Business Law Critical Analysis

Category: Business Law
Last Updated: 10 Jan 2022
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The term police powers encompasses just the enforcement of criminal laws. False, they are the state regulatory powers; they give state governments broad rights to regulate private activities . Under the U. S. Constitution, the judicial branch interprets the laws.  The states can establish laws and regulations that would interfere with trade and commerce among themselves.  The breadth of the commerce clause permits the government to legislate only in areas in which Congress has explicitly been granted power. False, the cantonal government will get involved if It involves commerce in more than one state .

Under the supremacy clause, a valid federal statute or regulation will take precedence over a conflicting state or local law or regulation on the same general subject. Congress may tax some states and exempt others. False, uniformity in taxation . The Bill of Rights protects individuals, but not business entities, against various types of interference by the government. Traditionally, the courts have protected the right to free speech to the fullest extent possible.  Expression oral, written, or symbolized by conduct-?is not subject to restrictions.

According to the Elicited States Supreme Court, the First Amendment prevents limits from being placed on independent political expenditures by corporations. The First Amendment does not require a complete separation of church and state. To obtain a search warrant, law enforcement officers must convince a judge that they have reasonable grounds to believe a search will reveal evidence of a specific illegality. Generally, government inspectors do not have the right to enter business remises without a warrant. Substantive due process limits what the government can do in its legislative and executive capacities.

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True 18. A law that prohibits or inhibits only some persons from exercising a fundamental right Will be subject to "strict scrutiny" by the courts. Presenting is the process of obtaining information by false means. True, a pretext is a false motive put forth to hide the real motive . State laws protect individuals' privacy rights, often to a significant degree. The Constitution sets forth specific powers that can be exercised by the cantonal government and provides that the national government has the implied power to undertake actions necessary to carry its expressly designated powers. Ender the Tenth Amendment, all other powers are expressly reserved to  None of the choices. The states. The national government. The people. Savers Mart, Inc. , distributes its merchandise on an interstate basis. Under the commerce clause, Congress has the power to regulate . Any commercial activity in the Elicited States. Only activities that are in intrastate commerce.  Only activities that are in local commerce.  None of the choices.  statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce.

In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against . The courts' authority to determine that a law is unconstitutional.  The purpose of interstate commerce. The state's interest in regulating the matter.  The statute's impact on uneconomic activity. Galena's Fajitas, a fast food outfit, files a suit against the state of Texas, claiming that a Texas state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on local government. Interstate commerce uneconomic activity. He state. 5Congress enacts a law prohibiting toys made in Indonesia from being sold in the United States. The Washington state legislature enacts a law allowing the sale of Indonesian-made toys. Washington's law will most likely be a. Rendered invalid under the supremacy clause. Held to be valid under the equal protection clause. Struck down under the taxing and spending clause. Upheld under the commerce clause. A decision by the federal Environmental Protection Agency (EPA) on the amount Of carbon that can be emitted from a car's exhaust system conflicts tit a California state law.

In this situation, under the supremacy clause. Both the decision and the law are invalid. Both the decision and the law apply concurrently. Californians law takes precedence. The Pea's decision takes precedence. Congress enacts the Supplemental Income Tax Act (SITS) to exempt the citizens of New Jersey from federal taxes until their coastal towns are rebuilt from the ravages of a recent hurricane. SITS will most likely be . Held to be valid under the equal protection clause.  Struck down under the taxing and spending clause. Upheld under the commerce clause.

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Business Law Critical Analysis. (2018, May 11). Retrieved from https://phdessay.com/business-law-5/

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