Exam 4: A: Constitutional Authority to Regulate Business

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Congress may tax some states and exempt others.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Brad stands in front of Rustler's Round-Up Café,shouting "fighting words" that are likely to incite Rustler's patrons to respond violently.The First Amendment protects such speech

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Kansas enacts a law requiring all businesses in the state to donate 10 per?cent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level.Lo-Price Stores files a suit to block the law's enforcement.The court would likely hold that this law violates

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -The Tourist Travelers Association wants the federal government to spend money to build a new highway.Congress can spend revenues

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Ralph,an investigator for the Securities and Exchange Commission,goes to the offices of Trust & Worthy Accountants to inspect Trust & Worthy's clients' business records.Government inspectors generally have a right to enter business premises

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Congress enacts the Supplemental Income Tax Act (SITA)to exempt the citizens of Louisiana from their federal taxes until New Orleans is rebuilt from the ravages of Hurricane Katrina.SITA will most likely be

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Household Furnishings,Inc. ,distributes its merchandise on an inter?state basis.Under the commerce clause,Congress has the power to regulate

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -The Alabama Consumer Protection Agency (ACPA)investigates the marketing practices of Beta Sales,Inc.The ACPA serves a subpoena on Beta,ordering the firm to provide certain business records,including its marketing agreements with other companies.Beta refuses to comply with the subpoena.On what is Beta most likely basing its refusal? Is a court likely to support Beta's position? Why or why not?

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Mercy,the chief executive officer of Medico Hospital Corporation,claims that certain actions by the state of New York infringe on rights guaranteed by the Bill of Rights.Most of these rights are held to limit

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -A search warrant must particularly describe whatever is to be searched.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -All powers not specifically delegated to the federal government are reserved to the states.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -The states can regulate any activity that substan?tially af?fects interstate commerce.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -The First Amendment requires a complete separation of church and state.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -A state legislature enacts a statute that prohibits the advertising of video games "because the games might be harmful to minors." Despite this new statute,the president of Games Marketing,Inc.(GMI),orders GMI marketers to place ads in any media.When a GMI ad appears on HDTV,a local television station,GMI and HDTV are charged with violating the statute.What is the defendants' best defense against a conviction?

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Direct Mail Sales,Inc. ,regularly advertises its products.Under the First Amendment,in comparison to noncommercial speech,these ads are given

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Energy Corporation regularly expresses opinions on political issues.Under the First Amendment,corporate political speech is given

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Under the Constitution

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Colorado enacts a statute that bans the distribution of anonymous politi?cal leaflets.A court would likely hold this to be

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Pretexting is the process of obtaining information by false means.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Harbor Town enacts an ordinance to allow only a few street vendors to op?er?ate in certain areas,for the purpose of reducing traffic.A court would likely review this ordinance under the principles of