Question

A "cease and desist" order has the same effect as an injunction.
a. true
b. false

Answer 1

b. false

A "cease and desist" order and an injunction are not the same thing. While both can be used to stop or prevent certain actions, they have different legal implications and processes. A "cease and desist" order is typically a request or demand to stop a particular behavior, while an injunction is a court order that legally prohibits someone from engaging in certain activities.

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Answer 2

It is false that a "cease and desist" order and an injunction have the same effect; a "cease and desist" is a demand, while an injunction is a legal order by a court. The necessary and proper clause of the Constitution has been used to expand, not limit, federal power, so it is false that it has limited the national government's power.

Step-by-step explanation:

A "cease and desist" order is a demand for an individual or organization to halt an alleged illegal activity and not to resume it later, while an injunction is a court order requiring an individual or entity to do or cease doing a specific action. So, it's false to say a "cease and desist" order has the same effect as an injunction. A "cease and desist" can be a precursor to legal action if not complied with, potentially leading to an injunction being issued by a court.

As for concept related to the Constitution, the necessary and proper clause, known formally as the Elastic Clause, allows the national government to pass laws deemed necessary and proper for carrying out its powers. Contrary to limiting, this clause has been used to expand federal power. Therefore, the statement that the necessary and proper clause has had the effect of limiting the power of the national government is false.