Business Law- Chapter 4

Question 1

U.S. Constitution

Answer 1

The fundamental law of the United States of America. it was ratified by the states in 1788

Question 2

Federalism

Answer 2

The U.S. form of government, in which the federal government and the 50 state governments share powers.

Question 3

Enumerated Powers

Answer 3

Certain powers delegated to the federal governement by the states.

Question 4

Legislative Branch

Answer 4

The part of the U.S. government that makes federal laws. It is known as Congress (the Senate and the House of Representatives).

Question 5

Executive Branch

Answer 5

The part of the U.S. Government that enforces the federal law; it consists of the president and vice president.

Question 6

Judicial Branch

Answer 6

The part of the U.S. government that interprets the law. It consists of the Supreme Court and other federal courts.

Question 7

Checks and Balances

Answer 7

A system built into the U.S. Constitution to prevent any one of the tree branches of the governement from becoming too powerful.

Question 8

Supremacy Clause

Answer 8

A clause of the U.S. Constitution which establishes that the U.S. Constitution and federal treaties, laws, and regulationsare the supreme law of the land.

Question 9

Preemption Doctrine

Answer 9

The concept that federal law takes precedence over state or local laws.

Question 10

Commerce Clause

Answer 10

The clause of the U.S. Constitution that grants Congress the power “to regulate commerce with foreign nations, and among the several states, and with Indian tribes.”

Question 11

Interstate Commerce

Answer 11

Commerce that moves between states or that affects commerce between states.

Question 12

Public Power

Answer 12

Power that permits states and local governments to enact laws to protect or promote the public health, safety, morals, and general welfare.

Question 13

Unduly Burden Interstate Commerce

Answer 13

A concept which says that states may enact laws to protect or promote the public health, safety, morals and general welface, as long as the laws do not unduly burden interstate commerce.

Question 14

Bill of Rights

Answer 14

The first 10 amendments to the Constitution, which were added to the U.S. Constitution in 1791.

Question 15

Freedom of Speech

Answer 15

The right to engage in oral, written, and symbolic speech protected by the First Amendment.

Question 16

Offensive Speech

Answer 16

Speech that is offensive to many members of society. It is subject to time, place and manner of restrictions.

Question 17

Commercial Speech

Answer 17

Speech used by businesses, such as advertising. It is subject to time, place and manner restrictions.

Question 18

Unprotected Speech

Answer 18

Speech that is not protected by the First Amendment and may be forbidden by the government.

Question 19

Obscene Speech

Answer 19

Speech that 1. appeals to the prurient interest, 2. depicts sexual conduct in a patently offensive way, and 3. lacks serious literary, artistic, political or scientific value.

Question 20

Establishment Clause

Answer 20

A clause to the First Amendment that prhibits the government from either establishing a state religion or promoting one religion over another.

Question 21

Free Exercising Clause

Answer 21

A clause to the First Amendment that prohibits the government from interfering with the free exercise of religion in the US

Question 22

Fourteenth Amendment

Answer 22

A amendment added to the U.S. Constitution in 1868 that contains the Due Process, Equal Protection, and Privileges and Immunities clauses.

Question 23

Equal Protection Clause

Answer 23

A clause which provides that a state cannot “deny to any person within its jurisdiction the equal protection of the laws.”

Question 24

Strict Scrutiny Test

Answer 24

A test that is applied to classifications based on race.

Question 25

Intermediate Scrutiny Test

Answer 25

A test that is applied to classifcations based on protected classes other than race.

Question 26

Rational Basis Test

Answer 26

A test that is applied to classifications not involving a suspect or protected class.

Question 27

Due Process Clause

Answer 27

A clause which provides that no person shall be deprived of “life, liberty, or property” without due process of the law.

Question 28

Substantive Due Process

Answer 28

A category of due process which requres that government statues, ordinances, regualtions or other laws be clear on their face and not overly broad in scope.

Question 29

Procedural Due Process

Answer 29

A category of due process which requires that the government give a person proper notice and hearing of the legal action before that person is deprived of his or her life, liberty or property.

Question 30

Privileges and Immunities Clause

Answer 30

A clause that prohibits states from enacting laws that unduly discriminate in favor of their residents.