Question 1

Uriah is charged with reckless driving and under Vermont state law is notified of an opportunity to be heard before his license is suspended.The requirement that no person be deprived of "life,liberty,or property without due process of law" is in

Accepted Answer

The phrase "life, liberty, or property without due process of law" is found in the Fifth and Fourteenth Amendment's due process clauses.

Question 2

Ohio enacts a law requiring all businesses in the state to donate 10 per?cent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level.PriceLess Stores files a suit to block the law's enforcement.The court would likely hold that this law violates

Accepted Answer

The law requiring businesses to donate to Protestant churches violates the Establishment Clause of the First Amendment, which prohibits the government from establishing, promoting, or favoring a particular religion. By requiring businesses to donate to Protestant churches, the law is promoting and favoring Protestantism over other religions or non-religious organizations. Therefore, the law would be struck down as unconstitutional.

Question 3

Xtreme Publications,Inc. ,disseminates obscene materials.Under nu?mer?ous state and federal statutes,this is

Accepted Answer

Disseminating obscene materials is considered a crime under numerous state and federal statutes, as it goes against community standards of morality and decency. The First Amendment does not protect obscenity, as it has no redeeming social value and is considered outside the realm of protected speech. While there is a commercial aspect to the distribution of materials, it does not qualify as a right under the commerce clause.

Question 4

The Olympic Torch Relay passed through Juneau,Alaska,on its way to the winter games in Salt Lake City,Utah,in 2002.Students at Juneau-Douglas High School (JDHS)were permitted to leave class to observe the relay.As it passed in front of the school,Joseph Frederick,a senior,and his friends unfurled a banner bearing the phrase: "BONG HiTS 4 JESUS." Deborah Morse,JDHS's principal,confiscated the banner and suspended Frederick for ten days.Frederick's suit against Morse was eventually appealed to the United States Supreme Court.The Court's opinion in the case is at Morse v.Frederick,__ U.S.__,147 S.Ct.2618,168 L.Ed.2d 290 (2007).Specifically where can this opinion be found?

Accepted Answer

The answer of The Olympic Torch Relay passed through Juneau,Alaska,on...

Question 5

Machismo Motor Sales Corporation regularly advertises its off-the-road and all-terrain vehicles and other products.Under the First Amendment,these ads and other commercial speech are given

Accepted Answer

The answer of Machismo Motor Sales Corporation regularly advertises its...

Question 6

Acorn Brewery,Inc. ,makes and sells alcoholic beverages with labels that display a drawing of a squirrel making the gesture generally known as "giving the finger." Acorn applies to the Ohio State Liquor Authority (OSLA)for brand-label approval to sell the beer in Ohio.Without consid?er?ing alternatives,OSLA denies approval because "the label could ap?pear in grocery stores,with obvious exposure on the shelf to children of tender age." Why would a court hold that the denial of Acorn's applica?tion vio?lates the First Amendment?

Accepted Answer

The answer of Acorn Brewery,Inc. ,makes and sells alcoholic beverages...

Question 7

A Massachusetts state statute imposes a prison term,without a trial,on all street vendors who operate in certain areas.A court would likely hold this statute to be

Accepted Answer

The statute violates the due process clause of the Constitution by punishing street vendors without providing them with a fair trial. The statute also violates the equal protection clause by unfairly targeting street vendors. It is not relevant to the commerce clause, as it is not regulating commerce between states or with foreign nations. The free exercise clause is also not relevant, as it pertains to the right to practice one's religion, not the right to engage in street vending.

Question 8

The Montana Supreme Court decides the case of National Co.v.Overseas Corp.Of nine justices,eight believe the judgment should be in National's fa?vor.Justice Pine disagrees and writes a separate opinion.This opinion is

Accepted Answer

Justice Pine's opinion differs from the majority, so it is a dissenting opinion.

Question 9

Dribble Beers,Inc. ,markets alcoholic beverages.A federal regulation bans the disclosure of the alcohol content of the beverages on Dribble's labels and those of other marketers.A court would likely hold this regulation to be

Accepted Answer

The regulation would likely be considered an unconstitutional restriction of commercial speech under the First Amendment, as it restricts truthful information that could be important to consumers.

Question 10

Potable Beverage Company appeals a decision against it,in favor of Quench Thirst Corporation,from a lower court to a higher court.Potable is

Accepted Answer

An appellant is the party that initiates an appeal to a higher court, seeking to overturn the decision made by a lower court. In this case, Potable Beverage Company is the party that is appealing the decision against it, so it is the appellant.

Question 11

Metro City Center is an area of tourist attractions in Metro City.The Center's director,under the city's authority,issues a rule to require street performers to obtain permits.The Center cites Nobby,a magician,for performing without a permit.Under the principles discussed in "A Sample Court Case," Berger v.City of Seattle,the Center most likely acted

Accepted Answer

The answer of Metro City Center is an area of...

Question 12

In 2009,Congress enacts the Act to Restrict Commercial Speech (ARCS).The ARCS will be considered valid

Accepted Answer

According to the Central Hudson test, commercial speech is protected by the First Amendment, but it can be restricted if the government can meet a four-part test. The ARCS is a restriction on commercial speech, and therefore must meet this test. Choice A is correct because it aligns with the second step of the Central Hudson test, which requires the restriction to directly advance a substantial government interest but not go further than necessary. Choice B is incorrect because it suggests that the government can go as far as it wants to achieve its interest, which is not consistent with the Central Hudson test. Choice C is incorrect because no law is valid under all circumstances, and Choice D is incorrect because the ARCS law can be valid if it meets the Central Hudson test.

Quiz 1: The Legal and Constitutional Environment of Business