Legal Environment of Business and Constitutional Law Flashcards

Fill-in-the-blank practice flashcards covering legal concepts from the lecture, including Constitutional rights, Labor law, FTC advertising rules, and Contract law principles.

To enforce a Georgia judgment of $5000$ against land in California, the constitutional provision that applies is __________.

Full faith and credit

The constitutional provision that applies to the right to an attorney is the __________.

6th Amendment

Protesting with a sign on public property involves First Amendment rights, but one category of unprotected speech demonstrated by aggressive conduct is __________.

fighting words

Two categories of unprotected speech involving false spoken or written statements are __________ and __________.

slander, libel (lies)

Sally cannot successfully sue her employer Tyson's Chicken under the First Amendment because the First Amendment __________.

doesn't apply to private companies

To determine whether displaying the Ten Commandments in public classrooms violates the Constitution, the US Supreme Court looks to whether it is __________ or __________.

historical or religious

A state law requiring state employers to hire in-state residents before out-of-state residents implicates the __________ clause.

privileges and immunities

When a state law conflicts with the First Amendment of the US Constitution, the US Constitution prevails according to the __________.

Supremacy Clause

Under Fourth Amendment analysis, police searching a phone without a warrant violates a person's __________.

Reasonable expectation of privacy

Evidence that is excluded from court because it was illegally obtained is known as __________.

fruit of the poisonous tree

The powers of Congress are set forth in the US Constitution under __________.

Article I: Section 8

The landmark Supreme Court ruling that declared laws restricting corporate political spending unconstitutional is __________.

Citizens United

The legal standard utilized under the Commerce Clause to determine if federal legislation is valid is whether there is a __________.

Substantial burden on interstate commerce

The constitutional amendment granting the right to a jury trial in federal civil cases is the __________.

7th Amendment

If a defendant who was found not guilty later confesses to the crime, the constitutional provision preventing re-prosecution is the __________.

5th Amendment (double jeopardy)

The two constitutional provisions discussed in Miranda v. Arizona are the __________ and __________ Amendments.

5th and 6th Amendment

The primary federal law governing labor unions and organizations is the __________.

NLRA (national labor relations act)

An employee who feels discriminated against for being pro-union must file a complaint with the __________.

NLRB (national labor relations board)

Under the NLRA, it is illegal for employers to discipline workers for discussing wages under __________.

Section 7 - NLRA

In a manufacturing plant union petition, Forklift Operators may participate in the bargaining unit, but __________ cannot because they hire and fire.

Supervisors

Cards signed by employees requesting representation by a labor organization are called __________.

Authorization cards

To petition for a union election, the required minimum signature threshold is __________.

30\%

In order for a union to win representation rights, at least __________ of the bargaining unit employees must vote in favor.

50\% or more

The formal contract established between an employer and a union representing employees is called a __________.

Collective Bargaining Agreement

When an employer and a union reach an impasse during bargaining, the employer can __________.

Lockout and hire replacement

A 'right to work' law means an employee does not have to join the union, but they still __________.

get the benefits of the CBA

Unfair and deceptive advertising practices are regulated by the administrative agency known as the __________.

Federal Trade Commission (FTC)

A coffee shop slogan stating 'Best coffee in the South' is legally classified as __________.

Puffery, legal advertising

Advertising a computer for $200$ with no stock available and attempting to sell a $1500$ model instead is an illegal practice called __________.

Baiting and switch ads

If an individual receives unrequested merchandise in the mail and later receives a bill, they do not have to pay due to the __________.

Postal Reorganization Act

If a credit card is stolen and used fraudulently to purchase groceries, maximum liability for the cardholder is __________.

maximum of $50

If a credit card application is stolen from a mailbox and fraudulently opened, the victim's total liability is __________.

0 liability

The four required elements of an enforceable contract are Agreement, Consideration, Contractual Capacity, and __________.

Legality

When a buyer breaches a contract to purchase goods, the seller's legal obligation to attempt to resell those goods is called the __________.

Duty to Mitigate Damage

Posting a public sign promising $50$ to anyone who completes the action of raking leaves forms a __________ contract.

Unilateral

Verbal contracts regarding the sale of real estate or land are unenforceable because they must be __________.

in writing

When two contracting parties disagree fundamentally on the core subject matter of their agreement, it implicates the __________ Rule.

Mirror Image Rule