BLAW 310 Test 2 - (Fred Davis) (Summer '18)
Terms in this set (85)
Legislative to Congress
House of Rep = 25 years old (elected every 2 years)
Senator = 30 years old (chosen every 6 years)
This is in Article I Section 8:
It is an all pervasive article giving broad powers to congress to regulate interstate commerce
Necessary and Proper Clause
Congress can make all laws necessary and proper to implement these powers
This gives executive powers to the president
1) Must be a natural born citizen of U.S
2) Must be 35 years old
What are the only requirements to become president?
Deals with Courts System
The power of a court to rule a legislative act or administrative regulation unconstitutional
Ex: "Full faith and credit"
says that, "States must recognize laws passed in other states"
Article IV- Section 4
"U.S guarantees protection to every state against invasion", is stated where?
States how the constitution is amended.
Requires 2/3 of both houses or 2/3 of state legislatures to propose amendments
States are challenging the federal government efforts to remove "sanctuary city status". & cities refuse to comply with federal law
"Right to free speech"
Ex: Ferguson, St. Edmunds, Westbro Baptist Church, Berkley, talks on college campuses and NFL players taking a knee
It is in Amendment I-
And says that, government cannot establish religion (religious freedom)
Ex: prayer at school
Free Exercise Clause
It is in Amendment I-
And says that, government cannot prevent the exercise of one's religion
Ex: Bakers and photographers declining to perform services to celebrate weddings against their beliefs; Hobby Lobby decision
Right to bear arms
"Gun control issues"
Ex: school shootings, theatre shootings, terror attacks in San Bernardino and Orlando
Prevents unreasonable searches and seizures without warrant issued upon probable cause supported by oath describing place to be searched or person to be seized. And the right of privacy
Ex: Carpenter Case
Felonies require indictment by grand jury.
As well as the right against self-incrimination
Pertains to Amendment V-
A person cannot be tried for the same crime twice
Have to be read to those placed under arrest.
"You have the right to remain silent. Anything you say can and will be used against you in the court of law. You have a right to an attorney. If you cannot afford an attorney, one will be provided for you."
Due Process Clause
This means that those being sued or accused of crime in legal proceedings must be given notice
Due Process of Law
Federal government cannot deprive a person, life, liberty or property WITHOUT...?
Government can "take" property for public use from citizens through exportation
Ex: Verot School Road
Allowing dams to release flood waters in Houston to alleviate flooding in other ares
Right to speedy and impartial criminal jury trial. The right to be informed of accusations.
Right to trial by jury for controversies over $20
No excessive bail. Prohibits cruel and unusual punishment.
Ex: death penalty cases
Considered to be "your ID card"
People have other rights if not mentioned in Constitution
Ex: abortion rights, same sex marriage decisions
Powers not given to the federal government by the Constitution are reserved to the states
Powers passed by the states as part of their inherent sovereignty. These powers may be exercised to protect or promote public order, health, safety, morals and general welfare
Federal form of government
A system of government in which the states form a union and the sovereign power is divided between the central government and the states
Checks and Balances
The principle under which the powers of the national government are divided among three separate branches- the executive, legislative and judicial branches- each of which exercises a check on the actions of the others
The requirement in Article VI of the U.S Constitution that provides that the constitution, laws and treaties of the United States are "the supreme Law of the Land"
Bill of Rights
First ten amendments of the U.S Constitution
Nonverbal expressions or beliefs, which include gestures, movements and articles of clothing, that are given substantial protection
Ex: Burning the American Flag
Compelling Government Interest
A test of constitutionality that requires the government to have convincing reasons for passing any law that restricts fundamental rights.
Ex: Free speech or distinguishes among people based on a suspect trait
Speech that harms the good reputation of another.
Speech that violates criminal laws, including "fighting words" or words that are likely to incite others to respond violently.
The provision in the First Amendment that prohibits the government from establishing any state sponsored religion or enacting any law that promotes religion or favors one religion more than the other
Due Process Clause (cont.)
The provision in the fifth and fourteenth amendments that guarantee that no person shall be deprived of life, liberty or property without due process of law.
Ex: Procedural and Substantive
Procedural Due Process
Requires that any government decision to take life, liberty, or property must be made fairly
Substantive Due Process
Focuses on the content of legislation rather than the fairness of procedures; It limits what the government may do in its legislative and executive capacities
Equal Protection Clause
The provision in the fourteenth amendment that requires state government to treat similarly situated individuals in a similar manner
Freedom of Information Act (1966)
Provides that individuals have a right to obtain access to information about them collected in government files
Health Information Portability and Accountability Act (1999)
Prohibits the use of a consumers medical information for any purpose other than that for which such information was provided, unless the consumer expressly consents to the use
USA Patriotic Act
This act was passed by Congress in the wake of terriorist attack of September 11, 2001. This act has given government increased authority to monitor internet activities and to gain access to personal financial information and student information
The body of law created by administrative agencies in order to carry out their duties and responsibilities
A federal or state government agency established to preform a specific function
Ex: IRS, FDA, FCC, EPA, DEQ, DMV, ATAC
A group of individuals that are deeply entranced in what they stand for, and are frustrating political processes
Federal Reserve Board
Has enormous power. Raise interest rates and the cost of borrowing money.
Effects: car loans, student loans, mortgages and the availability of money
Chairman on Federal Reserve Board
Securities and Exchange Commission (SEC)
Regulates the nation's stock exchanges, in which shares of stock are bought and sold; enforces the securities laws, which requires full disclosure of the financial profiles of companies that wish to sell stock and bonds to the public
Federal Communication Commission (FCC)
Regulates all communications by telegraph, cable, telephone, radio, satellite, and television
Equal Employment Opportunity Commission (EEOC)
Works to eliminate discrimination in employment based on religion, gender, race, color, disability, national origin or age; investigates claims of discrimination
Ex: Sexual harassment claims
Environmental Protection Agency (EPA)
Undertakes programs aimed at reducing air and water pollution; Works with state and local agencies to help fight environmental hazards
Is a statute enacted by Congress that authorities the creation of an administrative agency and specifies the name, composition, and powers of the agency being created
Department of the State
People that are involved in diplomacy
Ex: Passport office, Bureau of Human Rights and Humanitarian Affairs, Bureau of Consular Affairs
Department of Treasury
People that deal with money
Ex: Internal Revenue Service
Department of Justice
Ex: Federal Bureau of Investigation, Drug Enforcement Administration
Department of Labor
Ex: Occupational Safety and Health Administration; Bureau of Labor Statistics; Employment Standards Administration
Department of Defense
Ex: Military; National Security Agency; Departments of Air Force, Navy, Army; Service academies
Department of Health & Human Resources
Center of disease control and prevention
Ex: Food and Drug Administration
Department of Education
Ex: Common Core
Department of Homeland Security
Has to deal with transportation & cyberspace
Ex: U.S Citizenship and Immigration Services, U.S Coastal Guard
True or False: Agencies have the power to create rules/regulations, order and decisions?
A doctrine based on the U.S Constitution, which has been constructed to allow congress to delegate some of its power to administrative agencies to make implement laws
The organizational structure, consisting of government bureaus and agencies, through which the government implements and enforces the laws
A wrongful act that results in harm or injury to another person that leads to civil liability
What are the two notions of torts?
A monetary award sought as a remedy for a breach of contract or a tortious act
A monetary reward equivalent to the actual value of injuries or damage sustained by the aggrieved party
This compensate the plaintiff for quantifiable monetary losses such as medical expenses, lost wages and benefits. Objectively deal with economics
Non-economic. It compensate individuals (not companies) for the non monetary aspects of the harm suffered
Ex: pain and suffering
Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future
Ex: Hotel bed bugs; Manufactures
True or False: Being sued is not the same as being held liable?
A wrongful act knowingly committed
Any word or action intended to make another person fearful of immediate physical harm - a reasonably believable threat
Unexcused, harmful or offensive physical conduct with another that is intentionally performed
Is the intentional confinement or restraint of another persons activities without justification
Intentional Infliction of Emotional Distress
An extreme and outrageous act, intentionally committed that results in severe emotional distress to another
Wrongfully hurting a person's good reputation
Invasion of Privacy
The idea that someone has a bubble around them and you're not allowed to go in, is an example of what?
Defamation in oral form
Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment
Trespass to land
Entry onto, above or below the surface of the land owned by another without the owner's permission or legal authority
Wrongfully taking or retaining possession of an individual's personal property and placing it in the service of another