Exam 2 | ADV 475 - Advertising and Society, Quizzes of Banking Law and Practice

Download Exam 2 | ADV 475 - Advertising and Society and more Quizzes Banking Law and Practice in PDF only on Docsity! TERM 1 3 Branches of Gov DEFINITION 1 1. legislative2. judicial3. executive TERM 2 Judicial Power DEFINITION 2 Power to decide cases justiability- ability of something jourisdiction- judicial restraint, judicial activism ( standing, criminal, civil, and damages) TERM 3 Concur DEFINITION 3 agreeing opinion TERM 4 Dissent DEFINITION 4 disagreeing opinion TERM 5 Types of Law DEFINITION 5 constitutional statutory administrative common law TERM 6 Constitutional Law DEFINITION 6 US/State LawConstitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary. TERM 7 Statutory Law DEFINITION 7 MCL (michigan laws), US Code TERM 8 Administrative Law DEFINITION 8 Administrative law is the body of law that governs the activities of administrative agencies of government. (FCC, SEC, etc) TERM 9 Common Law DEFINITION 9 A Common law legal system is a system of law characterized by case law which is law developed by judges through decisions of courts and similar tribunals. TERM 10 State Court System DEFINITION 10 Trial courts -> Appeals courts -> state supreme courts TERM 21 Bates v State Bar of Arizona 433 US 350 (1977) DEFINITION 21 lawyers needed to start advertising to keep business state of AZ: once people perceive lawyers are in business for money, no one will respect them AZ trying to keep people ignorant of the prices Court: proper ways to regulate lawyers' ads, complete ban not appropriate Bates wins rhenquist + others dissented Public interest is a deciding factor TERM 22 Central Hudson v Public Service Commission of NY 447 US 557 (1980) DEFINITION 22 Advertising encourages increased use of energy, contradicts conservation court created "Central Hudson Test" for any legislature trying to pass a law Q1- is this about lawful activity and is it not misleading? Q2- what is the law about? what are we trying to protect? Q3- does the regulation directly advance that interest? Q4- no more extensive than necessary Court said: ban on promotional advertising is too broad. extracts speech that doesn't affect conservation Central Hudson Test still affects laws today TERM 23 Posados de Puerto Rico v Tourism Co 478 US 328 (1986) DEFINITION 23 Puerto Rico didnt want ads supporting gambling, prostitutes, anything bas towards public Posadas tried to argue that advertising caused gambling, took to SC so it could cause more gambling and make more money Rhenquist said its up to legislation, Puerto Rico wanted to join ban, just small piece of it Casino lost case TERM 24 State University of NY v Fox 492 US 469 (1989) DEFINITION 24 Policy against business conducted in dorms, no door to door sales tupperware party held in dorm- girl arrested/ sent to jail Scalia wrote opinion- passed first 3 tests of CH Test, not bad for student to invite people to dorm for a private party TERM 25 Cincinnati v Discovery Network 507 US 410 (1993) DEFINITION 25 News stands carried ads in city- over 2000 cincinnati banned them SC: 2062 ads, 2000 were newspaper stands, only 62 banned substantial gov interest is aesthetics discovery won, ads were protected. Rhenquist dissented TERM 26 Edenfield v Fane 507 US 761 (1993) DEFINITION 26 court struck down a FL ban on solicitation by certified public accountants TERM 27 US v Edge Broadcasting 509 US 418 (1993) DEFINITION 27 Federal law prohibits advertising of lotteries (except state run lotteries) Edge owned a radio station in NC. VA had lottery, NC didn't. 92% of radio listeners were in VA. TERM 28 44 Liquormart v Rhode Island 517 US 484 (1996) DEFINITION 28 Couldn't advertise booze, protected state temperance in ad, the word "WOW" appeared regulator thought it implied low prices on alcohol, store charged 400$ US District court: law banning alcohol pricing was unconstitutional SC: fair bargaining process.44 liquor mart won TERM 29 Piss Christ DEFINITION 29 Piss Christ is a 1987 photograph by the American artist and photographer Andres Serrano. It depicts a small plastic crucifix submerged in a glass of the artist's urine. Won awards TERM 30 Oklahoma Alcohol Bans DEFINITION 30 1981- law banning alcohol ads. Didn't stop TV/Radio from other states running ads1983- lawsuit #11984- amendment of state constitution banning booze ads, can still say "booze sold here"1985- lawsuit #2- new judge, fails CH test. has little/no effect on demand, consumption, or reducing abuse TERM 31 Mississippi Alcohol Bans DEFINITION 31 Advertisers advertise to prevent users from switching to other brands1985- similar thing, saw ads did lead to more consumption TERM 32 John Banzhaf Tobacco Bans 1966 DEFINITION 32 knew about fairness doctrine (FCC policy) licensed broadcasts, gave one a few stations licenses Tobacco companies say you should smoke, Banzhaf said non- somiking side should be represented as well cig sales dropped solution: lobbied congress to ban tobacco ads from TV starting Jan 1st, 1971 cig ads dominated magazine front TERM 33 C. Everett Koop & American Medical Association 1985 DEFINITION 33 quitting cig smoking is #1 preventable death cause in US if cig ads are gone will people forget?