Legal Protections and Authority
Legal Protections and Authority
(Legal Protections and Authority)
answer these questions below 1
- In a case that involves diversity jurisdiction, why would one of the parties prefer a state court to a federal court or vice versa?__________________________________________________________________________________________________________________________________________________________________________________________
- Consider a television or a radio advertisement and indicate how commercial speech is protected to a lesser degree than individual speech in our society.____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
- What is the difference between substantive and procedural due process?________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
- In your opinion, how far should freedom of speech go?Should advertisers be allowed to express opinions that disparage competition?Should satire be protected to the degree where it is crude or obscene in some opinions?______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
- 1Several states have enacted statutes allowing for the medical use of marijuana.The federal government has (thus far) a clear policy against allowing cannabis clubs and the like to distribute the drug.Can the federal government overstep a state initiative?If so, under what authority?_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
- What are the reasons that a court can review and set aside an administrative agency decision?Give an example of two ways that an agency decision might be overturned.
Answers.(Legal Protections and Authority)
1. In a case that involves diversity jurisdiction, why would one of the parties prefer a state court to a federal court or vice versa?
A party may prefer a state court over federal court for various reasons, including familiarity with state law, the potential for more favorable local juries, or perceived biases in federal courts. On the other hand, a party may prefer federal court to avoid possible local prejudices or to have a uniform application of federal law. Federal courts may also be viewed as less influenced by state politics, providing a more neutral forum for parties from different states.
2. Consider a television or a radio advertisement and indicate how commercial speech is protected to a lesser degree than individual speech in our society.
Commercial speech, such as advertisements on television or radio, is subject to more regulation and scrutiny compared to individual speech. While the First Amendment protects commercial speech, it does so to a lesser extent because commercial speech is often viewed as promoting a commercial transaction rather than advancing public discourse or individual expression. Regulations can limit deceptive or misleading advertisements, control the content of ads for specific products (such as alcohol or tobacco), and restrict advertisements targeted at vulnerable populations.
3. What is the difference between substantive and procedural due process?
Substantive due process refers to the protection of certain fundamental rights from government interference, ensuring that laws themselves do not infringe upon rights such as freedom of speech, privacy, or equal protection. Procedural due process, on the other hand, focuses on the fairness of the methods or procedures used by the government to enforce the law, ensuring that individuals are given proper notice, a fair hearing, and an opportunity to be heard before being deprived of life, liberty, or property.
4. In your opinion, how far should freedom of speech go? Should advertisers be allowed to express opinions that disparage competition? Should satire be protected to the degree where it is crude or obscene in some opinions?
Freedom of speech should be protected broadly, but there are limits when it involves harm, falsehoods, or illegal activity. Advertisers should not be allowed to express opinions that intentionally mislead or disparage competition unfairly, as this could harm consumers and businesses. However, they should be allowed to advertise their products truthfully. As for satire, it plays a critical role in cultural and political discourse and should generally be protected, even if it is crude or offensive to some. However, there should be boundaries when satire crosses into defamation, hate speech, or incitement to violence.
5. Several states have enacted statutes allowing for the medical use of marijuana. The federal government has (thus far) a clear policy against allowing cannabis clubs and the like to distribute the drug. Can the federal government overstep a state initiative? If so, under what authority?
The federal government can overstep state initiatives regarding the regulation of marijuana under its constitutional authority to regulate interstate commerce, as marijuana is considered a controlled substance under the Controlled Substances Act. Even if a state legalizes medical marijuana, the federal government can enforce its ban because marijuana, in any form, is still illegal under federal law. The federal government has authority through the Commerce Clause to regulate activities that affect interstate commerce, even if the marijuana trade is confined within state borders.
6. What are the reasons that a court can review and set aside an administrative agency decision? Give an example of two ways that an agency decision might be overturned.
Courts can review and set aside an administrative agency decision if the agency has exceeded its authority, made a decision that is arbitrary or capricious, or violated constitutional or procedural rights. For example, an agency’s decision may be overturned if the agency fails to follow proper procedures, such as not providing adequate notice or hearing to affected parties. Another example is if an agency’s decision is based on an interpretation of law that is clearly unreasonable or inconsistent with prior rulings or statutes.
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