LEB 320F Unit 3 Quiz with correct Answers
The government can legally force you to sell your property to them. - Answer -True; Under the Takings Clause of the Fifth Amendment, which has been incorporated to apply to state and local governments, the power of eminent domain may be exercised by governments to take land "for public use with just compensation."
Many state powers are derived from police powers. - Answer -True; The ability to regulate morality, police the population, restrict motor vehicular use, and many other state powers are derived from police powers.
In order to win a suit, criminal or civil, intent to perform the action in question is required.
- Answer -False; Although intent is required in most criminal and some civil claims, many claims do not require any level of intent, such as negligence claims.
State governments may outlaw corporate speech if the speech would not materially affect the business. - Answer -False; In First National Bank of Boston v. Bellotti, the Supreme Court stated that "the inherent worth of the speech in terms of its capacity for informing the public does not depend upon the identity of the source." Because of this, corporate political speech is protected.
Congress has the ability to delegate legislative powers to other branches. - Answer -
True; Congress can, and has many times before, allowed other branches to create agencies with legislative-like powers. Some examples are the SEC, the U.S. Patent and
Trademark Office, and the U.S. Parole Commission.
Purely economic interests are extremely strong factors weighing in favor of allowing a state regulation to be allowed under the unduly burdening state commerce doctrine. - Answer -False; Although they are legitimate reasons, these interests typically do not weigh as heavily as a state's interest in protecting the safety and health of its citizens or protecting them against fraudulent or other wrongful practices.
Civil law and criminal law require the same burden of proof to be established in order to prove a case. - Answer -False; Criminal law requires that the defendant's guilt be proven "beyond a reasonable doubt" while civil actions must only be proved by "a preponderance of the evidence."
The government can legally force you to sell your property to them. - Answer -True; Under the Takings Clause of the Fifth Amendment, which has been incorporated to apply to state and local governments, the power of eminent domain may be exercised by governments to take land "for public use with just compensation."
Many state powers are derived from police powers. - Answer -True; The ability to regulate morality, police the population, restrict motor vehicular use, and many other state powers are derived from police powers.
In order to win a suit, criminal or civil, intent to perform the action in question is required.
- Answer -False; Although intent is required in most criminal and some civil claims, many claims do not require any level of intent, such as negligence claims.
State governments may outlaw corporate speech if the speech would not materially affect the business. - Answer -False; In First National Bank of Boston v. Bellotti, the Supreme Court stated that "the inherent worth of the speech in terms of its capacity for informing the public does not depend upon the identity of the source." Because of this, corporate political speech is protected.
Congress has the ability to delegate legislative powers to other branches. - Answer -
True; Congress can, and has many times before, allowed other branches to create agencies with legislative-like powers. Some examples are the SEC, the U.S. Patent and
Trademark Office, and the U.S. Parole Commission.
Purely economic interests are extremely strong factors weighing in favor of allowing a state regulation to be allowed under the unduly burdening state commerce doctrine. - Answer -False; Although they are legitimate reasons, these interests typically do not weigh as heavily as a state's interest in protecting the safety and health of its citizens or protecting them against fraudulent or other wrongful practices.
Civil law and criminal law require the same burden of proof to be established in order to prove a case. - Answer -False; Criminal law requires that the defendant's guilt be proven "beyond a reasonable doubt" while civil actions must only be proved by "a preponderance of the evidence."
