Basics Flashcards
To pass strict scrutiny, _____________________ must show _____________________________________________..
To pass strict scrutiny, the government must show that the challenged government action is the least restrictive means to achieve a compelling government interest.
To pass the rational basis test, ___________________ must show _________________________________.
To pass the rational basis test, the challenging party must show that the government action is not rationally related to any legitimate government interest.
To pass intermediate scrutiny, _____________________ must show ________________________________________________________.
To pass intermediate scrutiny, the government must show that the government action is substantially related to an important government interest.
The General Welfare Clause (is) (is not) an independent source of power.
The General Welfare Clause is not an independent source of power.
Under the ____ Amendment, all powers not assigned to the federal government are reserved to the states or the people.
Under the 10th Amendment, all powers not assigned to the federal government are reserved to the states or the people.
While Congress may not commandeer state legislatures to enact legislation or commandeer state officials to otherwise carry out federal programs, it may __________________________________________________________.
While Congress may not commandeer state legislatures to enact legislation or commandeer state officials to otherwise carry out federal programs, it may condition federal money on implementation of programs through its taxing and spending powers.
Extrinsic evidence of _________________________ made prior to the execution of a written agreement and __________________________ made at the same time as the written agreement are inadmissible to determine the terms of the contract when the writing is a ______________ integration. They are admissible when the writing is a ________________ integration.
Extrinsic evidence of oral or written statements made prior to the execution of a written agreement and oral statements made at the same time as the written agreement are inadmissible to determine the terms of the contract when the writing is a complete integration. They are admissible when the writing is a partial integration.
The parol evidence rule does not apply when the issue is a _______________________; _____________; ________________; or __________________________. It also does not apply to oral or written statements after the execution of the integration, which should be analyzed as _________________.
The parol evidence rule does not apply when the issue is a defense to formation or enforcement; a separate deal; a condition precedent; or ambiguous language in the terms of the integration. It also does not apply to oral or written statements after the execution of the integration, which should be analyzed as modifications.
_____________________, _____________________, _____________________, _____________________, and ______________________________ all must satisfy the statute of frauds.
Contracts in consideration of marriage, suretyships, contracts whose terms cannot be performed within one year, contracts for the purchase or sale of goods over $500, and real estate contracts all must satisfy the statute of frauds.
To satisfy the statute of frauds with a writing, the writing must be ________________________________; must ___________________________; and must _______________________. Under the common law, the essential terms include ____________________________. Under the UCC, the essential terms are the ___________________.
To satisfy the statute of frauds with a writing, the writing must be signed by the party against whom enforcement is sought; must demonstrate that a contract was formed; and must include the essential terms. Under the common law, the essential terms include the parties, subject, quantity, and price. Under the UCC, the essential terms are the parties, subject, and quantity.
In the absence of a writing, a real estate contract will still satisfy the statute of frauds with either full performance or sufficient partial performance. Partial performance is generally satisfied when the borrower performs two out of the following three actions: 1) possessing the property, 2) making full or partial payment, or 3) making substantial improvements to the property.
In the absence of a writing, a real estate contract will still satisfy the statute of frauds with either full performance or sufficient partial performance. Partial performance is generally satisfied when the borrower performs two out of the following three actions: 1) possessing the property, 2) making full or partial payment, or 3) making substantial improvements to the property.
In the absence of a writing, a UCC contract for over $500 may satisfy the statute of frauds by a) _________________________, b) ______________________________, c) ___________________________________, or d) __________________________________________.
In the absence of a writing, a UCC contract for over $500 may satisfy the statute of frauds by a) performance for the quantity of goods that has been accepted and paid for, b) an admission in court, again only for the quantity admitted, c) written confirmation between merchants, or d) substantial beginning performance by the seller with regard to the manufacture of custom goods not suitable for others in the ordinary course of business.
_____________ performance of service contracts that cannot be completed in one year does not satisfy the statutes of frauds. ___________ performance of such contracts does.
Partial performance of service contracts that cannot be completed in one year does not satisfy the statutes of frauds. Full performance of such contracts does.
In the absence of a writing, a UCC contract for over $500 between merchants may be satisfied by a written confirmation 1) _______________, 2) _____________________, and 3) ___________________________. The receiving party need not respond, but may respond with a written notice of objection within ___ days after receiving the written confirmation, which makes the confirmation ineffective.
In the absence of a writing, a UCC contract for over $500 between merchants may be satisfied by a written confirmation 1) after the oral agreement, 2) when either party sends a written confirmation signed by the seller, and 3) the confirmation is actually received by the other party. The receiving party need not respond, but may respond with a written notice of objection within 10 days after receiving the written confirmation, which makes the confirmation ineffective.
Murder is the _________ killing of a human being with ______________________. ______________________ exists when there is no ________________ and no ___________ applies, and when the defendant had one of the following states of mind: 1) intent to ________
Murder is the unlawful killing of a human being with malice aforethought. Malice aforethought exists when there is no adequate provocation and no excuse applies, and when the defendant had one of the following states of mind: 1) intent to kill, 2) intent
Voluntary manslaughter is a _____________ that would be __________ but for facts establishing _________________________________.
Voluntary manslaughter is a killing that would be murder but for facts establishing adequate provocation.
For a murder to be reduced to manslaughter, there must be __________________, which exists when the provocation would __________________________________________, and there was not __________________.
For a murder to be reduced to manslaughter, there must be adequate provocation, which exists when the provocation would arouse sudden and intense passion in the mind of an ordinary person, and there was not sufficient time between the provocation and the
In jurisdictions where there are degrees of murder, __________ is the default. _______________ murder exists where 1) there is _______________, 2) it was a ___________________, or 3) it was a __________________.
In jurisdictions where there are degrees of murder, second degree is the default. First degree murder exists where 1) there is premeditation, 2) it was a felony murder, or 3) it was a heinous murder.
A murder is felony murder when it occurs ____________________________________ when 1) the felony is a ______________________, 2) the death is __________________________, and 3) the death is caused _____________________________________ from where the felon
A murder is felony murder when it occurs in the commission or attempted commission of a felony when 1) the felony is a distinct crime from the killing, 2) the death is a foreseeable result of the felony, and 3) the death is caused before the defendant’s i
Battery is the 1) ______________, 2) ____________________, 3) ____________________________, and 4) that results in ____________________________. It is a ______________ intent crime.
Battery is the 1) unlawful, 2) application of force, 3) to the person of another, and 4) that results in offensive contact or bodily harm. It is a general intent crime.
Assault is _________________________ or ____________________________________________________.
Assault is an attempt to commit battery or intentionally placing the victim in apprehension of imminent bodily harm.
False imprisonment is the ___________________ of a person _______________. Under the MPC, the ____________ also must ___________________________________. It is a ______________ intent crime.
False imprisonment is the unlawful confinement of a person without consent. Under the MPC, the confinement also must substantially interfere with the victim’s liberty. It is a general intent crime.
Kidnapping is the _____________________ of another in which the defendant ___________________ or ______________________. It is a _____________ intent crime.
Kidnapping is the unlawful confinement of another in which the defendant moves the victim or hides the victim. It is a general intent crime.
Larceny is the _____________________ of the ___________________________ by __________ with the intent __________________________________.
Larceny is the taking and carrying away of the personal property of another by trespass (without consent) with the intent to permanently deprive the person of the property.
