LES 305 Exam 1 Clark UPDATED Exam (actual 2025/2026)
149 Questions and 100% verified CORRECT Answers
Ethics
Manner by which one lives one's life according to a standard
of right or wrong behavior
- In both how one thinks and behaves towards others and
how one would like them to think and behave towards
others
Factors That Influence Ethics
- One's upbringing
- One's religion
- One's social traditions and beliefs
- Society: Structured community of people bound together
by similar traditions and customs
Role of Counsel
Businesses Work With Counsel in one of two formats:
1) In house counsel (part of company management
or executive team) often given the title "General
Counsel"
2) Law firms (outside counsel)
Necessary and Proper Clause
Four part test for evaluating the constitutionality of conditions
attached to federal spending programs:
,1. Spending power must be exercised in pursuit of the
general welfare
2. Grant conditions must be clearly stated
3. The conditions must be related to a federal interest in
the national program or project
4. Spending power cannot be used to induce states to
do things that would themselves be unconstitutional
Necessary and Proper Clause
- Congress may also place conditions on the use of
federal money in order to achieve some public policy
objective
- Congress generally cites the necessary and proper clause
as authorization to set conditions on federal spending
- South Dakota v. Dale: Congress may condition use
of highway money on state's drinking age
Constitutional Protections
- The constitution confers on persons and
businesses constitutional rights
- Most of these rights are contained in the first 10
amendments of the constitution (Bill of Rights)
- Corporations and other business entities do not
always receive the same level of constitutional
protection as individuals
,Corporate Political Speech: Fully Protected Under First
Amendment
- Freedom of corporations to expend money on issue
advocacy (political speech) is fully protected (Corporations
have the same political speech rights as individuals have)
- First National Bank v. Belloti: Political speech does not
lose its protection simply because the speaker is a
corporation
First Amendment
- Contains the important introductory phrase, "Congress
shall make no law" and then articulates several specific
protections against government encroachment in the areas
of religion, speech, press, assembly, and petition of
grievances
- Demonstrates that the framers intended the constitution
to function as a limit on federal government actions
Commercial Speech Partially Protected Under First
Amendment
- Part One: As long as the commercial speech is truthful and
not misleading, the speech qualifies for protection under the
first amendment
- Part Two: The government must show that it has a
substantial interest in regulating the speech
, Virginia State Board of Pharmacy v. Virginia Citizens: State did
not show substantial interest in preventing cut-rate prices
among pharmacies to reduce risk of substandard service
- Part Three: The government must demonstrate that
the restriction directly advances the government's
interest
- Part Four: The government's restriction must not be
more extensive than necessary (not too broad) to achieve
the government's asserted interest
Fourth Amendment
- Search or Seizure conducted by the government is
generally illegal without a warrant from a judge or
magistrate
- To obtain a warrant, the government must demonstrate
probable cause to a judge or a magistrate that the
proposed search or seizure is justified under the law
Fourth Amendment: Exceptions to Warrant Requirement
- The government does not need a warrant if there are
exigent circumstances and if it is acting with probable
cause and obtaining a warrant is impractical
- Consensual searches
- Searches incident to an arrest
- Plain view doctrine
- Investigatory stops
- Welfare Checks
149 Questions and 100% verified CORRECT Answers
Ethics
Manner by which one lives one's life according to a standard
of right or wrong behavior
- In both how one thinks and behaves towards others and
how one would like them to think and behave towards
others
Factors That Influence Ethics
- One's upbringing
- One's religion
- One's social traditions and beliefs
- Society: Structured community of people bound together
by similar traditions and customs
Role of Counsel
Businesses Work With Counsel in one of two formats:
1) In house counsel (part of company management
or executive team) often given the title "General
Counsel"
2) Law firms (outside counsel)
Necessary and Proper Clause
Four part test for evaluating the constitutionality of conditions
attached to federal spending programs:
,1. Spending power must be exercised in pursuit of the
general welfare
2. Grant conditions must be clearly stated
3. The conditions must be related to a federal interest in
the national program or project
4. Spending power cannot be used to induce states to
do things that would themselves be unconstitutional
Necessary and Proper Clause
- Congress may also place conditions on the use of
federal money in order to achieve some public policy
objective
- Congress generally cites the necessary and proper clause
as authorization to set conditions on federal spending
- South Dakota v. Dale: Congress may condition use
of highway money on state's drinking age
Constitutional Protections
- The constitution confers on persons and
businesses constitutional rights
- Most of these rights are contained in the first 10
amendments of the constitution (Bill of Rights)
- Corporations and other business entities do not
always receive the same level of constitutional
protection as individuals
,Corporate Political Speech: Fully Protected Under First
Amendment
- Freedom of corporations to expend money on issue
advocacy (political speech) is fully protected (Corporations
have the same political speech rights as individuals have)
- First National Bank v. Belloti: Political speech does not
lose its protection simply because the speaker is a
corporation
First Amendment
- Contains the important introductory phrase, "Congress
shall make no law" and then articulates several specific
protections against government encroachment in the areas
of religion, speech, press, assembly, and petition of
grievances
- Demonstrates that the framers intended the constitution
to function as a limit on federal government actions
Commercial Speech Partially Protected Under First
Amendment
- Part One: As long as the commercial speech is truthful and
not misleading, the speech qualifies for protection under the
first amendment
- Part Two: The government must show that it has a
substantial interest in regulating the speech
, Virginia State Board of Pharmacy v. Virginia Citizens: State did
not show substantial interest in preventing cut-rate prices
among pharmacies to reduce risk of substandard service
- Part Three: The government must demonstrate that
the restriction directly advances the government's
interest
- Part Four: The government's restriction must not be
more extensive than necessary (not too broad) to achieve
the government's asserted interest
Fourth Amendment
- Search or Seizure conducted by the government is
generally illegal without a warrant from a judge or
magistrate
- To obtain a warrant, the government must demonstrate
probable cause to a judge or a magistrate that the
proposed search or seizure is justified under the law
Fourth Amendment: Exceptions to Warrant Requirement
- The government does not need a warrant if there are
exigent circumstances and if it is acting with probable
cause and obtaining a warrant is impractical
- Consensual searches
- Searches incident to an arrest
- Plain view doctrine
- Investigatory stops
- Welfare Checks
