Business Law Midterm Flashcards
What do courts achieve for our democracy
Settle disputes (find solutions)
Interpret laws (judicial review)
This is the most important power of the supreme court
Authority to apply constitutional principles to a particular federal or state executive order, law, or regulation to determine its legality
Provide expectations (for similar cases in the future)
Discuss facts, issues and rationale in Marbury v Madison
William Marbury, a justice of peace in District of Columbia appointed by former President John Adams, sued James Madison, for a commission that he was expecting but did not receive. Marbury had the right to his commission and had brought the case to Supreme court to press Madison to deliver his documents. According to the power of the Supreme Court and the definitions of appellate and original jurisdiction, Supreme court is not responsible for issuing a writ of mandamus.
The court could not issue his remedy and James Madison did not have to deliver the commission through a writ of mandamus.
The Case explains that Marbury having the ability to further his claim to the Supreme court is unconstitutional because the Supreme court would be considered as overstepping its original jurisdiction.
Discuss facts, issues and rationale in Roe v Wade
Jane Roe, who was an unmarried woman, was unable to get an abortion living in Dallas County, Texas. Abortions were criminal cases in the state of Texas when not a direct harm to the mother. She was unable to afford to travel to another jurisdiction
because of the due process of the 14th Amendment, the Texas law violated this due process of protecting the privacy of a woman, and her right to have an abortion.
Ruled in favor of roe
Discuss facts, issues and rationale in Dobbs v Jackson
Issue: Is Mississippi’s law banning nearly all abortions after 15 weeks’ gestational age unconstitutional?
Facts: Mississippi passed the “Gestational Age Act,” prohibiting most abortions after 15 weeks. Jackson’s Women’s Health Organization (abortion clinic) filed a lawsuit and requested an emergency temporary restraining order, which district court granted. After discovery, the district court granted the clinic’s motion for summary judgment and enjoined Mississippi from enforcing the law, finding that the state had not provided evidence that a fetus would be viable at 15 weeks, and Supreme Court precedent prohibits states from banning abortions prior to viability.
Outcome: The Constitution does not confer a right to abortion; Roe v. Wade, 410 U.S. 113, and Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833, are overruled.
Rationale: The Constitution does not mention abortion. The right is neither deeply rooted in the nation’s history nor an essential component of “ordered liberty.”
Discuss facts, issues and rationale in New York Times v Sullivan
the New York Times published an ad for donations to defend Martin Luther King, Jr. on perjury charges. Respondent, L.B. Sullivan, believes that the minor inaccuracies in the ad have harmed his reputation. Sullivan requested publicly for NYT to take this down but got rejected so Sullivan filed a libel action against times.
Court ruled in favor of times because there is no evidence showing that times was intentionally hurting Sullivan’s reputation. New York Times and the defendants had an absolute and constitutional right to publish in the advertisement their criticisms of the Montgomery agencies and officials and did not specifically address any particular person intending to hurt their reputations.
Times did not publish something knowing that it is false and will hurt someone.
Discuss facts, issues and rationale in Citizens v United
In 2008 democratic primary campaign citizen united produced a movie against Hillary Clinton and the FEC said this violates Section 203 of the Bipartisan Campaign Reform Act. Citizens United advocated this section violated their First Amendment and took the case to the supreme court.
Court ruled in favor of citizen united because an organization has a right to advocate for a particular candidate in an election under the first admendment
Discuss facts, issues and rationale in Gore v Bush
The election between gore and bush are just so close that ultimately it depended on Florida state to determine who wins. Bush’s margin of victory was less than one half of a percent so gore requested a recount. But US supreme court stopped it and said it violated the equal protection clause of 14th amendment. In theory the recount was fair but in practice and in the constitution it was not.
Federalism - why, how, what, where it works
Is a form of government with the division of powers between two levels of government of equal status: national and state government. Both federal government and state governments have their own court systems
Federal Courts have three levels – district, circuit and supreme court. Handles cases involving constitutionality, laws and treaties, disputes. between states etc.
Each state designs its own courts, deal with 95% of cases – most criminal, contract, tort etc.
Discuss Jurisdiction and the various types
o Determines whether court has power and authority to decide a particular case. Court possess jurisdiction if it possesses personal and subject matter jurisdiction
o Four types of jurisdiction
In Personam – judge has power and authority to make decision that affects a person – person personally served and have minimum contact with state court located in
Subject Matter Jurisdiction – trial courts subject matter jurisdiction may be limited i.e. federal need be constitutional issue
General jurisdiction
* Original jurisdiction – Trial courts (documents originally issued etc)
* Limited Jurisdiction – power to only hear certain types of cases
* On federal level specific courts are vested with limited jurisdiction, each state has courts of limited jurisdiction that are called by different names
Appellate Jurisdiction
* Appeal is a request for higher court to review lower court decision, usually panel of three judges and no new witnesses or evidence. Appellate courts may affirm, reverse or remand a case
What is justiciability? Explain the various tests
o Refers to the types of issues a court can adjudicate – not anyone can go into court for any reason at any time
o Test
Plantiff must have standing – dog in fight – suffered concrete injury which is traceable to actions of defendant, and it must be likely that the injury can be redressed by a favourable decision
A dispute must exist between two parties – two opposing sides, not seeking an advisory opinion
Legally required pleadings have been alleged – elements necessary to prove plantiffs case must have been alleged in court documents
Timing of case is right – ripeness and mootness
What was the motto of the enlightenment and how did it affect the constitution
Dare to Know
Religion tradition and superstition had in past limited independent thought, founding fathers instead believed that knowledge should be based on observation, logic and reason. Scientific and academic thought should be secular
Deism - higher power created world but does not interfere with the natural law, people should rely on reason and logic
Discuss the differences between civil societies and common law societies
Civil Law
- relies on statutes that are constantly updated by legislative bodies
- judge merely establishes the facts of a case and applies remedies found in codified system
Common Law
- Source of law that originated in courts of English kings
- Decide cases based on pre-established rules so that similar facts will yield predictable outcomes
Six underlying principles of the U.S. constitution
1)Popular Sovereignty - governments power comes from the consent of the governed
2)Federalism
3)Separation of Powers - doctrine that three branches of government are kept separate (Legislature, Executive and Judiciary)
4)Checks and balances - each branch is given powers to provide checks and balances on the other branches
5)Judicial Review - power of the US Supreme Court to review and interpret laws and actions from Congress
6)Limited Government
Discuss the amendments of the constitution that affect the rights of accused of crimes
Fifth Amendment: Protection against self incrimination - Miranda rights (right to remain silent, anything said…)
Sixth Amendment: 5 Principles
1) right to speedy and public trial
2) right to be tried by impartial jury
3) right to be informed of charges
4)right to confront and call witnesses
5)right to an attorney
exclusionary principle: evidence obtained whilst violating A4,5,6 is not admissible
Eight Amendment: Excessive bail and unusual punishment
Discuss the rule of law - where did it come from and why is it important
Rule of law is the principal that no one is above the law - requires that all laws must be publicly promulgated, equally enforced and independently adjudicated
- Magna Carta in English law founding-stone for this
