business law ch 2
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| 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
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| the majority of legislative work is performed in committess | true, most of legislative work is performed in committess
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| the largest source of new law comes from court decisions | false, the largest source of new law is Not court decisions
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| 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.
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| an order to produce certain documents or things | subpoena duces tecum
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| the primary source of federal power to regulate trade between the states is the | commerce clause
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| first 10 amendments... | bill of rights
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| a subpoena duces tecum? | an order to produce something
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| which statement about interpretive rules is correct? | interpretive rules do not change the law
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| a presidential line-item veto is a challenge to | separation of powers
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| stare decisis is closely related to the concept of | precedent
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| the issue of the constitutional protections afforded flag burning was addressed in | Texas vs. Johnson
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| common law tries to accommodate both | predictability and flexibility
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| generally, constitutional protections do NOT apply to | acts of privately owned businesses
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| requires compensation in eminent domain cases | takings clause
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| statute | a law passed by a legislative body
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| equal protection clause | generally prohibits regulations based on gender, race, or fundamental rights
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| judicial review | the power of federal courts to examine the constitutionality of statues and acts of governments
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| takings clause | the part of the Constitution that requires compensation in eminent domain cases
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| stare decisis | the rule that requires lower courts to decide cases based on precedent
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| promulgate | the act of an administrative agency creating a new rule
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| the government may not prohibit a political rally, but it may restrict when and where the demonstrators meet | true, thanks to the first amendment
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| the due process clause requires that any citizen is entitled to jury trial before any right of property interest is taken | false
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| the government has the right to take a homeowners property for a public purpose | true, eminent domain
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| a subpoena is an order punishing a defendant who has violated a court ruling | false, an order to show up
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| 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
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| 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
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| 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
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| 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
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| 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.
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| which of these is an example of judicial review? | a federal court declares a statute unconstitutional
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| what is an example of a subpoena | a federal agency demands various internal documents from a corporation
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| if information requested under FOIA is not exempt, an agency has _______ to comply w/ the request | 10 days
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