Exam 4: B: 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. -The right to due process of law applies to corporations.

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. -Minnesota enacts a statute to ban advertising in "bad taste." This stat?ute would likely be held by a court 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. -The police obtain a search warrant and search Errol's apartment.After yelling obscenities at the officers,Errol confesses to a crime and impli?cates his friends.The Constitution protects against

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. -Jon,a law enforcement official,monitors Kelsey's Internet activities-e-mail and Web site visits-to gain access to her personal financial data and student information.This may violate Kelsey's right to

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 law that has any impact on religion is unconstitutional.

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. -Tami's Tasty Tacos,a mobile vendor,files a suit against the state of Utah,claiming that a Utah state law violates the commerce clause.The court will agree if the statute imposes a substantial burden on

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 a law that sets out a medical-device approval process for the Food and Drug Administration to follow.The law includes a preemption provision.A device that goes through the process injures Joe,who files a claim under state law to recover.The court will most likely rule that

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 taxing and spending clause of the U.S.Constitution has had a greater impact on business than any other clause in 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. -Congress can regulate all commerce in the United 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. -Ulrich,a citizen of Virginia,wants to enforce in the state of Washington certain rights that he has under a contract with Xtreme SnoBoards Inc.A Washington state court is most likely to enforce such rights under

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. -Whether the federal government has preempted a certain area is always clear.

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 Motor Vehicle Insurance 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. -The state of New York regulates private activities to protect or promote the public or?der,health,safety,and general welfare under its

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 law that regulates economic matters violates the equal protection clause.

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. -Reusable Energy Corporation regularly expresses opinions on political issues.Under the First Amendment,corporate political speech is

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 checks and balances in the U.S.Constitution prevent any one branch of government from exercising too much power.

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. -National legislation governs nearly every major business activity,including conduct that has nothing to do with 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 Financial Institutions Association would like a certain law enacted,administered,interpreted,and enforced in the best interest of its members,which include banks.Under the Constitution,Congress

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 establishment clause of the U.S.Constitution prohibits the federal government from promoting a religion.

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. -Procedural due process requires that any government decision to take a person's property must be made fairly.