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Business Law Test

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5 Written Questions

5 Matching Questions

  1. Is hateful speech protected
  2. Actual Malice
  3. Indictment (Felony)
  4. Random Fact (5th) *(I think this is right...)
  5. 14th (Due process of law) 6 factors
  1. a Yes. Can be verbal, written, or symbolic
  2. b Needed to establish Libel. It is knowing you were lying or had didn't care to find the truth
  3. c The way you are charged
  4. d gov must be fair. Can't act arbitrarily, capriciously, or unreasonably
    1. Substantive
    2. Procedural
    3. Applies to gov action
    4. 5th Amendment
    5. 14th Amendment
  5. e Can't use the 5th amendment if charges aren't against you.

5 Multiple Choice Questions

  1. 1. Federal Pre-emption: Precludes the state from creating any legislation (state laws invalid)
    2. Federal Reg. w/ no pre-emption- If state fails any of 3 factors it is unconstitutional
  2. Very little protection offered to businesses. Only sole proprietorships are protected.
  3. Type of business activities that call for national activity (Set rules nationally)... EX: Airline regulations
  4. NO
  5. Designed to go after mafia, cartel, and other organized crime... Used different than original intention... Victims can sue estate to get money back, seize all assets in order to go after others, you have a better ability to prosecute those affiliated

5 True/False Questions

  1. 5th amendment applies to civil mattersGov needs warrant to search businesses

          

  2. Obscene *No protection, But still has doctrine of prior restraint.

          

  3. Political Free SpeechAbility to regulate business activity.

          

  4. Grand JuryPresident does not need to supply evidence in order to protect national security

          

  5. 6 elements of the 6thThe way you are charged

          

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