Business 18 Spring 2012

Preparation hints for Exam #2

General Hints
1. Exam 2 will cover chapters 5, 6, and 7 plus the associated lectures.
2. You must bring a Scantron answer form, and a number 2 pencil to the exam. Please make
sure your Scantron answer form is not three-hole punched, folded, or wrinkled, because I
won't accept it if it is.
3. Closed book, closed notes. NO ELECTRONICS.
4. Not everything that is listed below will be on the test. And there will be questions on the
test on topics that are not listed below. However, the items below are among the most
important lessons of this portion of the course and have a higher than average probability
of appearing on exam 2.
The following items are from chapter 5:
1) The meaning of the following terms and expressions: federalism; enumerated powers; the
Commerce Clause; interstate commerce; the substantial effect rule; Supremacy Clause; the
preemption doctrine; judicial review; judicial activism; judicial restraint; political speech;
time, place, and manner; freedom of speech; symbolic speech; commercial speech; the
Takings clause; the power of eminent domain; substantive due process; economic and social
regulation; fundamental rights; the Fourteenth Amendments Equal Protection Clause; the
Bill of Rights. You will not be expected to know the section or amendment numbers of the
Constitution, except for the 14th Amendment.
2) The three main powers of the office of the President of the United States:
a) Appointment
b) Proposal of legislation to Congress
c) Foreign policy
3) That the commerce clause has become the primary source of federal power to regulate
business because of broad interpretation.
4) That the dormant (or negative) aspect of the commerce clause means that any state statute
that discriminates against interstate commerce is almost always in violation of the commerce
clause (and therefore unconstitutional).
5) That the 1950s through the 1970s were a time of judicial activism by the U.S. Supreme Court
and that from the 1980s to the present have been a time of judicial restraint.
6) That political speech is the most highly protected type of speech and is typically protected
unless it is intended and likely to create imminent lawless action.
7) That non-political speech is protected less than political speech and is balanced with the
rights of others.

8) That substantive due process is about whether or not the government can impinge on or take
away something you otherwise have to the right to do or have.
9) That if a governmental law (or action) impinges upon an economic or social right, the law (or
action) is presumed to be valid and will only be stricken down if it is determined the law (or
action) was arbitrary or irrational.
10) That if a government law (or action) impinges upon a fundamental right, the law (or action)
is presumed to be invalid and will only be upheld if it is determined the law (or action) is
necessary to a compelling governmental interest.
11) The three different tests that are used to determine if a government policy, practice, or
regulation that treats some citizens differently than others is a violation of the Fourteenth
Amendment, and the type of classification to which each test is applied:
a) Minimal scrutiny: Economic and Social Relations know how the test is applied.
b) Intermediate scrutiny: Gender know how the test is applied.
c) Strict scrutiny: Race, Ethnicity, and Fundamental Rights know how the test is applied.
The following items are from chapter 6:
12) The meaning of the following terms and expressions: tort; intentional tort; defamation; public
personality; public figure; public official; actual malice; absolute privilege; qualified
privilege; slander; libel; intentional infliction of emotional distress; assault; battery; false
imprisonment; negligence; comparative negligence; contributory negligence; duty; breach of
duty; factual cause; foreseeable type of harm; the reasonable person test (to determine if a
duty has been breached); res ipsa loquitur; strict liability; ultrahazardous activity; the single
recovery principle; punitive damages; compensatory damages; and assumption of the risk.
13) The two required elements of the tort of intentional infliction of emotional distress:
a) Defendant engaged in behavior which was extreme and outrageous
b) Defendants behavior caused serious emotional harm to plaintiff
14) The four required elements of the tort of defamation, and the additional (fifth) element which
only public officials and public figures must prove. That injury (e.g. humiliation,
embarrassment) is tested by how the reasonable reader (or listener) would feel.
15) The two general requirements a defendant with a qualified privilege against a defamation
lawsuit must adhere to in order to retain that privilege.
16) The three required elements of the tort of false imprisonment:
a) Defendant intentionally restrained plaintiff
b) Without reasonable cause, and
c) Without plaintiffs consent
17) The two conditions a store must meet if they want to detain a person suspected of shoplifting
without becoming liable for false imprisonment:
a) Have a reasonable basis for the suspicion
b) Detain them in a reasonable way, and for no longer than a reasonable time
18) The three required elements of the tort of battery:
a) A touching

b) Which was intentional

c) And which would be unwanted or offensive to a reasonable person
19) The elements of the tort of assault: the defendant performs an act which would cause a
reasonable person in the position of the plaintiff to fear an imminent battery.
20) How to calculate an award of compensatory damages using either the doctrine (theory) of
comparative negligence or the doctrine (theory) of contributory negligence, given some basic
facts about the amount of harm and the percentage responsibility of both the plaintiff and the
defendant in bringing about the harm.
21) The various components of compensatory damages.
22) The 5 elements of the tort of negligence and an understanding of how each of them is applied
to facts.
23) The burden of proof in a tort case and that it is applied to each element of the tort.
The following items are from chapter 7:
24) The meaning of the following terms and expressions: misdemeanor; felony; actus reus; mens
rea; MNaghten rule; general intent; specific intent; entrapment; duress; larceny; fraud;
arson; embezzlement; RICO; affidavit; search warrant; probable cause; reasonable suspicion;
motion to suppress; due process; double jeopardy; self-incrimination; exclusionary rule;
custodial interrogation; and Miranda rights.
25) That crimes are not created by common law. Crimes are created by statute.
26) The four mental states that a prosecutor may be required to prove, depending on the crime.
The intent required to prove burglary. The intent required to prove murder.
27) The burden (standard) of proof in a criminal lawsuit and that it is applied to each element of a
crime.
28) What the prosecution must prove if the government induces the defendant to break the law to
prevent the defendant from being acquitted based on a defense of entrapment: that the
defendant was predisposed to commit the crime.
29) The three elements the prosecution must prove in order to find a corporation guilty of a
crime:
a) An agent of the corporation committed a crime, and
b) The agent was acting within the scope of their employment at the time, and
c) the agents actions were intended by the agent to benefit the corporation
30) The fact that the most common punishment for a corporation found guilty of a crime is a fine.
31) That RICO was enacted to help fight organized crime.
32) That RICO penalties include large fines and up to 20 years in prison.
33) The six exceptions to the general rule that the police must obtain a search warrant before
conducting a search.
34) The two things a search warrant must specify with reasonable certainty.

35) The effect of the U.S. Supreme Courts decision in Miranda v. Arizona on custodial
interrogations by the police. That Miranda applies to custodial interrogations. Know what a
custodial interrogation is.