Exam 4: Constitutional bases for business regulation

Whenever a governmental action affects a person's life,liberty,or property,the due process requirement applies,and some form of _________ is required.

The Bill or Rights consists of which of the following?

State Y is planning a new superhighway.The traffic in state Y does not require any new roads.However,the state wishes to be the first in the U.S.to have a wild animal park running down the center of its highway.This will require 40% more land than ordinary superhighways.Claiming the power of eminent domain,the State has attempted to take Greg's house.Greg has filed suit to prevent this.How will the court decide this case and why?

The U.S.Supreme Court has original jurisdiction over cases affecting ambassadors and cases in which a state is a party.

The Tenth Amendment immunizes states from lawsuits in federal court brought by citizens of another state or of another nation.

A law enacted to punish a specific individual would be an example of a(n)

The U.S.Supreme Court struck down as unconstitutional the line-item veto given to the president by Congress.

Obscene material does not enjoy any protection under the First Amendment.

Fact pattern 4-2 Wally,a law school student,is an intern for Rebecca,an assistant professor who is attempting to get tenure at Imperial Law School in part by getting an article published on the right to a jury trial.Rebecca asks Wally to explain to her the right to a jury trial under the U.S.Constitution as applied to jury trials involving state law. -Refer to fact pattern 4-2.Which of the following sections of the U.S.Constitution should Wally reference when discussing the matter of the right to a jury trial with Rebecca?

The Fifth Amendment contains the "due process" restriction on actions by the federal government.

Fact pattern 4-3 Polly owns restaurant which seats 50 people.She just learns of a newly enacted city law in her jurisdiction requiring that all restaurants,but not other businesses,pay a special tax allocated to the health department to be used for inspections of restaurants.She also learned that Frank,the local mayor who recently went through a nasty divorce,was able to get passed a law requiring that restaurants owned by women pay a higher fee to receive a business license than those owned by men.Polly is angry about both laws and wants to take action to have them struck down. -Refer to fact pattern 4-3.Which of the following is the city's best argument that the law imposing a higher fee on female restaurant owners should be upheld?

In order to qualify for a public permit,State A has just passed a law requiring all organizations to file in advance the text of any and all speeches to be used in a rally.You are the attorney for the National Association of Homeless Persons,(NAHP)which wishes to hold a rally.You file suit based on your organization's First Amendment rights.How would the court most likely decide your case and why? Discuss.

Bruce is in charge of the library for a local public school and asks you if he is required to take any action to prevent students from viewing obscene material.What would you tell him?

The Equal Protection Clause of the Fourteenth Amendment limits the power of the federal government to regulate commerce.

The Free Exercise Clause prohibits all restrictions on the practice of religion.

Laws that punish actions that were not illegal when performed are known as

Fact pattern 4-2 Wally,a law school student,is an intern for Rebecca,an assistant professor who is attempting to get tenure at Imperial Law School in part by getting an article published on the right to a jury trial.Rebecca asks Wally to explain to her the right to a jury trial under the U.S.Constitution as applied to jury trials involving state law. -Refer to fact pattern 4-2.What should Wally tell Rebecca regarding whether the U.S.Constitution requires that jury trials be held in state court civil cases?

Fact pattern 4-1 Martin is a legal secretary for Allison,a partner in a large law firm in Knoxville.Allison finds Martin quite annoying.The last straw occurs when Martin tells Allison that she looks pale and appears to have been partying a bit too hard.Allison fires Martin on the spot.Martin tells Allison that he has been studying constitutional law and that she is guilty of violating not only his due process rights but his equal protection rights as well.Martin says that he was entitled to a hearing before any disciplinary action was taken and that the firm's practice is that all secretaries are entitled to tell attorneys when they do not appear to be functioning at their best.Martin says that he is filing suit tomorrow. -Refer to fact pattern 4-1.Which of the following is true regarding Martin's ability to win on a claim alleging violation of the due process clause of the U.S.Constitution?

Fact pattern 4-2 Wally,a law school student,is an intern for Rebecca,an assistant professor who is attempting to get tenure at Imperial Law School in part by getting an article published on the right to a jury trial.Rebecca asks Wally to explain to her the right to a jury trial under the U.S.Constitution as applied to jury trials involving state law. -Refer to fact pattern 4-2.What should Wally tell Rebecca regarding whether the U.S.Constitution requires that jury trials be held in federal civil court cases applying state law?

State X has just passed a law prohibiting an insurance company from canceling for any reason any physician's malpractice insurance coverage regardless of what any current policy provides.State X claims that the law is needed to protect physicians and guarantee the provision of medical coverage to citizens.The insurers claim that the law is invalid based upon Article I,Section 10 of the Constitution.Set forth the provisions of that section,discuss how it is applied,and whether the law should be upheld.