LES 305 Exam 1 Clark UPDATED Exam actual

LES 305 Exam 1 Clark UPDATED Exam (actual ) 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 / 4

• Spending power must be exercised in pursuit of the general

welfare

• Grant conditions must be clearly stated
• The conditions must be related to a federal interest in the

national program or project

• 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

• / 4

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 3 / 4

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
• / 4