words, defamation, false advertising, obscene speech)
What is slander?
What is libel?
laws must be clear and not overly broad in scope
procedures depriving an individual of his/her rights must be fair
notice and hearing must take place
What is the rational relationship test?
government action must bear some rational relationship to a legitimate governmental interest furthered by the action
is there a reasonable basis justifying the action?
What is the intermediate scrutiny test?
action is upheld if there is a substantial relationship to an important government objective
applies to governmental action involving a classification based on
What ist the strict scrutiny test?
action is only upheld if it promotes a state interest
applies to governmental action involving
or suspect classifications (