Answer
- Political spending is not a form of protected speech under the First Amendment and the government may prevent corporations or unions from spending money to advocate the election or defeat of a candidate.
b. False
- A lead singer of a nationally known band:
a. is a “public figure” with respect to a defamation action against a newspaper.
The U.S. Supreme Court:
c. has original jurisdiction over certain types of cases.
Karen and Carla are both residents of Iowa, but they have a dispute regarding some land located in Kansas. Karen gives Carla reasonable notice that she is filing a lawsuit in Kansas regarding the land and Carla objects, claiming the Kansas courts have no jurisdiction. In this case:
c. the Kansas courts have in rem jurisdiction to adjudicate the claim regarding the property.
Jacob Carrizal, the admitted leader of the Dallas chapter of the Bandidos motorcycle club, is arrested after a shootout at the Twin Peaks Restaurant in Waco, Texas, in which nine people were killed and at least twenty others were injured. His attorney seeks to move his client’s felony case from McLennan County because of “pervasive, prejudicial, and inflammatory” publicity about the unique case. His attorney is asking for a:
a. change of venue
Ellen, George, and Freda agree to put in $1,000 each to set up a shelter for lost animals. They each work two days a week. Donations fund the day-to-day operations. Do they have a partnership?
b. Yes, because they are all co-equals in ownership of the shelter.
The Texas Commission on Environmental Quality (TCEQ) would like to adopt some new rules regarding environmental impact statements, but it is afraid that if too many people know about them ahead of time, the adverse publicity will force the agency to amend them. To avoid any public comment, the agency seeks to adopt the rules without publishing them. Which of the following statements is true regarding the agency’s actions?
c. The agency is seeking to adopt the rules by a procedure that violates the rulemaking procedures set forth in the APA.
The main purpose of The Bill of Rights was to:
a. enumerate all of the rights of U.S. citizens.
Commercial speech:
b. must concern lawful activity and not be misleading in order to receive First Amendment protection.
Edward Smith is a professor at Southwestern State University. One day he has an argument with the president of the University over the current political administration. The next day, he is fired for incompetence. He sues, claiming the firing is arbitrary and that he was denied an opportunity to respond to the charges. In this case:
C. The firing by a state university is state action involving a property right that would entitle Edward Smitht to a hearing and an opportunity to respond to the allegations against him.
Explanation
- Political spending is not a form of protected speech under the First Amendment and the government may prevent corporations or unions from spending money to advocate the election or defeat of a candidate.
b. False
According to Essentials of Business and the legal environment by Mann & Roberts, (P.79), political spending is a form of protected speech under the first amendment. The decision on Citizens United v. Federal Election Commission 558 U.S 310 (2010), the government is not by any way allowed to prevent corporations and unions from spending the finances to advocate the election or defeat of a candidate.
- A lead singer of a nationally known band:
a. is a “public figure” with respect to a defamation action against a newspaper.
Actual malice is a legal standard that is established by the Supreme Court for libel cases involving defamation by the press, directed towards a public figure or public official. A lead singer of a nationally known band is a public figure and in accordance to law, to win a case and be awarded damages, the public figure needs to prove that the media the media published false statements with actual malice, which means the media acted in disregard of whether the statements were true or false.
The U.S. Supreme Court:
c. has original jurisdiction over certain types of cases.
According to section II of Article III, the constitution gives the U.S supreme court jurisdiction over certain cases such as lawsuits involves two or more states, or cases between ministers and ambassadors.
Karen and Carla are both residents of Iowa, but they have a dispute regarding some land located in Kansas. Karen gives Carla reasonable notice that she is filing a lawsuit in Kansas regarding the land and Carla objects, claiming the Kansas courts have no jurisdiction. In this case:
c. the Kansas courts have in rem jurisdiction to adjudicate the claim regarding the property.
According to Essential of Business Law and Legal Environment by Mann & Roberts (P.52), courts in a state have the jurisdiction to adjudicate claims regarding property located within the state, as long as a legal notice is given to both parties and there exists a reasonable opportunity to contest the claim. Therefore, since the property is located in Kansas, the courts in Kansas have in rem jurisdiction to heat the case.
Jacob Carrizal, the admitted leader of the Dallas chapter of the Bandidos motorcycle club, is arrested after a shootout at the Twin Peaks Restaurant in Waco, Texas, in which nine people were killed and at least twenty others were injured. His attorney seeks to move his client’s felony case from McLennan County because of “pervasive, prejudicial, and inflammatory” publicity about the unique case. His attorney is asking for a:
a. change of venue
A directed verdict is whereby the final ruling by the court is directed by the evidence introduced at trial against one party. Motion in limine occurs when certain evidence be considered inadmissible, and that it should not be referred to at trial. A judicial conference refers to judges and concerned individuals joining as a group to review and improve the administration of justice. When the attorney files to transfer the case or legal action from one county or state to another for trial, this is called a change of venue motion.
Ellen, George, and Freda agree to put in $1,000 each to set up a shelter for lost animals. They each work two days a week. Donations fund the day-to-day operations. Do they have a partnership?
b. Yes, because they are all co-equals in ownership of the shelter.
A partnership does not require any legal status because it is simply an agreement between two or more people. The only legal requirement for a partnership to be considered as lawful is registration with HMRC and each partner registering for self-assessment and filing tax returns. As long as two or more partners agree to conduct a business together and share profits and losses, it is officially a partnership.
The Texas Commission on Environmental Quality (TCEQ) would like to adopt some new rules regarding environmental impact statements, but it is afraid that if too many people know about them ahead of time, the adverse publicity will force the agency to amend them. To avoid any public comment, the agency seeks to adopt the rules without publishing them. Which of the following statements is true regarding the agency’s actions?
c. The agency is seeking to adopt the rules by a procedure that violates the rulemaking procedures set forth in the APA.
The Administrative Procedure Act (APA) outlines the process that every agency has to follow in maing rules. According to APA, the agency is required to give a notice of the proposed rulemaking, published in the Federal Register. The notice must include the date the rule becomes effective, and the agency must accept all comments made by public. TCEQ would be violating the APA guidelines by not notifying the public.
The main purpose of The Bill of Rights was to:
a. enumerate all of the rights of U.S. citizens.
The Bill of Rights was made to protect the basic rights of U.S citizens which guarantees the freedom of speech, press and assembly among other rights. The Bill of Rights spells out/enumerates all the rights of U.S citizens, both liberty and civil rights.
Commercial speech:
b. must concern lawful activity and not be misleading in order to receive First Amendment protection.
Commercial speech is a form of protected communication that is covered by the First Amendment, which includes commercial advertising, promises, and solicitations. To determine whether government regulation of commercial speech is constitutional or not; The speech must concern lawful activity and not a misleading speech, there must be substantial government interest in regulating the speech, the regulation must advance governmental interest directly, and lastly, the regulation must not be more extensive.
Edward Smith is a professor at Southwestern State University. One day he has an argument with the president of the University over the current political administration. The next day, he is fired for incompetence. He sues, claiming the firing is arbitrary and that he was denied an opportunity to respond to the charges. In this case:
C. The firing by a state university is state action involving a property right that would entitle Edward Smitht to a hearing and an opportunity to respond to the allegations against him.
The First Amendment provides free-speech protection to public employees like Smith. A public employer like the Southwestern State University cannot discipline its employees for their speech under certain circumstances. Even when there is a cause for the discipline, the employee must be given the chance to respond to the allegations.
Reference: https://www.freedomforuminstitute.org/wp-content/uploads/2014/09/fac_firstreport_public-employees-free-speech.pdf
