Exam 3 Questions with complete solution
Supremacy Clause - correct answer Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits. Used when in a case where there ...
Exam 3 Questions with complete
solution
Supremacy Clause - correct answer ✔Article VI of the Constitution, which
makes the Constitution, national laws, and treaties supreme over state laws
when the national government is acting within its constitutional limits. Used
when in a case where there is a conflict.
Plenary Powers - correct answer ✔a power that has been granted to a body
in absolute terms, with no review of, or limitations upon, the exercise of the
power
Enumerated Powers - correct answer ✔The powers expressly given to
Congress in the Constitution.
Full Faith and Credit Clause - correct answer ✔Clause in the Constitution
(Article 4, Section 1) requiring each state to recognize the civil judgments
rendered by the courts of the other states and to accept their public records
and acts as valid.
Privileges and Immunities Clause - correct answer ✔States are prohibited
from unreasonably discriminating against residents of other states
Commerce Clause - correct answer ✔The clause in the Constitution that
gives Congress the power to regulate all business activities that cross state
lines or affect more than one state or other nations.
Market Participation Exception - correct answer ✔A state may favor its own
citizens in dealing with government owned business and in receiving benefits
from government programs.
,-Example: in-state vs. out-of-state tuition
Federal Preemption - correct answer ✔a principle asserting the supremacy
of federal legislation over state legislation when both pertain to the same
matter when there is NOT a dispute
free speech - correct answer ✔1st Amendment clause; Congress can make
no law abridging freedom of speech (including symbolic speech); Gitlow v. NY
incorporates clause into 14th Amendment.
Defamation - correct answer ✔is an exception to the free speech clause in
which false communication or careless disregard for the truth that causes
damage to someone's reputation. in writing(Libel) or Verbally(Slander)
Elements of Defamation - correct answer ✔1. The speech must be untrue
2. The speech must be "published" (loosely)
3. The speech must cause damages
4. The speech must be made in malice*
*malice only applied to public figures and includes knowledge that the speech
was false or reckless disregard
Libel - correct answer ✔A written or recorded defamation of a person's
character, reputation, business, or property rights. Damages are not required
to be proven.
Slander - correct answer ✔Spoken defamation. Special damages have to be
proved or there must be monetary damages.
Slander Per Se - correct answer ✔Particularly devastating to reputation;
damages presumed; categories are: 1) jail, 2) professional misconduct, 3)
, loathsome diseases, 4) chastity. In these cases, it is treated like libel and
monetary losses do not have to be proven.
Obscenity - correct answer ✔is an exception to the free speech clause in
which
an offensive or indecent word or phrase is used or sexually explicit situations
are depicted in a way that violates community standards.
Contemporary Community Standards - correct answer ✔The standard in
which obscenities are assessed in a community. These standards change by
location, within limits. See: Miller Test.
Miller Test - correct answer ✔1. Is it patently offensive?
2. When taken as a whole, does it appear primarily to the prurient interest?
(context)
3. Is there any redeeming merit? (value)
Establishment Clause - correct answer ✔1st Amendment clause: Congress
cannot "establish" a religion. Over time has come to include favorable
treatment. *this applies to government not private actions
Free Exercise Clause - correct answer ✔1st Amendment clause;
Government cannot make a law prohibiting the free exercise of religion.
Beliefs are 100% protected but religious practices are not exempt from neutral
laws that affect everyone (ex., polygamy & illegal drugs) *this applies to
government not private actions
Civil Rights Act - correct answer ✔1964; banned discrimination in public
accommodations, prohibited discrimination in any federally assisted program,
outlawed discrimination in most employment; enlarged federal powers to
protect voting rights and to speed school desegregation.
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