Exam 1: The Legal and Constitutional Environment of Business

When state regulations affect interstate commerce,commerce must always yield to the regulations.

The Constitution provides that no person shall be deprived of "life,liberty,or property without due process of law." Under this clause,"persons" include

Orin claims that a Pennsylvania state statute infringes on his "substantive due process" rights.This claim focuses on

Most state trial court decisions are not published.

Melanie engages in speech that harms others' good reputations on her blog at no.lie.com.The First Amendment gives such speech

The legislature of the state of Missouri enacts a new statute that sets standards for the liability of businesses selling defective products.This statute applies

The First Amendment requires a complete separation of church and state.

Theoretically,Congress can regulate every commercial enterprise in the United States.

Fact Pattern 1-1 The Texas Supreme Court decides the case of Livewire Co. v. Power Corp. Of nine justices, five believe the judgment should be in Livewire’s fa¬vor. Justice Bellamy, one of the five, writes a separate opinion. The four justices who believe the judgment should be in Power’s favor join in a third separate opinion. -Refer to Fact Pattern 1-1.These opinions are collected and published in volumes called

Lewis is a state court judge.Like other judges,Lewis often refers to secondary sources of law for guidance.These sources include

Under Ohio's state constitution,the Ohio Environmental Protection Agency issues a new rule,the Polk County Commission approves a new property tax measure,and the professors and students at Ohio Law School publish the results of their most recent legal research.Sources of law do not include

A court may depart from a precedent if the court decides that the precedent should no longer be followed.

Political speech that would otherwise be protected by the First Amendment is prohibited if its source is a corporation.

Courts can rely on the common law as a guide to interpreting legislation.

The law establishes rights,duties,and privileges that are consistent with the values of society.

A restriction on commercial speech that implements a substantial government interest may be valid.

Criminal law focuses on duties that exist between persons.

A Minnesota state statute restricts certain kinds of advertising to protect consumers from being misled.A court would likely hold this statute to be

A court's direction to a party to do or to refrain from doing a particular act is a rescission.

In Export Co.v.Finance Corp. ,there is no precedent on which the court can base a decision.The court can consider