question

T or F: The stability and predictability of the law is essential to business activity

answer

True

question

T or F: Law is a body of enforceable rules governing relationships among individuals and between individuals and their society

answer

True

question

T or F: A state constitution is supreme within the state's borders

answer

True

question

T or F: A state law that conflicts with the U.S. Constitution will be deemed unconstitutional

answer

True

question

T or F: Common law is a term for law that is common throughout the world

answer

False

question

T or F: Equitable remedies include injunctions and decrees of specific performance

answer

True

question

T or F: The U.S. Constitution is the supreme law of the United States

answer

True

question

T or F: Each state has its own constitution

answer

True

question

T or F: Common law is a term for the laws that are familiar to most of us

answer

False

question

T or F: Equity is a branch of unwritten law that seeks to supply remedies other than damages

answer

True

question

T or F: The legal system of the US and each of the fifty states is based on English common law

answer

False

question

Hawaii enacts a state law that violates the U.S. Constitution. This law can be enforced by

answer

no one

question

In a suit against Kit, Leo obtains specific performance. This is

answer

an equitable remedy only

question

As a judge, Jay applies common law rules. These rules develop from

answer

decisions of the courts in legal disputes

question

In Abel v. Baker, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Charles v. Delta, a case with similar facts. under the doctrine of state decisis, the trial court is likely to

answer

allow the minor to cancel the contract

question

The US has a common law system. The common law began as

answer

rules applied in the courts throughout England

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T or F: The state governments retain all powers not specifically delegated to the federal government

answer

True

question

T or F: The federal government cannot regulate commerce within a state, even if the commerce concerns more than one state

answer

False

question

T or F: When there is a direct between a federal and a state law, the state law is rendered invalid

answer

True

question

T or F: There is a specific guarantee of a right to privacy in the Constitution

answer

False

question

T or F: Political speech that would otherwise be protected by the First Amendment loses that protection if its source is a corporation

answer

False

question

T or F: A government law that restricts a fundamental right will be held to violate substantive due process unless it promotes a compelling or overriding state interest

answer

True

question

T or F: The federal government retains all powers not specifically delegated to the states

answer

False

question

T or F: A state law that treats nonresidents differently from residents may violate the privileges and immunities clause

answer

True

question

T or F: The executive branch can regulate any activity that substantially affects interstate commerce

answer

True

question

T or F: The supremacy clause of the Constitution provides that a state law in invalid when it directly conflicts with a federal law

answer

True

question

T or F: The Bill of Rights consists of the first ten amendments to the Constitution

answer

True

question

T or F: The Bill of Rights protects individuals against various types of interference by the states and by the federal government

answer

True

question

T or F: The First Amendment protects symbolic speech

answer

True

question

T or F: A law that restricts a fundamental right violates substantive due process unless it promotes a compelling state interest

answer

True

question

Tom files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statue

answer

imposes a substantial burden on interstate commerce

question

Fred, the president of Good Retail Corporation, claims that certain actions by the federal government and the state of Hawaii infringe on rights guaranteed by the Bill of Rights. Most of these rights limit

answer

the state gov and the fed gov

question

The Baytown City Council enacts an ordinance that bans the distribution of all printed materials on city streets. A court would likely hold that this law is unconstitutional under what Amendment

answer

First

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Congress enacts the Tight Money Act (TMA) of 2006 to ban "major business entities" from making political contributions that individuals can make. A court would likely hold the TMA to be

answer

an unconstitutional restriction of speech

question

Eli, a citizen of Florida, wants to obtain a business license in Georgia. The Georgia state legislature enacts a law that imposes a $2,000 license fee on nonresidents. Georgia residents to pay $0. This most likely violates what clause?

answer

Privileges and immunities clause

question

What is stare decisis

answer

a legal principle by which judges must respect the precedents established by prior decisions

question

Order of U.S. federal courts

answer

- U.S. district courts (general federal trial courts) - U.S. courts of appeal (federal intermediate appellate courts, must hear all appeals) - Supreme Court of the U.S.

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Judicial requirements

answer

- In personam (over any person or business) - In rem (over the thing) - Long arm statues (out of state based on activities in the state)

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First Amendment

answer

Protects the freedom of religion, speech, and the press

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Second Amendment

answer

Protects the right to bear arms

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Fourth Amendment

answer

Prohibits unreasonable searches and seizures (must have reasonable cause)

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Fifth Amendment

answer

Sets out rules for indictment by grand jury and eminent domain, protects the right to due process, and prohibits self-incrimination and double jeopardy

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Eighth Amendment

answer

Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment

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Tenth Amendment

answer

Limits the powers of the federal government to those delegated to it by the Constitution

question

Fourteenth Amendment

answer

Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause, the Equal Protection Clause, and deals with post-Civil War issues

question

Privileges or Immunities Clause

answer

resident of one state cannot be treated as an alien when in another state

question

Due Process Clause is a provision of what amendments (2)

answer

Fifth and Fourteenth

question

Equal Protection Clause

answer

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

question

Full Faith and Credit Clause states...

answer

"Full faith and credit shall be given in each state to the public acts, record, and judicial proceedings of every other state"

question

Full Faith and Credit Clause applies to

answer

civil matters

question

Full Faith and Credit Clause ensures...

answer

...that rights established under deeds, wills, contracts, and similar instruments in one state will be honored by other states

question

Commerce Clause

answer

gives Congress the power to regulate interstate commerce

question

Due process clause

answer

No person shall be deprived of life, liberty, or property without due process of law

question

Privileges and Immunity clause examples

answer

Tuition and EZ Pass

question

Full Faith and Credit clause examples

answer

same sex marriage with inheritance taxes and wrongful death

question

Gibbins v Ogden- What clause?

answer

Commerce clause

question

Gibbins v Ogden details

answer

-Waterway navigation of Hudson River (NY and NJ) - NY --> Ogden - Fed --> Gibbins - Ruling: Congress has authority to regulate commerce

question

Wickard v. Filburn- What clause?

answer

Commerce clause

question

Wickard v. Filburn details

answer

- Filburn grew more than allowed - Ruling: Congress does not have authority because it is personal consumption and not commerce

question

Heart of Atlanta Motel v US- What clause?

answer

Commerce clause

question

Heart of Atlanta Motel v US details

answer

- Motel does not want to allow blacks - Congress says he must bc of 13th Amendment (slavery) - Ruling: US wins, interstate highways brings in commerce from out-of-state residents

question

United States v. Lopez- What clause?

answer

Commerce clause

question

United States v. Lopez details

answer

Possession of a gun near school is not an economic activity that has a substantial effect on interstate commerce. A law prohibiting guns near schools is a criminal statute that does not relate to commerce or any sort of economic activity.

question

Hodgkins v. Peterson- What amendment?

answer

First Amendment

question

Hodgkins v. Peterson details

answer

- Minor arrested for being out past curfew - Parents sued because it violated freedom of the youth

question

Tinker v. Des Moines- What amendment?

answer

First Amendment

question

Tinker v. Des Moines details

answer

The Court found that the actions of the Tinkers in wearing armbands did not cause disruption and held that their activity represented constitutionally protected symbolic speech

question

Morse v. Frederick- What amendment?

answer

First Amendment

question

Morse v. Frederick details

answer

Because schools may take steps to safeguard those entrusted to their care from speech that can reasonably be regarded as encouraging illegal drug use, the school officials in this case did not violate the First Amendment by confiscating the pro-drug banner and suspending Frederick.

question

Texas v. Johnson- What amendment?

answer

First Amendment

question

Texas v. Johnson details

answer

A statute that criminalizes the desecration of the American flag violates the First Amendment

question

Citizens United v. Federal Election Commission- What amendment?

answer

A provision of the Bipartisan Campaign Reform Act prohibiting unions, corporations and not-for-profit organizations from broadcasting electioneering communications within 60 days of a general election or 30 days of a primary election violates the free speech clause of the First Amendment to the United States Constitution. United States District Court for the District of Columbia reversed.

question

Snyder v. Phelps- What amendment?

answer

First Amendment

question

Snyder v. Phelps details

answer

Speech on a public sidewalk, about a public issue, cannot be liable for a tort of emotional distress, even if the speech is found to be "outrageous". Fourth Circuit affirmed, trial court reversed and remanded.

question

Griswold v. Connecticut- Right to ____

answer

Privacy

question

Griswold v. Connecticut details

answer

A Connecticut law criminalizing the use of contraceptives violated the right to marital privacy. Connecticut Supreme Court reversed.

question

Roe v. Wade- Right to ________

answer

Privacy

question

Roe v. Wade details

answer

Texas law making it a crime to assist a woman to get an abortion violated her due process rights. U.S. District Court for the Northern District of Texas affirmed in part, reversed in part.

question

Loving v. Virginia- What clause?

answer

Equal Protection Clause (14th Amendment)

question

Loving v. Virginia details

answer

The Court declared Virginia's anti-miscegenation statute, the "Racial Integrity Act of 1924", unconstitutional, thereby ending all race-based legal restriction on marriage in the United States.

question

Kelo v. City of New London- Right to _____

answer

private property (5th amend)

question

Kelo v. City of New London details

answer

The governmental taking of property from one private owner to give to another in furtherance of economic development constitutes a permissible "public use" under the Fifth Amendment. Supreme Court of Connecticut affirmed.

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