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business law ch 2
Question | Answer |
---|---|
the "takings clause" prevents the government from taking private property for any reasons | false, the taking clause allows private property to be taken as long as there's recompense |
the majority of legislative work is performed in committess | true, most of legislative work is performed in committess |
the largest source of new law comes from court decisions | false, the largest source of new law is Not court decisions |
the government can take private property through the power of eminent domain | true. eminent domain: the right of a government or its agent to expropriate private property for public use, with payment of compensation. |
an order to produce certain documents or things | subpoena duces tecum |
the primary source of federal power to regulate trade between the states is the | commerce clause |
first 10 amendments... | bill of rights |
a subpoena duces tecum? | an order to produce something |
which statement about interpretive rules is correct? | interpretive rules do not change the law |
a presidential line-item veto is a challenge to | separation of powers |
stare decisis is closely related to the concept of | precedent |
the issue of the constitutional protections afforded flag burning was addressed in | Texas vs. Johnson |
common law tries to accommodate both | predictability and flexibility |
generally, constitutional protections do NOT apply to | acts of privately owned businesses |
requires compensation in eminent domain cases | takings clause |
statute | a law passed by a legislative body |
equal protection clause | generally prohibits regulations based on gender, race, or fundamental rights |
judicial review | the power of federal courts to examine the constitutionality of statues and acts of governments |
takings clause | the part of the Constitution that requires compensation in eminent domain cases |
stare decisis | the rule that requires lower courts to decide cases based on precedent |
promulgate | the act of an administrative agency creating a new rule |
the government may not prohibit a political rally, but it may restrict when and where the demonstrators meet | true, thanks to the first amendment |
the due process clause requires that any citizen is entitled to jury trial before any right of property interest is taken | false |
the government has the right to take a homeowners property for a public purpose | true, eminent domain |
a subpoena is an order punishing a defendant who has violated a court ruling | false, an order to show up |
a bystander who sees someone in peril must come to that person's assistance, but only if can do so without endangering himself or others | false, they only need to act if they were the ones who created the danger |
administrative agencies play an advisory role in the life of many industries but do not have the legal authority to enforce their opinions | false they can make their own laws |
colorado passes a hotel tax of 8 percent for colorado residents and 15 percent for out-of-state visitors. the new law: | is void, based on the commerce clause |
suppose a state legislature approves an education plan for the next year that budgets $35 million for boys' athletics and $25 million for girls' athletics. the new plan is: | void. equal protection clause |
congress has passed a new bill, but the president does not like the law. what could happen next? | the president may veto the bill but congress may attempt to override the veto. |
which of these is an example of judicial review? | a federal court declares a statute unconstitutional |
what is an example of a subpoena | a federal agency demands various internal documents from a corporation |
if information requested under FOIA is not exempt, an agency has _______ to comply w/ the request | 10 days |