Legal Aspects of Business

________ is the process by which the courts decide that a federal statute must take precedence over a state statute.

Preemption

The Federal Deposit Insurance Corporation (an administrative agency) issues rules, the Southeast Financial Institutions Association (a private organization) issues instructions, South Valley Bank posts a memo with orders for its employees, and Tina tells her co-worker about a recent news story. Sources of law include

The rules issued by federal administrative agencies.

Maryland, like other states, may regulate private activities to protect or promote the public order, health, safety, morals, and general welfare under

The state’s police powers

Which clause in the United States Constitution is cited to justify Congress setting the minimum wage, mandating the purchase of health insurance, regulating the use of medical records, and many more laws that expand the federal government’s power

Commerce Clause

Which of the following steps is NOT part of the process of making administrative law?

passing an executive order

The process of making administrative law is called:

notice and comment

Which of the following is NOT true of executive orders?

They can be about anything the governor chooses

_________ is the Latin phrase for “let the decision stand.”

Stare Decisis

Which of the following is NOT true of uniform laws?

they are federal laws

______________ is the body of previously recorded legal decisions made by the courts in specific cases.

common law

The process of determining the constitutionality of various legislative statutes, administrative regulations, or executive actions is called

judicial review

A law is passed in 1960s in Iowa saying that no one is allowed to enter a park after dusk. If a court tries to determine what is meant by the word “park,” what activity is it in engaging in?

statutory interpretation

In order to hear a case, a court must have what type of jurisdiction?

Personal and subject matter jurisdiction

Business Centers Inc. believes that a Vermont statute is violating its First Amendment right to free speech by not letting corporations place advertisements on city buses. He files his lawsuit in federal court because it is what kind of case

Federal question case

Which of the following is true of the case Wickard v. Filburn?

It greatly expanded Congress's power to pass laws under the Commerce Clause.

Before a federal court can take jurisdiction, the amount in controversy in a diversity of citizenship case must be more than

$75,000

The reason why a bankruptcy court cannot hear a divorce case is because

It lacks subject matter jurisdiction.

______________ statutes allow courts to have personal jurisdiction, if there are sufficient minimum contacts.

long-arm

Robert robbed a gun store in South Dakota. He was arrested.  A court hearing his case would need to have

original jurisdiction

Which of the following statements is true of the founding of America?

The founders were very suspicious of a strong executive branch.

What was the name of America's first constitution?

Articles of Confederation

Which branch of government was the most important to the founders?

The Legislative branch, which is why it is found in Article I.

The first ten amendments to the Constitution are called

the Bill of Rights

Congress passes a law regulating how many hours a day a worker is allowed to work to just 4 hours.  Fred Freedom thinks that, because America is the land of freedom, Congress cannot pass this law.  He files a lawsuit challenging the new law.  How will the court decide?

The court will say that because, if taken in the aggregate, limiting workers to just 4 hours of work a day will substantially affect interstate commerce, Congress has the authority to pass this law under the Commerce Clause.

Which area of law would govern such controversial issues as gun control, abortion, and the death penalty?

Constitutional law

According to Dr. Shepherd's favorite book, _______________, each person should bear each other's ___________, but each person should carry their own ____________.

Boundaries; burdens; load