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Business Law > Chapter 4 Constitutional Law > Flashcards

Chapter 4 Constitutional Law Flashcards

1
Q

What term refers to one’s nationality?

A

Suspect Classification

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2
Q

What term refers to the federal government’s power to regulate interstate commerce?

A

Federal fiscal powers

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3
Q

What does the Constitution establish?

A

1) rights of citizens/individuals
2) structure of government
3) limitations / framework breaks down allocation of power

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4
Q

What are the 5 basic principles of the constitution?

A

1) Separation of Powers
2) State Action
3) Popular sovereignty
4) Checks & Balances
5) Federalism

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5
Q

What amendment covers federalism? “state reserved rights”

A

10th - anything not exclusive federal is left to the states

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6
Q

What case established the Supremacy clause

A

mcculloch v maryland

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7
Q

What case established federal preemption

A

Silkwood v Kerr McGee

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8
Q

What is preemption? When used?

A

state and federal statutes conflict, federal takes preempts/takes place
federal law supersedes state

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9
Q

What case established judicial review

A

marbury v madison

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10
Q

What power may be extended by statute to apply to individual private activity?
In what case?

A

State action

when responsibility trickles down to subdivisions
ex: schools, other public entities

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11
Q

Strict scrutiny applies to what subject matters?

A

fundamental rights (abortion?, vote, marry, speech)
or
suspect classification

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12
Q

Williamson v Lee Optical
what happened and what scrutiny test?

A

law prohibited non-licensed optometrists from fitting glasses and duplicating prescription lenses. Lee optical challenged
ruled in favor or OK law b/c under Rational Relationship, did not violate 14th due process and involves economic matter

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13
Q

Plyler v Doe
what happened and what scrutiny test?

A

Intermediate (state citizenship)
state statute denying undocumented children from attending free public school within state borders
- violated equal protection clause

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14
Q

US v Virginia (VMI)
what happened and what scrutiny test?

A

unconstitutional due to the 14th amendment’s equal protections clause to only accept males.
- intermediate (gender)

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15
Q

cases of strict scrutiny tests and why

A

Brown v Board of Ed - fundamental right 14th equal protection, segregation is unconstitutional as did NOT pursue government interests & not compelling enough to achieve goal

Loving v Virginia - infringes on right to marriage, 14th equal protection and due process. interracial marriage

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16
Q

What does commerce clause grant?

A

Gives BROAD power for the Federal Government to regulate the economy and it’s activities
- foreign and interstate

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17
Q

What case involved challenging a Texas education law that deprived undocumented alien children?

A

Plyler v Doe

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18
Q

Which structiny test would be used for the right to vote in the election for a state governor

A

Strict –> fundamental right to vote

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19
Q

Separate but equal

A

plessy v ferguson

20
Q

NCAA v Tarkanian

A

principle of State action

21
Q

which test explored whether a government action has SUBSTANTIAL relationship to the government objective or public concern

A

intermediate

22
Q

Why was Williamson v Lee optical evaluated under rational relationship

A

involved economic issue/regulation

23
Q

What case set the four standards for commercial speech

A

Central Hudson Gas v Public Service Commission
- regulation impeded on 1st amendment freedom on speech
- prohibited advertising right of electric utility companies
- rational relationship test

24
Q

WHILE CORPORATIONS ARE PERMITTED TO SPEAK OUT ON POLITICAL OR SOCIAL ISSUES, IF THEY DO SO THERE IS NO PROTECTION FROM WHAT?

A

effects of public opinion and views of brand, choice to disengage w/ business

25
Q

THIS LIMITATION OF BOTH FEDERAL AND STATE GOVERNMENTS MAY ASK EITHER “WHAT RIGHT IS BEING DENIED” OR “HOW DID THEY TAKE MY RIGHT AWAY?”

A

Substantive and Procedural Due Process (5th fed and 14th state)

26
Q

two obstacles to eminent domain

A

1) Providing REASONABLE PUBLIC NEED
2) Negotiating fair compensation

27
Q

WHICH CLAUSE ALLOWS FOR THE FEDERAL GOVERNMENT TO REGULATE MATTERS WITH POSSIBLE STATE EXCLUSION “IF CONGRESS INTENDS TO”

A

Preemption - authority of the Congress under the supremacy clause of the U.S. Constitution to enact statutes that displace or replace state and/or local laws and powers.

28
Q

What does “if congress intends to” mean in terms of the preemption clause?

A

federal law will preempt/overtake existing state law if it was Congress’s intention/goal
- verbiage in federal statutes include statement of intent/purpose and will reference

29
Q

What case explored whether a federal agency governance preempted a state’s ability to seek remedy for harm to it’s residents/citizens?

A

Silkwood v Kerr McGee
- Nuclear regulatory commission has exclusive power to set safety standards does NOT enclose use of state tort remedies
- federal preemption of state regulation for safety does NOT extend the state award of punitive damages for conduct related to radiation hazards
- congress had NO intent
- SCOTUS overturned decision in which punitive damages were awarded

30
Q

What are the federal fiscal powers

A

1) power to tax, impose duties, imposts, excises - econ. reg.
2) spend - pay debts & spend for common defense & general welfare
3) coin and borrow
4) eminent domain (5th amendment)

31
Q

What are the limitations of federal fiscal powers

A

1) Federal gov’t can only directly tax in form of income taxes
2) all customs duties and excise taxes must be uniform
3) No duties may be levied on exports from states (no intrastate commerce taxes)

32
Q

What must plaintiff prove in Private person v private defamation case?

A

1) False statement
2) caused injury/harm (defamatory statement)
3) publication - spread to at least one third party

33
Q

Legal for private schools to dismiss student for honor code violation w/o HEARING (due process) but NOT public b/c of what principle?

A

State action

34
Q

THE CASE THAT CREATED THE “ACTUAL MALICE STANDARD” USED FOR DEFAMATION CASES INVOLVING PUBLIC FIGURES IS?

A

NYT v Sullivan

35
Q

WHICH TYPE OF DEFAMATION COVERS OUR CURRENT DIGITAL PLATFORM OF COMMUNICATION?

A

libel

36
Q

THE POWER OF THE GOVERNMENT TO TAKE PRIVATE LAND FOR REASONABLE PUBLIC USE AND COMPENSATE THE OWNER AT FAIR MARKET VALUE IS KNOWN AS

A

Eminent domain

37
Q

what principle allocates different powers to branches of government

A

separation of powers

38
Q

IN WHICH SUCCESSFUL DEFAMATION CASE DID THE PLAINTIFF PROVE NEGLIGENCE ON THE PART OF THE DEFENDANTS?

A

Sandmann v CNN. Wash Post

39
Q

What does the plaintiff in private persons v news media have to prove to satisfy burden of proof?

A

1) false
2) defaming - causing harm
3) negligence (w/o verification) or malicious intent

40
Q

WHAT IS THE DIVISION OF GOVERNING POWER BETWEEN THE FEDERAL GOVERNMENT AND THE STATES?

A

federalism

41
Q

WHICH TYPE OF SPEECH IS THE LEAST PROTECTED WITH THE MOST GOVERNMENTAL CONTROL?

A

Commercial

42
Q

order of protected speech (least to most)
least protected = most regulated

A

commercial –> Corporate political –> individual/private

43
Q

Substantive Due Process v Procedural

A

substantive = what, subject matter, the substance, defines
- WHAT right is being denied
- ex: suing for not denying miranda rights

procedural = how - life, liberty, property
- HOW is right being denied

44
Q

Example of Procedural due process case

A

Kennedy v Louisiana
- SCOTUS ruled that capital punishment for child rape was cruel and unusual, violating procedural due process

45
Q

what scrutiny test would commercial speech fall under?

A

intermediate - subject matters are gender/class/citizenship AND commercial speech (Central hudson)

46
Q

For statute to pass rational relationship test, what must it involve?

A

must further a LEGITIMATE objective/concern - must be actual logical need behind it

47
Q

Why is commercial speech the least protected/most controlled by govt?

A

b/c misrepresentation in advertisements can negatively affect the general welfare, make poor economic choices due to misleading info.

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