Study sets, textbooks, questions
Upgrade to remove ads
Terms in this set (12)
cases decided by JUDGES
doctrine of "case law"
the provisions of the fifth and fourteenth amendments to the constitution that guarantee that no person shall be deprived on life, liberty or property without due process of law. Similar clauses are found in most state constitutions
Equal protection clause:
the provision in the fourteenth amendment to the constitution that guarantees that no state will "deny to any person within its jurisdiction the equal protection of the laws." This clause mandates that state governments treat similarly situated individuals in a similar manner
Equal protection clause
- Are rights given in the US constitution - You also remembered that those rights only apply in circumstances where there is government action
the source of Congressional authority to make laws in a wide range of areas, including civil rights and environment laws!
a. Commerce in one state substantially affected commerce involving more than one state (Gibbons v. Ogden)
Marbury v. Madison
whether or not a statute conflicts with the US Constitution
Marbury v. Madison whether or not a statute conflicts with the US Constitution is ultimately to be decided by
a. US SUPREME COURTS
was first established by this case. The right of the court to determine whether a law is constitutional is founded by common law (Marbury v. Madison decision)???
Full faith and credit clauses:
1. shall be given in each state to the public acts, records, and judicial proceedings of every other state. Thus Alabama must respect (give full faith and credit) to the judicial proceedings of Tennessee. The Alabama court must enforce the judgement of the Tennessee court (garnish wages, seize property of plaintiff)
State court judge
is NOT bound by decisions from (1) federal circuit courts nor (2) trial courts (whether state or federal, doesn't matter ... trail court opinions are never precedent (court decision decides on similar facts))
Sets with similar terms
HDFS 3520 Exam 1
Business law Chapters 1-4 Test 1 UNI.
Sets found in the same folder
BLAW Unit 1: Bill of Rights quizzes
BLAW Unit 2: Contract I quizzes
BLAW Unit 1 week 4 Criminal WS
BLAW: Unit 2: Contracts II quizzes
Other sets by this creator
Plant Science Exam #1
plant science retake