5 Written questions
5 Matching questions
- 5th amendment applies to civil matters
- Habeas Corpus
- 3 Factors for Fed reg w/ no pre-emption
- Obscene *
- Random Fact (5th) *(I think this is right...)
- a Can't use the 5th amendment if charges aren't against you.
- b 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
- c No protection, But still has doctrine of prior restraint.
- d Gov needs warrant to search businesses
- e If you believe you have been wrongly imprisoned, you can go in front of court and ask the judge to determine if you should be released
5 Multiple choice questions
- You committed the criminal act
- Tax must not be so high that an undue burden is created. Must tax in and out of state the same. (Limited by commerce clause)
- Must be government action
- gov must be fair. Can't act arbitrarily, capriciously, or unreasonably
3. Applies to gov action
4. 5th Amendment
5. 14th Amendment
5 True/False questions
Purpose of sentencing guidlines → 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)
Wall of separation → Separation of church and state
Commerce Clause Regulation (Foreign) → Can't force you to testify in a court against yourself
Bankruptcy Crimes (Specific Crimes) → You can file for bankruptcy and start over. Is against law to give away ur assets or lie about value of ur assets and must update court bout financial info and creditor cannot falsify how much money is owed
Libel → No protection, But still has doctrine of prior restraint.