Wednesday, July 17, 2019
Legal Environment of Business Management
Case Questions1. more conjure ups prohibit their draft tickets from being exchange pop out of the nominate, so Pic-A- maintain would have it instrument buy drawing tickets in unhomogeneous states and hold them there someone in Pennsylvania would buy a choose on the tickets held in the other states. intercourse passed a fairness prohibiting interstate highway highway infection of lottery ticket information to be apply for lottery ticket sales. Pic-A-State, which was being put out of business, challenged the law as unconstitutional. Was this correct? Pic-A-State Inc. s challenge stating that the law sexual intercourse passed prohibiting interstate transmission of lottery ticket information to be exercised for lottery ticket sale was unconstitutional is not correct. As per out text, the avocation Clause of the United States Constitution provides that telling shall have Power To regulate mer sack uptile system with foreign Nations, and amount the several states Cong ress has the power to regulate interstate business that includes transmission of information by data processor for purchasing lottery tickets.Although Pic-A-State did not post actual lottery tickets across state lines, only if only sold by-line in lottery tickets via computer, their activity may still be regulated by Congress. Congress has acted under their constitutional puzzle out and power to legislate under the craft Clause. This law has protected the state lottery revenues, and preserving state sovereignty in the economy of lotteries and interstate gambling.2. Plaistow, New Hampshire, passed an ordinance prohibiting transport traffic during late-night hours at a motortruck end loading and unloading facility.It did so to reduce noise and fumes for the upbeat of town residents. The truck terminal had been in operation several long time. Most of the trucks came quintuple miles from an interstate highway to change loads. The truckers repugn the formula as a barri cade on interstate commerce and maintained that regulating an atomic number 18a (interstate trucking) subject to federal official formulas was illegal. Were the truckers right? I believe that the truckers were correct, stating that the regulation was a restriction on interstate commerce. As a person, I can understand the importance of regulating and curb noise and fumes for the town residents.However, this terminal had been in operation for several years and poses a very important piece for truckers as it allows them to pick up and gloam of loads of many different products that aim to be received in a timely manner by their purchasers. By regulating and restricting the operating hours of these truckers, they were high-minded burden on interstate commerce. lone(prenominal) Congress can burden interstate commerce, and since Plaistow, New Hampshire as a state did not get approval from congress, this would be an unconstitutional regulation that imposes on interstate commerce.3 . The state of Iowa has a statute contain to 55 feet the length of trucks on it highways. This make it illegal for commonly use double-trailer trucks 65 feet long to use Iowa highways. The shippers had to either use shorter truckers or go around the state. Iowa warrant the regulation on the basis of safety device on the highways, and because the bigger trucks cause more vilify to it highways. Was this regulation constitutional? No, this regulation is not constitutional Iowas law substantially burdens interstate commerce as it uses regulations out of step with all of its neighboring States regulations.Moreover, Iowa discriminates against out-of-state interests by providing Iowans exemptions that are not extended to out-of-state interests. The safety benefits are not enough to be great than the national interest in keeping interstate commerce free from interference, and this regulation was completely hindering the interstate commerce.11. A church service building owned land in a rural celestial sphere that it used as a recreation area for disabled children. A fire in the area-destroyed vegetation, allowing flooding to occur. To protect public safety, the county follow an ordinance prohibiting any new twist in the area until it determined what to do.The church requested to rebuild was denied for six years while the county pondered what the building code, if any, should be for the area. The church sued for loss of use of the land. Could it recover under the precisely compensation clause of the fifth Amendment? Yes, the church can recover it loss. The fifth part Amendment provides that private property shall not be taken for public use without just compensation. The Fifth Amendment does not prevent the government activity from taking property from private individuals, but does require that just compensation be paid.
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