Exam 4: Constitutional bases for business regulation

The Seventh Amendment gives the right to a jury trial in civil cases when the value in dispute is greater than ______.

Which of the following was the result in the case in the text challenging regulations involving the posting to a website of human readable source code of an encryption software program?

Under what circumstances is state law preempted in favor of federal law?

No provisions of the Bill of Rights have been held to limit the actions of state governments because the Bill of Rights only applies to federal government actions.

The U.S.Supreme Court upheld a federal law banning guns near schools as being within Congress's power under the Commerce Clause.

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?

Procedural due process protects fundamental rights.

The case of Marbury v.Madison gave federal courts the power to review acts of the other two branches of the federal government to determine the existence of constitutional violations.

In the U.S.,racist speech is unprotected by the First Amendment.

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

Which of the following was the result in Florida v.U.S.Department of Health and Human Services,the case in the text in which the Eleventh Circuit reviewed provisions of the Patient Protection and Affordable Care Act containing as one of its provisions that Americans or their employers purchase health care insurance?

Which of the following is not one of the three branches of government?

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?

In which of the following cases did the U.S.Supreme Court uphold Title II of the Civil Rights Act of 1964 prohibiting discrimination or segregation on the grounds of race,color,religion or national origin in any inn,hotel,motel,or other establishment of more than five rooms that provides lodging to transient guests?

Which of the following ws the result at the U.S.Supreme Court level in Citizens United v.Federal Election Commission in regard to the constitutionality of corporate political expenditures?

The executive privilege fails to protect the President during his or her term of office from civil litigation over events that occurred before he or she took office.

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

State X passes a law restricting the right of citizens to vacation in foreign countries because the state prefers that its citizens spend their vacation dollars in the U.S. A group of state citizens challenge the law. Set forth the standard a court would apply in reviewing the law and the likely outcome of the case.

State X has passed legislation to limit the amount of out-of-state widgets sold in the state.You are asked by an out-of-state manufacturer to file a complaint in federal court to fight the law.What is your best argument?

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