Study sets, textbooks, questions
Upgrade to remove ads
Overview of US Law Chapters 3, 4, 8
Terms in this set (36)
Purpose of the Constitution
Rule the country in 1788. Limit Federal Government rights so that no single branch would have too much power
Certain Powers delegated to the federal government by the states.
Powers not delegated to the federal government by the Constitution and reserved for the state governments
Article I - Legislative Branch
Part of the gov. that makes federal laws. Includes Congress- Senate and House of Representatives
*Each state is represented by 2 senate representatives elected by the State.
*States are represented in in the House based on population.
Article II - Executive Branch
Enforces federal laws. Includes the President and Vice President.
Article III - Judicial Branch
Interprets the Law. Includes the Supreme Courts and other federal courts.
*Supreme court justices are elected by the President.
Checks and Balances
Built into the constitution to ensure no one branch of federal government becomes too powerful.
Establishes that the U.S. Constitution, federal treaties, laws, and regulations are the supreme law of the land.
*State and local laws that conflict with valid federal law are unconstitutional
provides that federal law takes precedence over state or local laws
*Congress may expressively provide that a federal statute exclusively regulates an area or activity.
*Or local governments are given concurrent powers.
Grants Congress the power to regulate commerce with (1)foreign nations, (2)among the states, and with (3)Indian Tribes
*Federal Government has the right to regulate 3 types of commerce. This prevents states from discriminating from each other.
Bill of Rights
First 10 Amendments to the US Constitution.
*Guarantees certain fundamental rights to all humans
*Protects from intrusive government action by: Federal Gov. and State Gov(Incorporation Doctrine)
Freedom of Speech
The right to engage in oral, written, and symbolic speech protected by the First Amendment.
Fully Protected Speech
Things like Burning Flags
Limited Protected Speech
Speech considered offensive or Boasting like.
Things like Slander and child pornography
First amendment Clause prohibiting the government from either establishing a state religion or promoting one religion over another
Free exercise clause
First amendment clause that prohibits the government from interfering with the free exercise of religion in the United States.
Equal Protection Clause
Provides that a state cannot deny to any person within its jurisdiction the equal protection of the laws.
*Laws cannot classify and treat similarly situated people differently.
*Artificial persons, such as corporations, are also protected.
*Does not make the classification of individuals unlawful.
Due Process Clause
No person shall be deprived of life, liberty, or property without due process of the law.
*Fifth amendment: Federal government Action
*Fourteenth Amendment: State and Local government Action
*The government is not prohibited from taking a person's life, liberty, or property.
*Must follow due process in order to do so.
Allows the government to take property for public use.
Privileges and Immunities Clause
Citizens of each State shall be entitled to all privileges and Immunities of Citizens in several states.
*No state shall make or enforce any law that shall abridge these of citizens of the United states.
Bringing, Maintaining, and defending a lawsuit
Legal process during which each party engages in various activities to discover facts of the case from the other party and witnesses prior to trial.
*Purposes: Preventing surprises during trial, Allowing parties to thoroughly prepare for trial, Preserving evidence, Saving court time, Promoting settlement of cases.
Deposition(form of discovery)
Oral testimony given by deponent
Interrogatories(form of discovery)
Written questions submitted by one party to the other party of the suit
Production of documents(form of discovery)
copies of all relevant documents obtained by a party to a lawsuit from another party on order of the court
Physical and Mental exam(form of discovery)
Court-ordered exam of a party where injuries are alleged that could be verified by examination.
Trier of Fact
the jury in a jury trial; the judge where there is not a jury trial
Alternative Dispute Resolution (ADR)
methods of resolving disputes other than litigation
Parties choose a neutral 3rd party to hear evidence and testimony and decide the dispute. Can be binding or nonbinding
Makes a decision and issues an award.
Requires disputes arising out of the contract to be submitted for arbitration
Crimes that are punishable by imprisonment for a year or more. Requires intent
Crimes punishable by fines or imprisonment for a year or less.
Crimes that are neither a felony or misdemeanor that are usually punishable by a fine.
*Criminal act- actus reus
*Criminal Intent- Mens rea
*Specific Intent crime
*General Intent crime
Sets found in the same folder
Chapter36: Corporate Formation and financing
Chapter 39: Limited Liability Companies and Limite…
Chapter 42 Lecture: Ethics and Social Responsibili…
Chapter37: Corporate Governance and the Sarbanes-O…
Other sets by this creator
Chapter 54: International and world Trade Law
Chapter 6: Product and Strict Liability
Chapter 44: Consumer Protection and Product Safety
Chapter 43: administrative Law and regulatory Agen…
Recommended textbook solutions
Fundamentals of Engineering Economic Analysis
David Besanko, Mark Shanley, Scott Schaefer
Mathematics with Business Applications
Introductory Business Statistics
Alexander Holmes, Barbara Illowsky, Susan Dean
The Cultural Landscape: An Introduction to Human Geography, AP Edition
James M. Rubenstein