question

English Courts

answer

Equity (injunctions) Law ($)

question

Stare decisis

answer

judges are obligated to follow previous laws.

question

Jurisdiction

answer

State or Fed?

question

City/Small Claims/People's court

answer

<75K. Person to Person. No lawyers

question

Federal Filing

answer

Two or more states with a value of over 75K

question

Hometowned

answer

Disadvantage from going into an opponents territory.

question

Admin Courts

answer

Bankruptcy Workers comp Construction issues Labor issues

question

State structure

answer

Supreme Court Appeals Court Superior Court Small claims

question

Federal structure

answer

US Supreme Court (Lifetime. No election bias) 13 Courts of Appeal (Lifetime. No election bias) District Court

question

State lawmaking

answer

State legislature creates laws for the state

question

Federal lawmaking

answer

Congress and appointed agencies (sub congress groups to create industry laws)

question

Federal Jurisdiction

answer

Diversity of city/residents $75K+ No federal law in questions OR prevailing issue is a state law All federal laws

question

State Jurisdiction

answer

State law! and pretty much everything not federal and under 75K?

question

Long-Arm Statute

answer

'Joe Smith' goes to a different state and causes damage. Can "grab" him and take him back to Nevada to press charges. Nonresident commits crime in a state, can get "long-armed" into the state's jurisdiction. *You are expected to know the laws of other states.

question

Erie v. Tompkins

answer

Train car case. Charges of negligence Conflicting definition of trespassing and negligence.

question

State vs. Fed

answer

States can give more rights than the fed, but not less

question

Rational Basis Test

answer

Reasonably related to a legitimate government purpose

question

Intermediate Scrutiny

answer

Law must further an important Government interest by means that it is substantially related to that interest.

question

Strict Scrutiny

answer

Law must further a compelling government interest and must be narrowly tailored to achieve that interest

question

Right to Privacy

answer

Warrent and Brandeis Assault, not just battery Harmful odors, sounds, etc.

question

Four areas

answer

Unreasonable intrusion into seclusion of another Public disclosure of private facts False light in the public eye Misappropriation of name or likeness

question

Defamation

answer

hate, ridicule, and scorn

question

Libel

answer

written to a third person

question

Slander

answer

spoken to a third person

question

Griswold

answer

The contraceptives case Supreme court threw out the contraceptive law. DIdn't pass the rational basis test. Couldn't dictate intimate issues between man and wife.

question

Bowers

answer

Supreme court upheld the sodomy law in Georgia. Only applied law to gays -- Equal protection clause? Supreme court justices had personal biases

question

Lawrence v. Taylor

answer

Supreme court reversed bowers. 13 State sodomy laws were thrown out 3rd amendment right to privacy Peoples home is a zone of privacy!

question

More Warren/Brandeis

answer

Expand rights Life & Trespassing (Basic protections) Now rights to image, reputation, noise, smoke, smell, threats (battery) Really expanded the concept of privacy "Your right to be left alone" Basic protections -> Right to be left alone -- All from an article Public disclosure of private facts Unreasonable intrusion of seclusion false light Misappropriation of name or likeness

question

Gibbons v. Ogden

answer

Steamboat case State vs. Federal jurisdiction Commerce clause

question

Hustler v. Falwell

answer

A taste of first amendment Balancing of rights Intent to harm vs. Parody

question

Defamation tests

answer

Public You have put yourself in a position to be critiqued Hate, ridicule, and scorn - "was there malice?" Or acted recklessly Truth is always a defense Private More along the lines of negligence

question

5th Amendment

answer

Takings Clause. REAL PROPERTY

question

Real property

answer

Land. Take it to build something.

question

Personal property

answer

cars, clothes, etc.

question

Direct Condemnation

answer

Takes to build road. Government goes to the court because you think amount is too low Jury determines value you get "Public entity seeks to acquire property"

question

Inverse Condemnation

answer

Government makes laws that makes your property less valuable Like government won't let people mine property "Property owner claims public entity took or damaged property"

question

Exaction

answer

Cities, counties, and states create specific laws

question

Partial taking

answer

take part of your land, not all of your land.

question

Mitigation

answer

the action of reducing the severity, seriousness, or painfulness of something

question

Plessy v. Ferguson

answer

Separate but equal is okay 14th amendment due process. Train cars

question

Brown v. Board of Education

answer

Segregated schools Schools were NOT equal "Substantially equal" Separate but equal is NEVER okay

question

Consequentialism

answer

for of utilitarianism (max pleasure, min. pain -> the masses)

question

Deontology

answer

Rule based ethics

question

Virtue ethics

answer

what you believe to be right?

question

WWJD

answer

Personal/religious beliefs

question

Golden Rule

answer

Treat others how you want to be treated

question

IBM

answer

Made equipment for the Nazi's. Conflict of interest for profit

question

Siemens

answer

Make equipment for Nazi's. Used Jews as slaves to work in factory Built gas chambers... To please shareholders after depression

question

Royal Shell

answer

Oil production in Niger Delta Top 10 wetlands in world Locals pissed. Government corrupt and worked with Shell to silence activists $ for shareholders..

question

Cheveron

answer

Similar to Shell except over a pipeline

question

Monsanto

answer

Agent Orange Vietnam war $180M settlement

question

plaintiff

answer

the party who begins a lawsuit by filing a complaint in the appropriate court

question

defendant

answer

the party against whom a lawsuit is brought

question

Constitutional Law

answer

provides safeguards for the rights of individuals within the state and country. (State and federal constitutions)

question

Executive Orders

answer

legally binding directive issued by the president

question

Treaties

answer

written agreement between two or more countries. Approved by 2/3 of Senate

question

Common Law

answer

body of recorded decisions that courts refer to and rely upon when making later legal decisions.

question

Precedent

answer

a model case that a court can follow when making a similar decision.

question

Overruling precedents

answer

Can't be overruled if set by the Supreme Court

question

Case Law

answer

The effects of court decisions that involve the same or similar facts

question

Statutory Law

answer

Law involving statutes passed by either state or federal legislature

question

State Statutes

answer

States can pass laws as long as they don't conflict with the federal laws

question

Ordinance

answer

Law passed by a local government

question

Administrative law

answer

The body of rules, regulations, and decisions created by administrative agencies (IRS)

question

Uniform Commercial Code

answer

Set of laws that govern various commercial transactions. Bring uniformity to the states

question

5 Types of Law

answer

Constitutional - interpreted by federal courts Civil - rights and obligations of individuals. Criminal - Acts against society Administrative - Concerned with the conduct of governmental administrative agencies. International - Concerned with the conduct of nations

question

Moral Law

answer

Concerned with the unenforceable obligations people have with one another.

question

Court Jurisdiction

answer

The authority of a court granted by a constitution or legislative act.

question

Federal Courts

answer

Supreme Court is the highest. Have jurisdiction: federal statutes OR (2 different states AND 75K+)

question

Federal Structure (2)

answer

Supreme Court | 13 Circuit Court of Appeals | District Courts | US Bankruptcy Court | Claims Court

question

District Court Appeals

answer

If you appeal a district court case, it goes to the 13 Circuit Courts.

question

State Structure (2)

answer

State Supreme Court | State Appellate Courts | General Trial Courts | Family Law Courts, Small Claims, Probate

question

Express Powers

answer

Those that are specifically stated in the federal constitution

question

The Uniform Commerce Code has been adopted, at least partly, by all 50 states

answer

True

question

The State of Louisiana had earlier been a Spanish territory, and therefore, has greatly been influenced by the Spanish civil laws.

answer

False

question

The Uniform Commercial Code is a set of laws governing various commercial transactions that is designed to bring uniformity to the laws of the states.

answer

True

question

Many legal obligations are based on moral obligations, but not all moral obligations are legally enforceable.

answer

True

question

A court has appellate jurisdiction if it has the authority to hear appeals from other courts.

answer

True

question

Federal district courts have original jurisdiction in cases in which the parties are residents of different states and the amount involved in the dispute is greater than $75,000.

answer

True

question

There are 50 federal circuit courts of appeal, one for each state.

answer

False

question

The person against whom a lawsuit is brought or who is charged with a violation of the law is called a:

answer

defendant

question

State laws require that barbers and pharmacists pass examinations to be:

answer

licensed to practice

question

The principles and ideals that protect individual liberty and freedom are incorporated in the:

answer

Constitution of the United States

question

A law that is passed by a local government, such as a city council, is often called a(n):

answer

Ordinance

question

Statues are laws enacted by

answer

state and federal legislature

question

The authority or power of a court to hear cases, as granted by a constitution or legislative act, is known as the court's:

answer

jurisdiction

question

Courts that are given the power to hear only certain kinds of cases have:

answer

special jurisdiction

question

The U.S Supreme Court hears appeals from the:

answer

highest state courts

question

The Constitution gives Congress the power to regulate commerce.

answer

True

question

The Constitution divides governmental power between the federal and state governments.

answer

True

question

The Constitution provides for shared power among national, state, and local government

answer

True

question

The Bill of Rights protects the citizenry from abuses of power in the public and private sectors

answer

False

question

The Due Process Clause of the Fourteenth Amendment incorporates the personal freedoms guaranteed by the Bill of Rights, and protects them against intrusion by state governments.

answer

True

question

The First Amendment maintains a separation between church and state.

answer

True

question

The state cannot, for the most part, regulate the context of speech. On the other hand, the state does have greater authority to regulate the content of speech.

answer

false

question

The defense of the First Amendment is available to government employees if their complaints are offered in the employment context.

answer

false

question

Commercial speech receives greater protection under the Constitution than political speech.

answer

false

question

The exclusionary rule provides that evidence secured in violation of the Fourth Amendment may not be used against a defendant at trial.

answer

True

question

Article I of the United States Constitution:

answer

creates Congress and enumerates its powers

question

Which of the following provides for amendments to the Constitution?

answer

Article V

question

Article I, Section 8, Clause 3 of the Constitution:

answer

Congress power to regulate commerce

question

Which of the following sets up the executive branch, headed by the President?

answer

Article II

question

Which of the following statements about the Constitution is true?

answer

The Constitution was designed to protect the citizenry from the government

question

Identify the correct statement about the duties of Congress.

answer

It has the sole power to legislate at the federal level

question

Federalism

answer

The Constitution's provision for shared power among national, state, and local governments.

question

First Amendment

answer

forbids the establishment of an official state religion and undue state interference with religious practice.

question

Which of the following statements about freedom of speech is true?

answer

The state can regulate the context of speech.

question

The _________ Amendment provides that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause.

answer

Fourth

question

The Fourth Amendment prohibits all warrantless searches.

answer

False

question

The Fifth Amendment prohibits the taking of private property for public use without just compensation for the owner.

answer

True

question

Regulatory takings normally do not require government compensation.

answer

True

question

The Due Process Clause of the Fifth Amendment forbids the government to deprive citizens of life, liberty, or property without due process of law.

answer

True

question

Procedural due process means that the government must provide a fair procedure including "notice" and a "fair hearing" before taking an action affecting a citizen's life, liberty, or property.

answer

True

question

The ________ provides that, as a matter of due process, no evidence secured in violation of the Fourth Amendment may be admitted as evidence in a court of law.

answer

Exclusionary rule

question

The Warrant Clause of the Fourth Amendment:

answer

protects commercial buildings as well as private homes from unauthorized searches.

question

Which of the following statements about the Fifth Amendment is true?

answer

it prohibits the taking of private property for public use without "just compensation" for the owner

question

If the government takes all of the economic value of a property or permanently physically invades the property, the taking requires just compensation unless the government is preventing a nuisance, or the regulation was permissible under property law at the time of the purchase of the property. This type of regulatory taking is referred to as ______.

answer

Total taking

question

A situation where the government allows land development only if the owner dedicates some property interest is called a(n) ______.

answer

exaction

question

A regulatory taking where the government allows land development only if the owner dedicates some money to the government is called a(n) _______.

answer

mitigation

question

Which of the following is true regarding the Due Process Clause of the Fifth Amendment?

answer

The Due Process Clause in the Fourteenth Amendment applies to the states.

question

By judicial interpretation, the Fourteenth Amendment Due Process Clause:

answer

absorbs the fundamental liberties of the federal Constitution and prohibits state laws that abridge fundamental liberties.

question

Which of the following means that the government must provide notice and a fair hearing before taking an action affecting a citizen's life, liberty, or property?

answer

Procedural due process

question

________ provides that no state shall "deny to any person within its jurisdiction the equal protection of the laws".

answer

The Fourteenth Amendment

question

Federalism (1)

answer

the system of government

question

Separation of Powers

answer

Government split into three branches

question

Implied Powers

answer

Those that have arisen as a result of interpretation of the express powers by the courts

question

Bill of Rights

answer

First 10 amendments to the constitution

question

Judicial Review

answer

The process of deciding if a law is contrary to the constitution

question

Doctrine of Preemption

answer

If state or local laws are inconsistent with the federal laws, the federal laws must be followed

question

The Commerce Clause

answer

Article 1, Section 8, Clause 3 Congress has power to regulate trade with foreign nations, among the several states, and with indian tribes.

question

Full faith and credit

answer

Mandates each state respect and enforce the judgements of courts in other states

question

Supremacy Clause

answer

Requires state judges to follow federal law in the even of a conflict with state law

question

"Commerce"

answer

Movement or exchange of persons, goods, or information between states

question

First Amendment (1)

answer

Freedom of Speech Freedom of the Press The establishment and free exercise clause relating to religion

question

Second Amendment (2)

answer

Right to bear arms

question

Fourth Amendment (4)

answer

The right to be secure in your own home! Government officials must have probable cause to conduct person or property search. *Detention of longer than 48 hours *Nonconsentual drawing of blood *Gathering fingerprint evidence

question

Fifth Amendment (5)

answer

Double jeopardy, Self incrimination, Due process, Eminent domain

question

Double Jeopardy

answer

Does not allow a court to try a criminal defendant more than once for the same offense

question

Self Incrimination

answer

Gives individuals rights to refuse to divulge information that could be used against them. - Any legal hearing (criminal, civil, judicial, or administrative)

question

Due Process

answer

All people must be granted both procedural and subtantive due process

question

Procedural due process

answer

People must receive a notice of the subject matter, time, and place where proceedings will take place.

question

Substantive due process

answer

Government must not unreasonably interfere with an individuals life, liberty, or property rights.

question

Eminent domain

answer

Permits the government to take private property, real or personal, for a public purpose so long as the owner receives just compensation.

question

Eighth Amendement (8)

answer

No excessive bail, proportionate punishments, no unjustly fines.

question

14th Amendment

answer

No STATE shall deprive people of due process. Must pass equal laws. Rational basis test, and intermediate and strict scrutiny.

question

16th Amendment

answer

Power to tax individuals. Created the IRS

question

Sarbanes-Oxley

answer

Federal statute to monitor financial dealings and disclosures of firms

question

Ethics

answer

the philosophical study of what is right, wrong, good, bad.

question

Morals

answer

beliefs about behavior as judged by society

question

Values

answer

beliefs or standards considered worthwhile, which a society derives its moral rules

question

Stakeholders

answer

People or groups who may be affected by a firms actions or decisions

question

Foreign Corrupt Practices Act

answer

Prohibits American firms from bribing foreign officials.

question

Whistleblowing

answer

A person who reveals a wrongdoing to the public or someone of authority.

question

Three serious crimes

answer

treason, felony, misdemeanor

question

Treason

answer

Levying of war against the united states or giving aid and comfort to the nations enemies

question

Felony

answer

Crime punishable by death or imprisonment in a federal or state prison for a term exceeding a year. Murder, arson, larceny, bribery, and embezzlement

question

Misdemeanor

answer

Punished by a fine and/or imprisonment for less than a year.

question

White Collar Crime

answer

Crimes that do not typically involve force or violence against businesses. Embezzlement, fraud, insider trading, etc.

question

RICO

answer

Racketeer Influenced and Corrupt Organizations Act of 1970. Help prosecute the leaders of organized crime.

question

Securities Fraud

answer

Firm or broker provides false information to potenital nvestors.

question

Ponzi scheme

answer

Newer investors to pay off older investors

question

Arson

answer

Willful or malicious act of causing the burning of property belonging to another person. Including the destruction by the owner in the case of "burning to defraud"

question

Larceny

answer

Most types of theft. Petty or Grand depending on the value of the item stolen

question

Robbery

answer

taking of someone else's possession with force.

question

Hijacking

answer

stealing from a vehicle in transit or the vehicle itself.

question

Shoplifting

answer

stealing merchandise from a retail store

question

Burglary

answer

illegal entering of another persons preimsies for the purpose of committing a crime.

question

Bribery

answer

giving or taking money or property of value with the intent of influencing someone.

question

False Pretenses

answer

Intent to deceive. Get something by making false claims -- Getting a loan.

question

Forgery

answer

False writing or alteration with the intent to defraud.

question

Perjury

answer

Giving false oral or written statements

question

Embezzlement

answer

Wrongful taking of money or other property that has been entrusted to a person as a part of his or her job

question

Extortion

answer

Taking or demanding money by force, threats of force, or economic harm.

question

Other business related crimes

answer

Credit Card Fraud and Identity theft

question

Federal Corruption Protections Act

answer

Holding americans accountable for corruption and other acts abroad "Greasing the wheels of success" - A company can grease to get things done Examples: Shell Oil & Chevron

question

Terry v. Ohio

answer

Search and seizure Can you be searched without proof you've committed a crime? * was the situation dangerous

question

US v. Leon

answer

Search warrant given by "Impartial Magistrate" Probable cause "More likely than not" Good faith clause to the exclusionary rule

question

Miranda v. Arizona

answer

No rights read to Miranda Evidence was there Without the 5th amendment right to avoid self-incrimination and the 6th amendment right to an attorney

question

SIVA

answer

Search Incident to a Valid Arrest Search you get after you are arrested to make sure you don't have any weapons in police custody

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