5 Written questions
5 Matching questions
- 3 Factors for Fed reg w/ no pre-emption
- Actual Malice
- Fourth amendment
- State Secrets
- Fourteenth Amendment
- a Unreasonable search and seizure
- b Needed to establish Libel. It is knowing you were lying or had didn't care to find the truth
- c Must be government action
- d 1. Irreconcilable conflict between federal and state law: If you meet state standard can you meet federal law?
2. State law cannot discriminate in favor of in-state business activity at the expense of out-of-state business activity
3. State law cannot impose an undue burden on interstate commerce
- e President does not need to supply evidence in order to protect national security
5 Multiple choice questions
- An appropriate portion that shows what portion of the business activity is attributable to the state (Can't tax all business activity income, Can't discriminate taxes in favor of in-state businesses, and can't create undue burden w/ taxes)
- It applies to government action
- No protection, But still has doctrine of prior restraint.
- You are entitled to a trial by jury if there is possible jail time
- Doctrine that prevents the government from restricting or punishing speech before it is uttered or published in case the speaker changes their mind before proceeding.
5 True/False questions
2 exceptions to the Exclusionary Rule *** → If evidence was illegally obtained, you can exclude this evidence bc it violated the 4th amendment
1st amendment (establishment) → Must show relationship between the business activity and the state in order to tax it. (Nexus) EX: Driving product thru state isn't taxable but hiring employees within state is
Indictment (Felony) → The way you are charged
Equal Protection (DP) Strict Scrutiny → Law treating ppl differently has to be directly related to a specific gov objective
Miller Test → When Congress simplifies law across the nation (Seatbelts). States must follow law.