1. Assume that the state of Ohio passed a hazardous waste statute, seeking to protect the general public and workers. The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Both the state statute and the federal Occupational Safety and Health Act (OSHA) established job safety standards and specified worker training and employer licensing, but the requirements differed. Which statute(s) Ohio corporations had to obey? Pick the best ANALYSISwer. a. Ohio corporations must obey all state statutes | | b. Ohio corporations must obey OSHA’s statute and Ohio’s hazardous waste statute | | **c. If there is a conflict between a state statute and a federal statute, the federal statute …show more content…
The Court created a three-part test to determine if a creative work is obscene. Which one is NOT one of the basic guidelines? a. Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest. | | b. Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law. | | **c. Whether the work includes language which is prohibited by the Federal Communications Commission. | | d. Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. | | | 10. The "dormant" aspect of the Commerce Clause holds that: a. a state statute is always unconstitutional when it burdens free speech in commerce. | | **b. a state statute that discriminates against interstate commerce is invariably unconstitutional. | | c. a federal law can always be preempted by a state statute. | | d. only courts can decide when a state statute is unconstitutional. | | | 11. Which clause states that the Constitution, and federal statutes and treaties, shall be the supreme law of the land. a. Commerce Clause | | **b. Supremacy Clause | | c. Takings Clause | | d. Equal Protection Clause | | | 12. In Miller v. California (1973), the U.S. Supreme Court: a. held that the First Amendment is an absolute protection on all speech. | | b. held
Review Questions for Mid-Term 1) What constitutional clause allows laws enacted by the federal government to take priority over conflicting state laws?
Article VI, Clause 2 (National Supremacy Clause) – The Federal Government, in expressing any of the powers
Describe the Supremacy Clause and explain what happens when there is a direct conflict between federal and state law.
When you develop messages, what factors should you consider as you choose your words? Which considerations do you think are most important? Why?
There are many different paths people can take throughout their lives. In the novel, Fifth Business by Robertson Davies, the main character, Dunstan Ramsey, takes the path of the Canadian hero. There are many different steps to be taken by the hero and Dunstan Ramsey follows his path by completing each step.
b. State laws may not violate the U.S. Constitution and all state courts must uphold (through
1. Identify the Article & section, or Amendment number, and explain the following Clauses in the
1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case.
3b. Which amendment states that the powers not specifically delegated to the federal government are reserved to the states?
case brief---Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.
3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and Mary do that justifies a finding that they committed the crime? Explain.
C. The question that the Supreme Court of the United States has to resolve is either to get rid of the “special circumstances,” meaning people who do know how to
In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue against the neglectful driver and the company associated with the ownership of the vehicle. Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation responsible for the damages caused by their staff and property; reason being that they are protected under the Constitution’s diversity of citizenship, and the privileges and immunities clause. Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court that the matter needs to be brought to.
Bell Microproducts, Inc. mailed to McGurn an offer of employment that stated that if McGurn were terminated without cause during the first 12 months of employment, he would receive a severance package of $120,000. McGurn crossed out 12 and replaced it with 24, and signed the contract. Bell did not acknowledge the change that had been made to the contract and hired the applicant. McGurn was terminated without cause 13 months later.
Six months ago, Antiques R Us (a Canadian corporation) entered into a contract with Yankee Antiques (an American company) to purchase “a desk used by George Washington himself after his retirement from the Presidency”. The sum of $500,000 was to be paid to Yankee Antiques after 30 days of