1) What is the simplest ADR form? Most popular? Cheapest/fastest? - ANSWER
Simplest: negotiation
Popular: mediation
Cheapest/Fastest: arbitration
2) Police Powers - ANSWER states can regulate private activities
3) Privileges and Immunities - ANSWER citizens have rights to basic and
essential activities in all states
4) Full Faith and Credit Clause - ANSWER rights established under
deeds/wills/contracts must be honored in other states
5) Commerce Clause (def, interstate or intrastate?) - ANSWER give fed gov
power to regulate mvmt of goods and services
started with only interstate power (mvmt b/t states) but added intrastate power
(w/in states)
,6) Dormant Commerce Clause - ANSWER state can't regulate interstate
commerce - courts balance state interest against burden on interstate commerce
8) Taxing Power - ANSWER Congress can tax, but must be uniform across
states
9) Spending Power - ANSWER Congress pays debts and provides defense and
welfare - rarely challenged
10) Commercial Speech (when do restrictions uphold?) - ANSWER speech
made by busn, protected but not as much as normal speech
Central Hudson Test:
1. speech is lawful and not misleading
2. gov. has substantial interest supported by law
3. law must directly advance governmental interest
4. law is narrowly tailored to accomplish objectives
11) Unprotected Speech - ANSWER 1. Defamation: lies harming one's rep
2. Lewd and obscene speech: hard to define
3. Threatening speech
12) 4th Amendment (exceptions) - ANSWER Prohibit unreasonable search
and seizure
Need warrant, to get warrant must have probably cause to find illegal activity
Exceptions: if item will likely be removed before warrant,m plain view, consent
, 13) Search and Seizure regarding Businesses - ANSWER Need less probable
cause
Warrant not required if:
- spoiled/contaminated food
- highly regulated industry (guns, liquor)
14) 5th Amendment - ANSWER Self-incrimination - one can refuse to answer
authorities
Applies to sole proprietors, but not corps/partnerships
15) Due Process - ANSWER 5th and 14th Amendments
All must be treated fairly under law
Procedural and Substantive Due Process
16) Substantive Due Process Standards of Reviews - ANSWER Tests courts
require gov to pass when law violates due process and equal protection rights
1. Strict Scrutiny: if a legislation restricts "fundamental rights," a compelling gov.
interest must be promoted by legis.
2. Rational Basis: for other legis (social and economic issues), requires legis.
relates rationally to legit gov purpose
17) Difference between substantive due process and equal protection? - ANSWER
Substantive Due Process: law limits liberty of all ppl to do something
Equal Protection: law limits liberty of some ppl but not others
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