Chapter 4

Question 1

Federalism and delegated powers

Answer 1

Declaration of Independence. Doctrine of separation of powers. Article 1 legislative. Article 2 executive. Article 3 judicial.

Question 2

Checks and balances

Answer 2

Phil to ensure no one branch of government gets too much power

Question 3

Supremacy clause

Answer 3

Grants Congress the power to regulate commerce with foreign nations and among the several states and with Indian tribes. Federal government has the power to regulate the Native Americans for commerce and interstate commerce

Question 4

Dormant commerce clause

Answer 4

If the federal government has chosen not to regulate an area of interstate commerce that has the power to regulate the area subject to the dormant commerce clause

Question 5

Dormant commerce clause

Answer 5

A state connect laws to regulate that area of commerce. Regulation should not unduly burden interstate commerce.

Question 6

E-commerce

Answer 6

Parties are became the website domain names and conduct business electronically e-commerce can be used for sales of goods licensing of intellectual property sales of service

Question 7

Bill of Rights

Answer 7

First 10 amendments to the U.S. Constitution. Guarantees certain fundamental rights to natural persons. Protects persons from intrusive government action. By the federal government and by state governments

Question 8

Freedom of speech

Answer 8

The right to engage in oral, written and symbolic speech. This includes fully protected speech limited per protected speech and unprotected speech

Question 9

Fully protected speech

Answer 9

Cannot be regulated or prohibited by government can be oral written or symbolic example criticizing the president or flagburning

Question 10

Limited protection

Answer 10

Offensive speech. Commercial speech. Business or advertising

Question 11

Unprotected speech

Answer 11

Speech not protected by the First Amendment and maybe for been totally

Question 12

Establishment clause

Answer 12

First amendment clause prohibiting the government from either establishing a state religion or promoting one religion over another

Question 13

Free exercise clause

Answer 13

First amendment clause that prohibits the government from interfering with the free exercise of religion. The government cannot force you to belong to a church

Question 14

Equal protection clause. 14th amendment

Answer 14

A closet provides that a state cannot deny to any person within its jurisdiction the equal protection of the laws. Laws cannot classify and treat similarly situated persons differently. Artificial persons such as cores are also protected. Does not make the classification of individuals unlawful

Question 15

Strict scrutiny test

Answer 15

Applied to classifications based on suspect class examples race. Fundamental rights. Example voting

Question 16

Intermediate scrutiny test

Answer 16

Applied to classifications based on gender

Question 17

Rational basis test

Answer 17

Applied to classifications not involving a suspect or protected class. Coral uphold government regulation so long as there is a justifiable reason for it. Permits much of the government regulation of business

Question 18

Police powers. This doesn’t just mean the cops

Answer 18

Health, safety, morality, in general where. This is for the common good

Question 19

Due process clause

Answer 19

No person shall be deprived of life, liberty, or property without due process of the law. Fifth Amendment federal government action. 14th amendment state and local government action. The government is not prohibited from taking a persons life, liberty, or property.

Question 20

Intentional torts and negligence

Answer 20

Injured parties bring civil lawsuits to see compensation for wrongdoing to the party

Question 21

Damages available

Answer 21

Toward damages. Punitive damages

Question 22

Assault

Answer 22

Threat of the median harm or offensive contact. Any action that arises reasonable apprehension of imminent harm. Actual contact is unnecessary

Question 23

Battery

Answer 23

Unauthorized and harmful or offensive physical contact with another person. Direct physical contact between victim and perpetrator unnecessary. May accompany assault

Question 24

False imprisonment

Answer 24

Intentional containment or restraint of another person without authority or justification and without that person’s consent

Question 25

Misappropriation of the right to publicity

Answer 25

Attempt by another person to appropriate a living persons name or identify for commercial purposes

Question 26

Invasion of the right to privacy

Answer 26

Violation of a person’s right to live hers or her life without being subjected to unwanted and undesired publicity

Question 27

Defamation

Answer 27

False things about someone which has influence on character or causes personal damages

Question 28

Negligence. Careless = Negligence

Answer 28

A doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions

Question 29

Duty

Answer 29

Obligation people owe each other to not cause harm to one another

Question 30

Breach

Answer 30

A failure to exercise care or to act as a reasonable person would act

Question 31

Causation

Answer 31

The iPhone cause of the negligence

Question 32

Negligence per se

Answer 32

Violation of a statue that proximately causes an injury

Question 33

Per ipsa loquiter

Answer 33

Defendant had exclusive control the situation that caused the plaintiff’s injury. Injury would have not ordinarily occurred but for someone’s negligence

Question 34

Assumption of risk

Answer 34

Plaintiff knowingly and voluntarily participate in risky activity that results in injury

Question 35

Contributory negligence

Answer 35

Plaintiff who is partly at fault for his or her own injuries. They cannot recover against negligent defendant

Question 36

Comparative negligence

Answer 36

Images appropriated according to fall. Period comparative negligence. Partial

Question 37

Strict liability. 1970s

Answer 37

Strict liability is a liability without fault