5 Written questions
5 Matching questions
- Dual Regulation (Conflict)
- Equal Protection (DP) Quasi-strict scrutiny
- In criminal cases who is always plaintiff
- Obscene *
- a Law treating ppl differently has to be directly related to a specific gov objective
- b No protection, But still has doctrine of prior restraint.
- c 1. Federal Pre-emption: Precludes the state from creating any legislation (state laws invalid)
2. Federal Reg. w/ no pre-emption- If state fails any of 3 factors it is unconstitutional
- d STATE
- e ATTEMPT removal
5 Multiple choice questions
- 1. Irreconcilable conflict between federal and state law: If you meet state standard can you meet federal law?
2. State law cannot discriminate in favor of in-state business activity at the expense of out-of-state business activity
3. State law cannot impose an undue burden on interstate commerce
- Can't use the 5th amendment if charges aren't against you.
- Tax must not be so high that an undue burden is created. Must tax in and out of state the same. (Limited by commerce clause)
- The indictment for a Misdemeanor
- Can't force you to testify in a court against yourself
5 True/False questions
Criminal Law → Only felonies, defense doesnt appear, can supine witness, citizens decide if this case should go to court at all
Judges used to be given specific sentence parameters for each type of case. what happens now? → Now they are just guidelines, no longer mandatory.
14th applies to government action... (DP) → Legislation must be fair w/ justification... more infringing on rights=more justification
Double Jeopardy (5th) → If evidence was illegally obtained, you can exclude this evidence bc it violated the 4th amendment
6 elements of the 6th → When Congress simplifies law across the nation (Seatbelts). States must follow law.