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18 terms

bus law chapter 5

STUDY
PLAY
Ohio enacts a transportation statute that impinges on interstate commerce.. this statute will be...
balanced in terms of Ohio's interest in regulating a certain matter against the burden placed on interstate commerce
the privileges and immunities clause
prevents states from imposing unreasonable burdens on citizens particularly with regard to basic and essential activities
full faith and credit clause applies only to
civil matters
the full faith and credit clause ensures
that any judicial decision with respect to such property rights will be honored and enforced in all states
state police powers or regulations that substantially interfere with interstate commerce will be
struck down
supremacy clause
the constitution, laws, and treaties of the US are the supreme law of the land
preemption occurs when
congress decides to choose act exclusively when national and state governments have concurrent powers
the right that is afforded the highest protection by courts is
the freedom of speech
restrictions on commercial speech must
implement substantial government interest, directly advance that interest, and go no further than necessary to accomplish its objective
Self incrimination DOES NOT apply to
corporations or partnerships
Due process DOES apply to
corporations and partnerships
substantive due process protects
an individuals life, liberty, or property against certain government actions regardless of the fairness of the procedures used to implement them
STRICT SCRUTINY
apply to any "suspect class" (race, national origin) and must serve a compelling state interest
INTERMEDIATE SCRUTINY
applied to laws involving gender or legitimacy and must be substantially related to important government objectives
Rational basis test
applied to economic or social welfare
pretexting for financial info is
illegal under Gramm-Leach-Bliley
Laws and Policies affecting privacy are subject to
compelling interest test
Privacy rights are not expressly found in the
constitution but derived rom the first, fifth, and fourteenth amendments