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5 Written questions

5 Matching questions

  1. 3 Factors for Fed reg w/ no pre-emption
  2. Actual Malice
  3. Fourth amendment
  4. State Secrets
  5. Fourteenth Amendment
  1. a Unreasonable search and seizure
  2. b Needed to establish Libel. It is knowing you were lying or had didn't care to find the truth
  3. c Must be government action
  4. 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
  5. e President does not need to supply evidence in order to protect national security

5 Multiple choice questions

  1. 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)
  2. It applies to government action
  3. No protection, But still has doctrine of prior restraint.
  4. You are entitled to a trial by jury if there is possible jail time
  5. 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

  1. 2 exceptions to the Exclusionary Rule ***If evidence was illegally obtained, you can exclude this evidence bc it violated the 4th amendment


  2. 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


  3. Indictment (Felony)The way you are charged


  4. Equal Protection (DP) Strict ScrutinyLaw treating ppl differently has to be directly related to a specific gov objective


  5. Miller TestWhen Congress simplifies law across the nation (Seatbelts). States must follow law.


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