MGMT 311 HONORS EXAM 1 Questions
with Correct Answers
Dormant Commerce Clause - Answer-state can't regulate interstate commerce - courts
balance state interest against burden on interstate commerce
Taxing Power - Answer-Congress can tax, but must be uniform across states
Spending Power - Answer-Congress pays debts and provides defense and welfare -
rarely challenged
Commercial Speech (when do restrictions uphold?) - Answer-speech made by busn,
protected but not as much as normal speech
Central Hudson Test:
1. speech is lawful and not misleading
2. gov. has substantial interest supported by law
3. law must directly advance governmental interest
4. law is narrowly tailored to accomplish objectives
Unprotected Speech - Answer-1. Defamation: lies harming one's rep
2. Lewd and obscene speech: hard to define
3. Threatening speech
4th Amendment (exceptions) - Answer-Prohibit unreasonable search and seizure
Need warrant, to get warrant must have probably cause to find illegal activity
Exceptions: if item will likely be removed before warrant,m plain view, consent
Search and Seizure regarding Businesses - Answer-Need less probable cause
Warrant not required if:
- spoiled/contaminated food
- highly regulated industry (guns, liquor)
5th Amendment - Answer-Self-incrimination - one can refuse to answer authorities
Applies to sole proprietors, but not corps/partnerships
Due Process - Answer-5th and 14th Amendments
All must be treated fairly under law
Procedural and Substantive Due Process
Substantive Due Process Standards of Reviews - Answer-Tests courts require gov to
pass when law violates due process and equal protection rights
1. Strict Scrutiny: if a legislation restricts "fundamental rights," a compelling gov. interest
must be promoted by legis.
, 2. Rational Basis: for other legis (social and economic issues), requires legis. relates
rationally to legit gov purpose
Difference between substantive due process and equal protection? - Answer-
Substantive Due Process: law limits liberty of all ppl to do something
Equal Protection: law limits liberty of some ppl but not others
Equal Protection - Answer-14th Amendment, right to be treated equally
Gov needs to treat similarly situated indiv in similar manner
Equal Protection Standards of Review - Answer-1. Strict Scrutiny Test: gov must have
compelling interest promoted by legis and law must be narrowly tailored - applies with
fundamental rights and "suspect class" (race, national origin, citizenship)
2. "Rational Basis" Test: gov action must relate rationally to legit gov purpose - only to
econ and social issues
Torts (definition, 3 types) - Answer-Civil wrongs other than breaches of contract
Intentional, Negligence, Strict Liability
Intentional Tort - Answer-focus on act, not harm
no evil motive required
Tortfeaser - Answer-Person committing tort
What are the eight personal torts? - Answer-1. Assault
2. Battery
3. False Imprisonment
4. Intentional Infliction of Emotional Distress
5. Defamation
6. Invasion of Right to Privacy
7. Fraudulent Misrepresentation
8. Abusive/Frivolous Litigation
Assault - Answer-PERSONAL TORT
Intentional, unexcused act creating in another person a reasonable apprehension of
immediate harmful/offensive contact
Requires awareness
Battery (definition, defenses) - Answer-PERSONAL TORT
Unexcused, harmful physical contact that's intentionally performed
Defenses: consent, reasonable defense
False Imprisonment - Answer-PERSONAL TORT
Barriers make one think they can't leave
Shoplifters: some state's allow business to detain reasonably
with Correct Answers
Dormant Commerce Clause - Answer-state can't regulate interstate commerce - courts
balance state interest against burden on interstate commerce
Taxing Power - Answer-Congress can tax, but must be uniform across states
Spending Power - Answer-Congress pays debts and provides defense and welfare -
rarely challenged
Commercial Speech (when do restrictions uphold?) - Answer-speech made by busn,
protected but not as much as normal speech
Central Hudson Test:
1. speech is lawful and not misleading
2. gov. has substantial interest supported by law
3. law must directly advance governmental interest
4. law is narrowly tailored to accomplish objectives
Unprotected Speech - Answer-1. Defamation: lies harming one's rep
2. Lewd and obscene speech: hard to define
3. Threatening speech
4th Amendment (exceptions) - Answer-Prohibit unreasonable search and seizure
Need warrant, to get warrant must have probably cause to find illegal activity
Exceptions: if item will likely be removed before warrant,m plain view, consent
Search and Seizure regarding Businesses - Answer-Need less probable cause
Warrant not required if:
- spoiled/contaminated food
- highly regulated industry (guns, liquor)
5th Amendment - Answer-Self-incrimination - one can refuse to answer authorities
Applies to sole proprietors, but not corps/partnerships
Due Process - Answer-5th and 14th Amendments
All must be treated fairly under law
Procedural and Substantive Due Process
Substantive Due Process Standards of Reviews - Answer-Tests courts require gov to
pass when law violates due process and equal protection rights
1. Strict Scrutiny: if a legislation restricts "fundamental rights," a compelling gov. interest
must be promoted by legis.
, 2. Rational Basis: for other legis (social and economic issues), requires legis. relates
rationally to legit gov purpose
Difference between substantive due process and equal protection? - Answer-
Substantive Due Process: law limits liberty of all ppl to do something
Equal Protection: law limits liberty of some ppl but not others
Equal Protection - Answer-14th Amendment, right to be treated equally
Gov needs to treat similarly situated indiv in similar manner
Equal Protection Standards of Review - Answer-1. Strict Scrutiny Test: gov must have
compelling interest promoted by legis and law must be narrowly tailored - applies with
fundamental rights and "suspect class" (race, national origin, citizenship)
2. "Rational Basis" Test: gov action must relate rationally to legit gov purpose - only to
econ and social issues
Torts (definition, 3 types) - Answer-Civil wrongs other than breaches of contract
Intentional, Negligence, Strict Liability
Intentional Tort - Answer-focus on act, not harm
no evil motive required
Tortfeaser - Answer-Person committing tort
What are the eight personal torts? - Answer-1. Assault
2. Battery
3. False Imprisonment
4. Intentional Infliction of Emotional Distress
5. Defamation
6. Invasion of Right to Privacy
7. Fraudulent Misrepresentation
8. Abusive/Frivolous Litigation
Assault - Answer-PERSONAL TORT
Intentional, unexcused act creating in another person a reasonable apprehension of
immediate harmful/offensive contact
Requires awareness
Battery (definition, defenses) - Answer-PERSONAL TORT
Unexcused, harmful physical contact that's intentionally performed
Defenses: consent, reasonable defense
False Imprisonment - Answer-PERSONAL TORT
Barriers make one think they can't leave
Shoplifters: some state's allow business to detain reasonably
