LEB 320F Unit 3 Criminal Law and Constitutional – Info Exam Questions with Correct Answers
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LEB 320F
Institution
LEB 320F
The Commerce Clause - Answer-Allows the government to regulate interstate commerce and to regulate commerce occurring entirely within the border of a single state as long as the commercial activity had "any appreciable effect" on interstate or foreign commerce.
The Supremacy Clause - Answer-Make...
LEB 320F Unit 3 Criminal Law and
Constitutional – Info Exam Questions
with Correct Answers
The Commerce Clause - Answer-Allows the government to regulate interstate
commerce and to regulate commerce occurring entirely within the border of a single
state as long as the commercial activity had "any appreciable effect" on interstate or
foreign commerce.
The Supremacy Clause - Answer-Makes federal law the "supreme law of the land". If
the Constitution gives a power to the federal gov, the federal gov also has the authority
to prohibit the states from exercising a similar power (Express Preemption).
- ex. Only federal gov can protect inventors through patents.
Implied Preemption - Answer-Blocks states from creating their own laws even if
Congress does not specifically prohibit such actions. Someone attempting to prove
implied federal preemption must
1) prove that existing federal regulation is comprehensive (Congress attempted to
impose a fairly complete regulatory structure on this type of activity).
2) show that there is a very strong need for a uniform national regulatory policy in this
area so that state laws would interfere with the federal regulatory effort.
- ex. State's cannot enact legislation dealing w/ employer-labor union relations as
Federal framework is already in place to deal with organizing unions and labor
organizations often deal w/ multiple states that a particular employer does business in.
- State's can still protect their interest when there is implied preemption by creating laws
that do not directly interfere w/ the federal regulatory objectives
Discrimination Against Interstate Commerce - Answer-A state cannot pass a law that
discriminates against interstate commerce. This would violate the SUPREMACY
CLAUSE because it would interfere with the federal governments power to control
interstate commerce.
ex. Texas only allowing oil produced here to be sold here.
Unduly Burdening Interstate Commerce - Answer-The court uses a balancing analysis
to determine how much a state law burdens interstate commerce in regards to how
much the law benefits the state.
- ex. A state law aimed at preventing the spread of a citrus fruit disease that could wipe
out a major industry in the state would be allowed to burden interstate commerce to a
greater extent than one aimed at protecting an economic interest of a lesser magnitude.
- ex. New Jersey's state law that requires all Apples be stamped and packaged a certain
way would unduly burden interstate commerce as it would be very expensive for
Washington apple growers.
,Privileges and Immunities - Answer-States may not discriminate against citizens who
live out of state. For example, nonresidents must be allowed to use the state's highways
and court system.
- Protects only those privileges and immunities that are "fundamental"
- One of only constitutional protections that applies to only individuals and not
corporations
Freedom of Speech - Answer-- Also includes the right to avoid expressing opinions that
we do not agree with.
- Corporations are also allowed free speech as it contributes to the public debate on
important issues.
- Political donations are considered a form of free speech and they do not lose their free
speech attributes just because they are made by corporations.
Commercial Speech - Answer-- Advertising is protectable primarily because of its
informational value
- In order for a commercial speech REGULATION to be constitutionally permissible it
must 1) must concern lawful activity and not be misleading, 2) The governmental
interest benefiting from the regulation must be substantial, and 3) the regulation must
directly advance the governmental interest and not be more expensive than is
necessary.
- ex. Virginia law that banned prescription drug companies from advertising the price of
their drugs.
Equal Protection - Answer-The 14th Amendment requires that the gov extend to anyone
living in its jurisdiction Equal Protection under the law.
- In a 14th Amendment case a plaintiff is arguing that he is being treated less favorably
than people in other groups.
Rational Basis Scrutiny - Answer-For social and economic regulations the gov normally
must only convince the court that there is a rational basis for the law that
"fundamentally" violates the Equal Protections Clause.
- so long as the court decides there is some non-ridiculous reason for the rule, it will
stand.
- ex. only the poor need welfare, some jobs are more dangerous and need laws to
protect their workers but others do not
Strict Scrutiny - Answer-When laws make distinctions based on race, national origin, or
fundamental rights the gov must show a compelling rationale to justify the law - very few
laws are passed.
Intermediate Scrutiny - Answer-When laws make distinctions based on gender govs
must argue that their law substantially advances an important gov interest
Due Process - Answer-Substantive due process - the substance or content of laws must
be at least minimally fair. Laws viewed as irrational may be struck down.
, Procedural due process - the gov must follow certain steps before it takes life, liberty, or
property. 1) advanced notice of the proposed action, 2) an "opportunity to be heard",
and 3) an impartial decision maker.
Takings Clause - Answer-The gov can take your land for a public purpose, even if you
don't want to relinquish it with the power of EMINENT DOMAIN. It entitles the owner of
the land to just compensation.
- Sometimes if a regulation that limits the uses an owner can make of his own property
that will not constitute a taking and the owner will not receive compensation (zoning
laws almost never constitute a taking).
Criminal Cases - Answer-A prosecutor must demonstrate beyond a reasonable doubt
that:
1) a defendant's actions violated a criminal statute
2) the defendant committed the illegal acts beyond a reasonable doubt
3) the defendant intended to violate the law
- Many defendants attempt to prove that a defendant did not intend to break the law
(person is insane)
Insider Trading - Answer-If insiders or individuals with similar duties (auditors) have info
about a company that is not available to the public, they must either disclose it or
abstain from trading that company's shares.
- Misappropriators are people that have inside info about a merger w/ another company
and choose to trade in that other company's stock.
- tippees are people who received tips from insiders. They are not liable for insider
trading if they do not know that the info is secret.
White Collar Crime - Answer-A company must bear the responsibility for the illegal
actions of an employee if the actions of the employee benefit the corporation
(RESPONDEANT SUPERIOR).
Can corporations be held liable for white collar crime? - Answer-Used to be that they
couldn't because it seemed impossible to establish mens rea or punish through
incarceration, but now it is seen that employees can provide mens rea and punishment
can be furnished by other means.
Does Congress exercise the law of preemption? - Answer-generally no; when passing a
law, Congress often provides expressly that states retain the power to adopt similar or
related laws so long as those laws do not conflict with or hinder the objectives of the
federal law
Does full faith and credit exist internationally? - Answer-No but comity does and comity
generally calls for the enforcement of another nation's court judgments
Gonzales v. Raich - arguments and outcome - Answer-they argue that the CSA's
categorical prohibition of the manufacture and possession of marijuana as applied to the
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