Fact Pattern 4-1 You Own Priscilla's Pecans. You Employ Five People and Sell

question 194

Multiple Choice

Fact Pattern 4-1
You own Priscilla's Pecans. You employ five people and sell your pecan products in one town in Georgia. Your products are not sold in any other state.
The federal government imposes regulations on the pecan industry. The Georgia legislature issues its own safety laws that are stricter than the federal rules. Georgia also places a tax on pecan products made out-of-state because it fears those products will not be as safe as those produced in Georgia under the strict Georgia regulations.
The regulations raise the cost of doing business. To register your unhappiness with the Georgia regulations you attach a label to your products that alerts customers to the rules and expresses your view that the rules are unnecessary and too costly. You donate $10,000 to the campaign of Lucinda Snopes, a friend who is running for the legislature. She opposes the pecan law.
Buddy Reeves, the county attorney, reads the label criticizing the new safety regulations. He draws up a complaint against you and against Priscilla's for distributing inflammatory statements in commerce. He instructs the sheriff to seize your products in order to stop distribution of your statement, which the sheriff does. You contact attorney Travis Shifflett and ask him to represent you.
-Refer to Fact Pattern 4-1. How do the federal safety regulations affect Priscilla's?

• A) because Priscilla's is a strictly local business, these regulations do not affect you
• B) the federal regulations affect you only if they have the same content as the Georgia regulations
• C) the federal regulations apply to you
• D) the federal regulations do not apply to you based on the rationale of Wickard v. Filburn
• E) the federal regulations do not apply to you because the Georgia regulations are illegal

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Definitions:

Provisions

Liabilities of uncertain timing or amount, set aside in anticipation of future obligations or costs.

Present Obligation

A duty or responsibility that exists at the reporting date, typically requiring an outflow of resources.

Contingent Liability

A potential financial obligation that may occur in the future depending on the outcome of a specific event, not confirmed to exist or be measurable until one or more conditions are fulfilled.

Liability

A financial obligation or debt owed by an individual or company.