Business Law Test 2 Ch 5 Set 1

Front 1

If Congress has regulated, there is an overriding concern about the --------

Back 1

supremacy clause

Front 2

------ cannot give in-state businesses an advantage

Back 2

state law

Front 3

the states power to pass laws that promote the public welfare and protect public health and safety.

Back 3

police power

Front 4

The power of Congress to regulate foreign commerce applies regardless of where it begins and end

Back 4

Congressional Regulation of Foreign Commerce

Front 5

-intrastate activities, even though local in character, may still affect interstate commerce and thus be subject to federal regulation.
-expanded the authority of the federal government in regulating commerce.

Back 5

affectation doctrine

Front 6

used by courts to answer questions in constitutional cases is whether the state interest in public health, welfare, or safety outweighs the federal interest in preventing interstate commerce from being unduly burdened.

Back 6

the balancing test

Front 7

Article I, Section 8:

Back 7

Congress’ Power to Tax

Front 8

Interstate business is not exempt from ------- --- -------- ---- just because they are interstate businesses

Back 8

state and local taxes

Front 9

Requirements for Valid State Tax on interstate commerce.

Back 9

cannot discriminate against interstate commerce, the tax cannot unduly burden interstate commerce, some connection -a sufficient nexus-between the state and the business being taxed must be established, tax must be apportioned fairly.

Front 10

connection between and presence in the state.

Back 10

nexus

Front 11

conflicts between state and federal laws are governed by article VI of the constitution sometimes called the

Back 11

supremacy clause

Front 12

constitutional provision allowing federal laws to preempt state laws where congress intended or where the regulation is pervasive

Back 12

supremacy clause

Front 13

What does legislative history provide?
What is the level of detail in the federal regulation?
What benefit flows from the federal regulation?
What is the nature of conflict—can the two laws survive?

Back 13

used to determine preemption

Front 14

constitutional term from the supremacy clause, which provides that the federal govt. preempts state law where such preemption was intended or where the federal regulation is so pervasive that it prevents state regulation.

Back 14

preemption

Front 15

is speech used to further the economic interests of the speaker. ex - advertising

Back 15

Commercial speech

Front 16

Can regulate advertising
Substantial government interest must be furthered
Is the regulation the least restrictive means of accomplishing the interest

Back 16

elements of regulating commercial speech

Front 17

federal government makes it clear that they are the only group to regulate certain activities. ex-air travel

Back 17

preemption

Front 18

T/F Corporate participation in campaigns is given full First Amendment protection

Back 18

True

Front 19

the right of a government body to take title to property for a public use established in the 5th amendment is

Back 19

eminent domain

Front 20

what three factors must be present for a governmental entity to exercise the right of eminent domain.

Back 20

public purpose, taking (as opposed to regulating, and just compensation

Front 21

both the --- and ---- amendments require state and federal governments to provide citizens (businesses included) due process under the law.

Back 21

5th and 14th amendments