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

True

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

True

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

True

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

True

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

False

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

True

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

True

T or F: Each state has its own constitution

True

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

False

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

True

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

False

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

no one

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

an equitable remedy only

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

decisions of the courts in legal disputes

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

allow the minor to cancel the contract

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

rules applied in the courts throughout England

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

True

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

False

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

True

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

False

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

False

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

True

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

False

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

True

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

True

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

True

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

True

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

True

T or F: The First Amendment protects symbolic speech

True

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

True

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

imposes a substantial burden on interstate commerce

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

the state gov and the fed gov

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

First

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

an unconstitutional restriction of speech

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?

Privileges and immunities clause

What is stare decisis

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

Order of U.S. federal courts

- 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.

Judicial requirements

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

First Amendment

Protects the freedom of religion, speech, and the press

Second Amendment

Protects the right to bear arms

Fourth Amendment

Prohibits unreasonable searches and seizures (must have reasonable cause)

Fifth Amendment

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

Eighth Amendment

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

Tenth Amendment

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

Fourteenth Amendment

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

Privileges or Immunities Clause

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

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

Fifth and Fourteenth

Equal Protection Clause

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

Full Faith and Credit Clause states...

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

Full Faith and Credit Clause applies to

civil matters

Full Faith and Credit Clause ensures...

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

Commerce Clause

gives Congress the power to regulate interstate commerce

Due process clause

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

Privileges and Immunity clause examples

Tuition and EZ Pass

Full Faith and Credit clause examples

same sex marriage with inheritance taxes and wrongful death

Gibbins v Ogden- What clause?

Commerce clause

Gibbins v Ogden details

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

Wickard v. Filburn- What clause?

Commerce clause

Wickard v. Filburn details

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

Heart of Atlanta Motel v US- What clause?

Commerce clause

Heart of Atlanta Motel v US details

- 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

United States v. Lopez- What clause?

Commerce clause

United States v. Lopez details

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.

Hodgkins v. Peterson- What amendment?

First Amendment

Hodgkins v. Peterson details

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

Tinker v. Des Moines- What amendment?

First Amendment

Tinker v. Des Moines details

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

Morse v. Frederick- What amendment?

First Amendment

Morse v. Frederick details

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.

Texas v. Johnson- What amendment?

First Amendment

Texas v. Johnson details

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

Citizens United v. Federal Election Commission- What amendment?

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.

Snyder v. Phelps- What amendment?

First Amendment

Snyder v. Phelps details

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.

Griswold v. Connecticut- Right to ____

Privacy

Griswold v. Connecticut details

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

Roe v. Wade- Right to ________

Privacy

Roe v. Wade details

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.

Loving v. Virginia- What clause?

Equal Protection Clause (14th Amendment)

Loving v. Virginia details

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.

Kelo v. City of New London- Right to _____

private property (5th amend)

Kelo v. City of New London details

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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