LES 305 Exam 2 || 100% Errorless Answers.
Separation of Powers correct answers the division of power among the legislative, executive, and
judicial branches of government.
Article I correct answers Legislative Branch (House of Rep and Senate.)
Article II correct answers Executive Branch (President/Election.)
Article III correct answers Judicial Branch (Creates U.S. Supreme Court. Authorizes Congress to
establish other courts as needed; Congress has established U.S. Court of Appeals and Federal
District Court .)
Checks and Balances correct answers each branch has some power check over the other to keep
any one from becoming too powerful.
Article IV correct answers Relations among the States.
Article V correct answers provides rules for amending and changing the constitution.
Article VI correct answers contains supremacy clause.
Article VII correct answers State Ratification of the Constitution.
The Bill of Rights correct answers First-Freedom of Speech, Fourth-Privacy, Fifth-Due Process
and Self Incrimination, Sixth- Jury Trial, Fourteenth Amendment- Equal Protection.
The Commerce Clause correct answers This clause states that Congress has the power to regulate
commerce with foreign nations, and among the states.
State Regulation of the Commerce Clause correct answers whether federal regulation supersedes
state involvement and whether the benefits achieved by regulation outweigh burden on interstate
commerce. To prevent states from giving local businesses an unfair advantage.
Morrison Case correct answers The United States Supreme Court determined that the Violence
Against Women's Act exceeded Congressional authority to regulate commerce under the
Commerce Clause in U.S. v. Morrison because violence is not an economic activity.
Police Power correct answers state power to enact laws promoting health, safety, and morals.
Interstate Commerce Tax correct answers Must meet four points: 1) Tax cannot discriminate
against interstate commerce 2) Tax cannot be an undue burden on interstate commerce 3) Must
be a "sufficient nexus" between the state and the business being taxed (activity in the state) 4)
Must be apportioned fairly (depends on revenue they make in the state.)
, Supremacy Clause correct answers The constitutional provision that makes the Constitution and
federal laws superior to all conflicting state and local laws. (Article VI)
Preemption correct answers The right of a federal law or regulation to preclude enforcement of a
state or local law or regulation. Must follow four rules: 1) What does the legislative history say?
2) How detailed is the federal regulation of the area? 3) What benefit exist from having federal
regulation of the area? 4) How much does state law conflict with federal law? Can they coexist?
Altria Case correct answers Altria said "light" cigarettes would have less tar but they actually
didn't. Smokers said they violated Maine law, but Congress dismissed because a federal law
already explained health risks and didn't preempt.
Commercial Speech correct answers speech used to further the economic interests of the speaker.
Nike Case correct answers Man sued for Nike lying about conditions of foreign factories. Case
illustrates that commercial speech may include interviews, press releases, and comments in the
editorial pages in the newspaper.
Corporate Political Speech correct answers Corporate Participation in Campaigns Is Given Full
First Amendment Protection.
Eminent Domain correct answers Fifth Amendment right of government to take private property
for government purposes. Must have a public purpose, taking or regulating of property, and just
compensation.
Procedural Due Process correct answers Right to notice of hearings
Right to be heard
Applies to criminal, civil, and administrative proceedings.
Substantive Due Process correct answers State Laws Cannot Substantively Eliminate Rights
Without Some reason.
Equal Protection Rights correct answers Regulation must apply to all businesses.
US vs Park Case correct answers There were rats at a facility but Park didn't do anything about
it. The Court held that if someone were to willingly be in charge of a company, and therefore its
problems, then he or she willingly accepts the consequences of any illegal practices that his or
her company or organization is involved in.
Sarbanes-Oxley correct answers Increases penalties.Creates new crimes for certification of false
financial statements.Increased penalties for obstruction, mail, and wire fraud. Scrushy first CEO
tried, but not convicted
Reforming Criminal Penalties correct answers 1)Concern is that they are directed at "natural"
persons and not "artificial corporate persons Examples: Fines are small; imprisonment 2) Placing
penalties as a percentage of company profits is an alternative 3) Prison sentences for officers and
Separation of Powers correct answers the division of power among the legislative, executive, and
judicial branches of government.
Article I correct answers Legislative Branch (House of Rep and Senate.)
Article II correct answers Executive Branch (President/Election.)
Article III correct answers Judicial Branch (Creates U.S. Supreme Court. Authorizes Congress to
establish other courts as needed; Congress has established U.S. Court of Appeals and Federal
District Court .)
Checks and Balances correct answers each branch has some power check over the other to keep
any one from becoming too powerful.
Article IV correct answers Relations among the States.
Article V correct answers provides rules for amending and changing the constitution.
Article VI correct answers contains supremacy clause.
Article VII correct answers State Ratification of the Constitution.
The Bill of Rights correct answers First-Freedom of Speech, Fourth-Privacy, Fifth-Due Process
and Self Incrimination, Sixth- Jury Trial, Fourteenth Amendment- Equal Protection.
The Commerce Clause correct answers This clause states that Congress has the power to regulate
commerce with foreign nations, and among the states.
State Regulation of the Commerce Clause correct answers whether federal regulation supersedes
state involvement and whether the benefits achieved by regulation outweigh burden on interstate
commerce. To prevent states from giving local businesses an unfair advantage.
Morrison Case correct answers The United States Supreme Court determined that the Violence
Against Women's Act exceeded Congressional authority to regulate commerce under the
Commerce Clause in U.S. v. Morrison because violence is not an economic activity.
Police Power correct answers state power to enact laws promoting health, safety, and morals.
Interstate Commerce Tax correct answers Must meet four points: 1) Tax cannot discriminate
against interstate commerce 2) Tax cannot be an undue burden on interstate commerce 3) Must
be a "sufficient nexus" between the state and the business being taxed (activity in the state) 4)
Must be apportioned fairly (depends on revenue they make in the state.)
, Supremacy Clause correct answers The constitutional provision that makes the Constitution and
federal laws superior to all conflicting state and local laws. (Article VI)
Preemption correct answers The right of a federal law or regulation to preclude enforcement of a
state or local law or regulation. Must follow four rules: 1) What does the legislative history say?
2) How detailed is the federal regulation of the area? 3) What benefit exist from having federal
regulation of the area? 4) How much does state law conflict with federal law? Can they coexist?
Altria Case correct answers Altria said "light" cigarettes would have less tar but they actually
didn't. Smokers said they violated Maine law, but Congress dismissed because a federal law
already explained health risks and didn't preempt.
Commercial Speech correct answers speech used to further the economic interests of the speaker.
Nike Case correct answers Man sued for Nike lying about conditions of foreign factories. Case
illustrates that commercial speech may include interviews, press releases, and comments in the
editorial pages in the newspaper.
Corporate Political Speech correct answers Corporate Participation in Campaigns Is Given Full
First Amendment Protection.
Eminent Domain correct answers Fifth Amendment right of government to take private property
for government purposes. Must have a public purpose, taking or regulating of property, and just
compensation.
Procedural Due Process correct answers Right to notice of hearings
Right to be heard
Applies to criminal, civil, and administrative proceedings.
Substantive Due Process correct answers State Laws Cannot Substantively Eliminate Rights
Without Some reason.
Equal Protection Rights correct answers Regulation must apply to all businesses.
US vs Park Case correct answers There were rats at a facility but Park didn't do anything about
it. The Court held that if someone were to willingly be in charge of a company, and therefore its
problems, then he or she willingly accepts the consequences of any illegal practices that his or
her company or organization is involved in.
Sarbanes-Oxley correct answers Increases penalties.Creates new crimes for certification of false
financial statements.Increased penalties for obstruction, mail, and wire fraud. Scrushy first CEO
tried, but not convicted
Reforming Criminal Penalties correct answers 1)Concern is that they are directed at "natural"
persons and not "artificial corporate persons Examples: Fines are small; imprisonment 2) Placing
penalties as a percentage of company profits is an alternative 3) Prison sentences for officers and
