Business Law Ch 5 Hw

1794 words 8 pages
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 …show more content…

| | **d. created a three-part test that courts must use to determine whether speech is obscene. | | |

13. Ohio has a statute prohibiting the importation of solid or liquid waste that originated or was collected outside the territorial limits of the state. Michigan sues on the grounds that this statute is discriminatory and therefore invalid. Is Michigan correct? **a. Yes due to the dormant or negative commerce clause. | | b. No because a state can do anything they want to protect their own borders. | | c. It depends on why Ohio has that statute in the first place. | | d. None of the above is correct. | |

14. In the Wickard v. Filburn (1942) case, the U.S. Supreme Court held that: a. under the Commerce Clause, Congress has clearly defined limits on the exercise of its powers. | | **b. under the Commerce Clause, Congress may regulate any activity that has a substantial effect on interstate commerce. | | c. under the First Amendment, Congress may regulate political advertising. | | d. the local production of wheat could not be governed by Congress under the Commerce Clause. | | |

15. ____________________ is the Supreme Court's willingness to ______________. a. Judicial restraint, become involved with major political issues and decide cases on constitutional grounds. | | b. Stare Decisis, decide only 14th amendment cases. | | **c. Judicial activism, become involved with major