Business Law Ch 5 Hw

1. Assume that the state of Ohio passed a hazardous waste statute, seeking to protect the general public and workers. The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Both the state statute and the federal Occupational Safety and Health Act (OSHA) established job safety standards and specified worker training and employer licensing, but the requirements differed. Which statute(s) Ohio corporations had to obey? Pick the best ANALYSISwer. a. Ohio corporations must obey all state statutes| |

b. Ohio corporations must obey OSHA’s statute and Ohio’s hazardous waste statute| | **c. If there is a conflict between a state statute and a federal statute, the federal statute will win and the state statute will be void.| | d. None of the above is true.|


2. The Equal Protection Clause, which states that governments must treat people equally, is part of which Amendment? a. The Second Amendment| |
b. The Fifth Amendment| |
**c. The Fourteenth Amendment| |
d. The First Amendment|

3. Article I of the Constitution created _______ and Article II created _______. **a. the Congress, the Presidency.| |
b. the Judiciary, the Congress.| |
c. the Presidency, the Congress.| |
d. The Presidency, the Judiciary.| |

4. According to Texas v. Johnson, flag burning is an example of _________, protected by the ____________. **a. symbolic speech, First Amendment.| |
b. pure speech, Fifth Amendment.| |
c. symbolic speech, Fifth Amendment.| |
d. pure speech, First Amendment.| |

5. Andrew is at work and begins to throw a fit because the copy machine is jammed again. In this outrage, Andrew was screaming out profanity. The company fired him stating that the employee handbook gives using profanity as a reason for immediate termination. Andrew claims that the company is violating his first amendment rights of freedom of speech. Is Andrew correct that profanity is protected speech? a. No. Freedom of speech does not apply here because it is not the government acting.| | b. Yes. Profanity is protected speech.| |

**c. Yes. Although it is not per se protected, he can say whatever he wants while in the public.| | d. None of the above is correct.|

6. David Lucas paid $975,000 for two residential lots on the Isle of Palms near Charleston, South Carolina. He intended to build houses on them. Two years later the South Carolina legislature passed a statute that prohibited building seaward of a certain line, and Lucas’s property fell in the prohibited zone. Lucas claimed that his land was now useless and that South Carolina owed him its value. Explain his claim. Should he win? a. Yes, based on the First Amendment Commercial Speech clause.| | b. Yes, based on the Fifth Amendment Due Process clause.| | c. Yes, based on the Fourteenth Amendment Equal Protection Clause.| | **d. Yes, based on the Fifth Amendment Takings Clause.| |

7. Ohio enacted a statute that gives all veterANALYSIS, who were state residents prior to enrolling in the military, the right to a state and local government jobs before any other person. Ohio believes that this to be in the best interest of the state and to those that served our county in a military capacity. Sam, a nonveteran wanted a certain government job, was denied because even though he was a veteran, he did was not a resident of the state of Ohio prior to enrolling. Sam believes that this is wrong. Ohio argues that this is allowed under the constitution. What test will the court apply to the facts of this case to determine if this classification is constitutional? a. Minimal scrutiny| |

b. Intermediate scrutiny| |
c. Compelling interest scrutiny| |
**d. Strict scrutiny| |

8. In order to determine whether the City violated the KKK's constitutional rights, the court would apply the: **a. compelling government interest test| |
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