Exam (elaborations)
Business law Actual Exam (A Grade) | Questions with Answers Verified 100% Correct
- Course
- Institution
Business law Actual Exam (A Grade) | Questions with Answers Verified 100% Correct
[Show more]
Content preview
Business law Actual Exam (A Grade) | Questionswith Answers Verified 100% Correct
What is federalism? - ✔✔A system of government in which power is divided between a
central authority and consistent political units
All powers are reserved where in the U.S. as defined by the 10th amendment? - ✔✔In the
states unless constitution takes power away or gives it to the federal government .
10th amendment - all powers that the Constitution neither gives exclusively to the federal
government nor takes from the states are reserved for the states
What is seperation of powers? - ✔✔The powers of the national government are separated
into three separate branches, legislative, executive, and judicial, by the constitution to help
prevent the misuse of the power.
What is the system of checks and balances? - ✔✔a system by which each branch of
government limits power of other branches and keeps any branch from dominating
government
How do the three branches "check and balance" each other? - ✔✔Each branch can limit the
power of the other branches so the power is balanced between them
Executive: Veto proposed laws, appoint judges
Legislative: Impeach, override president vetoes, approves federal judges
Judicial: Determine unconstitutionalw
What is judicial review? - ✔✔the right of a court to pass judgment on the Constitutionality of
laws, Court reviews legislative and executive actions such as a law or official act to determine if
they are constitution.
,Was judicial review explicitly in the Constitution? - ✔✔No, the power of judicial review was
created by case/common law in 1803 in the U.S. Supreme Court case Marbury. Madison
What is the supreme law of the land? - ✔✔U.S. Constitution
How did the supremacy clause in the Constitution resolve the issue regarding the conflict
between state and federal law? - ✔✔It upholds the notion that federal law has the authority
to override state law. Article 6, section 2 of constitution says " the constitution and all laws and
treaties of the U.S. constitute the supreme law of the land. Thus, any state of local law that
directly conflicts with the U.S. constitution or federal laws or treaties is void"
When both state and federal governments have the right to regulate an area (subject matter),
those governments have: - ✔✔concurrent authority/ jurisdiction. General federal
government defers to the state.
Ex. Environmental laws, minimum wage. Have to be stricter, higher, or better
What is a principle asserting the supremacy of federal legislation over state legislation when
both pertain to the same matter? - ✔✔Federal preemption. This doctrine allows the federal
government to strike down laws that do not directly conflict with a federal law but attempt to
regular an area within federal legislative jurisdiction.
What law is the primary source of the federal government's authority to regulate business and
provides the basis for most federal government regulations? - ✔✔The commerce clause
What does the commerce clause do? - ✔✔Clause 3 of Article I, Section 8, of the U.S.
Constitution, which authorizes Congress to "regulate Commerce with foreign Nations, and
among the several States, and with the Indian Tribes. *empowers federal gov. Resists power of
state gov* grants the federal government the authority to pass regulations that significantly
affect interstate commerce.
,Why does the Commerce Clause significantly increase the power of the Federal Government? -
✔✔All commerce is interstate commerce, restricts state authority. If power is given to
federal government then it has been taken from states.
The 1937 NLRB v. Jones & Laughlin Steel corp saw what law interpreted more broadly? -
✔✔The commerce clause. Here the Congress/Supreme Court could regulate labor relations
at a manufacturing plant because a work stoppage at the plant would seriously affect interstate
commerce.
In 1995, in the case of United States v. Lopez, for the first time in almost 60 years the Supreme
Court refused to accept a further expansion of national power based on - ✔✔The commerce
clause.
Congress had exceeded its commerce clause authority when it passed the Gun-Free School
Zone Act, a law banning the possession of guns within 1,000 feet of any school. Court said that
Congress could not regulate in an area that had "nothing to do with commerce, or any sort of
enterprise." Nothing to do with business, more health and safety.
Further example is Christy Brzonkala v Antonio J. Morrison Et. Al. United States Supreme Court,
violence against women act was more health and safety than commerce.
What is the residual power retained by each state to pass laws that protect the health, safety,
and welfare of its citizens? - ✔✔Police power
When the state government has passed a law that affects commerce it is under the law -
✔✔Dormant commerce clause. a restriction on states's authority that is implied in the
commerce clause of the U.S. Constitution: The power given to Congress to enact legislation that
affects interstate commerce in effect prohibits a state from passing legislation that improperly
burdens/ interferes with interstate commerce.
***Explain the dormant commerce clause in action. - ✔✔The dormant commerce clause is
the implied restriction on states commerce power and is intended to promote unrestricted
interstate commerce. A state law banning the important of an out of state product to assist an
, in state industry would violate this cause because it prohibits states fro discriminating against
or excessively burdening interstate commerce.
The final verdict for Black Star Farms, LLC Et. Al. V. Jerry Oliver, Arizona Department of Liquor
License and control said that the three tier system was not discriminatory in what two ways -
✔✔On its face and had no discriminatory effect.
Article 1, section 8 of the constitution gives the federal government the "Power to lay and
collect Taxes, Duties, Imports, and Excises" under what two conditions? - ✔✔1. They must
be uniform across states
2. The motive must be to raise revenue for the government.
Some uses of Article 1, section 8 of the constitution that gives the federal government the
"Power to lay and collect Taxes, Duties, Imports, and Excises" are - ✔✔grants Congress
spending power by authorizing it to "pay the Debts and provide for the common Defense and
general Welfare of the United States" can spend money to encourage certain behavior
Can give tax credits for firms entering favored industries for the benefit of the general
governments,
can use spending to achieve social welfare objectives
What clause in the U.S. Constitution requires a state to grant citizens of other states the same
legal benefits that it grants its own citizens? - ✔✔The privileges and immunities clause.
Article IV, Section 2, of the Constitution states that "Citizens of each State shall be entitled to all
Privileges and Immunities of Citizens in the several States. Prohibits discrimination of non
residents in ordinary and essential activities.
discrimination based on substantial reason, ex. Out of state residents pay more for college
because they don't pay taxes to that state.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Examsplug. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $13.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
78140 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now