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82 terms

Law Exam 1

STUDY
PLAY
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.