LEGL - Ch. 6 - Answers to Review Questions

LEGL - Ch. 6 - Answers to Review Questions - Chapter 06 -...

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Unformatted text preview: Chapter 06 - The Constitution and Regulation of Business ANSWERS TO REVIEW QUESTIONS AND PROBLEMS - CHAPTER 6 BASIC CONCEPTS 1. Separation of Powers The horizontal aspect of separation of powers provides the checks and balances among the three branches of the federal government. The vertical aspect of this constitutional concept assists in defining the roles among various levels of government. 2. Supremacy Clause Yes. Since there is a conflict between the federal and Florida laws, the court must decide if the conflict can be reconciled. The U.S. Supreme Court found this conflict is irreconcilable; therefore, the federal law preempts the Florida law under the Supremacy Clause. Barnett Bank of Marion County, N.A. v. Nelson , 116 S.Ct. 1103 (1996). 3. Contract Clause (a) This clause just addresses state government actions that may impair the obligation of contracts. (b) This clause applies only to present contractual obligations. States are free to regulate future contracts. AMENDMENTS AND BASIC PROTECTIONS 4. Freedom of Religion The Establishment Clause assures that no government will attempt to create a sponsored religion or church. The Free Exercise Clause protects each individuals choice to practice any particular religious faith. 5. Freedom of Press (a) Yes, the law protects artistic expression, such as a play, from repression prior to its performance. There always is the possibility that a performance may not include the objectionable material or activity. (b) Public persons are given less protection than enjoyed by private persons. Those in the former group must prove that a false statement about him or her was made with malice or an obvious disregard for the truth. A private person needs to establish only the falsehood....
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LEGL - Ch. 6 - Answers to Review Questions - Chapter 06 -...

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