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Legal Business 1 > Ch 6 > Flashcards

Ch 6 Flashcards

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0
Q

Which 3 Ammendments influence social policy?

A

13th Am. Abolished slavery
14th am. provides protections of citizens against actions of states
16th am. Authorizes federal income tax

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1
Q

What for governmental bodies does the Constitution create?

A

1 Congress
2 Presidency
3 Vice Presidency
4 Supreme Court

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2
Q

3 important clauses in the 14th Ammendment: protection to citizens against actions of states

A

1 privileges and immunities

2 due process

3 equal protection

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3
Q

First 3 Ammendments of US

A

1 freedom of speech, press, religion and petition

2 right to bear arms

3 conditions for quarters of soldiers

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4
Q

Ammendments 4, 5, 6

A

4 right of search and seizure

5 provisions regarding prosecution

6 right to speedy trial, witnesses

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5
Q

Ammendments 7, 8, 9

A

7 right to trial by jury

8 excessive bail and cruel punishment

9 rule of construction of the constitution

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6
Q

Ammendments 10, 11, 12

A

10 rights of states

11 state sovereign immunity

12 electoral college

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7
Q

Ammendments 13 and 14

A

13 abolishment of slavery and involuntary servitude

14 due process and equal protection

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8
Q

In the constitution, which 3 concepts are of great significance in creating a strong centralized, federal government?

A

1 separation of powers concept

2 supremacy clause

3 contract clause

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9
Q

Separation of Powers

A

Federal level: checks and balances between 3 branches
Of government

Each level of government has separate and distinct role
To play

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10
Q

Federalism, what Ammendment relates to federalism, how?

A

Separation of powers between federal, state/local
governments

States have some sovereignty, 10th am. Reserves some
Powers to states and people

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11
Q

Supremacy clause: Constitution article 6

A

Constitution is supreme under all laws and federal law

Is supreme over state law or local ordinance

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12
Q

Supremacy clause

A

Courts called upon to decide if state law is invalid because

It conflicts with federal law

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13
Q

Preemption

A

If federal law preempts a subject, then any state law that
Attempts to regulate the same activity is unconstitutional
Under supremacy clause

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14
Q

What areas of law does preemption apply to, 2 areas

A

Federal statutes

Rules and regulations of federal administrative agencies

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15
Q

Contract clause in Article 1, Section 10 of Constitution

A

No state shall pass any law impairing Obligation of contracts

This does not apply to federal government

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16
Q

Bill of Rights

A

First 10 Ammendments

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17
Q

The extent of any limitation on basic constitutional guarantee
Depends upon…

A

The nature of the competing public policy

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18
Q

Constitutional guarantees exist to protect the…

2 examples

A

Minority from the majority

Ex. Freedom of speech allows expression of unpopular views
Freedom of assembly allows groups with ideologies foreign
To most to meet and express philosophy

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19
Q

Emergencies (such as war or civil strife) allow…

A

Constitutional rights to be narrowly interpreted

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20
Q

Establishment clause (1st Ammendment) and free exercise clause

Study These Flashcards
A

Guarantee freedom of religion through separation of church

And state

21
Q

What does the first Ammendment of not apply to?

Study These Flashcards
A

Action by private companies

22
Q

Freedom of speech includes both?

2 Freedom of speech recognizes that there is no such thing as…

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A

Verbal and written communications

2 a false idea

23
Q

Obscenity

Study These Flashcards
A

Unprotected speech

24
3 factors that determine if speech is legally obscene? Example of legally obscene in US
1) appeals to prurient interest in sex 2) patently offensive, sexual conduct defined by applicable State law 3 work lacks literary, artistic, political or scientific value Ex. Child pornography
25
Federal Communications Commission (FCC)
Has power to restrict certain speech Restricts indecent programming and profane language between 6 AM and 10 PM on broadcast radio and TV
26
Overbreadth doctrine
Legislators have gone too far in seeking to achieve goal
27
Commercial speech
Freedom of speech protects speech of corporations
28
Example of limitation of commercial speech
Regulation of tobacco advertising
29
Freedom of press
Publishing business is only organized private business given Explicit constitutional protection 1st Ammendment: congress shall make no law abridging Freedom of press
30
Prior restraints
Freedom of press is not absolute If press publishes that which is illegal or libelous. It has Liability for doing so
31
Libel
Tort theory used for recovery of damages as result of printed Defamation of character
32
Defamation
Printed falsehoods that harm reputation
33
Actual malice
Knowledge printed statements are false or circumstances showing reckless disregard for whether True or not
34
Under what circumstances is there a liability for libelous statements without proof of malice with a plaintiff?
When the plaintiff isn't public figure or public official
35
2 important Ammendment provisions for businesses in the 14th Ammendment
1 due process clause 2 equal protection clause
36
14th Ammendment: due process of law
Government may not act in manner: arbitrary or unreasonable This does not apply to individuals, corporations from Acting in unreasonable or arbitrary manner
37
Procedural due process cases
Involve whether proper notice has been given or hearing | Has been conducted
38
Incorporation of doctrine: How has the due process clause played a unique role in constitutional development?
Made most provisions of Bill of Rights applicable to states
39
Equal protection clause of 14th Ammendment
Law should not treat people differently without satisfactory | Reasons
40
3 approaches of equal protection clause
1 minimum rationality 2 strict scrutiny 3 quasi strict scrutiny
41
1) Minimum rationality approach | 2) permissible state end
Rationally connected to permissible or legitimate government Objective 2 qualifies as legitimate role of government not prohibited by another provision of constitution
42
Strict scrutiny test
Classification will be denial of equal protection unless Classification is necessary to achieve compelling state purpose Most stringent level of review
43
When is strict scrutiny test used?
``` When classification involves either suspect class or Fundamental constitutional right ```
44
Suspect class
One that has such disabilities and has been subject to History of purposeful unequal treatment Or placed in position of political powerlessness that Commands extraordinary protection from political process Of majority
45
Examples of classifications that are clearly suspect?
Classifications directed at race, national origin and legitimacy Of birth are clearly suspect
46
Example of minimum rational basis approach
State law restricting advertising on company owned trucks | Is valid because on rational basis it leads to safer roads
47
Strict judicial scrutiny: constitutional rights
Right to vote, right to travel, right to appeal
48
Quasi strict scrutiny, definition, range of cases it is used in? Why is it called quasi strict?
Substantially related to important government interest Used in cases that fall between minimum rationality and strict scrutiny approaches Called quasi strict b/c classifications are only partially suspect Or rights involved aren't quite fundamental
49
Ex. Of partially suspect classifications
Classifications directed at gender
50
7 issues central to equal protection clause
1 apportionment of legislative bodies 2 racial segregation in sale and rental of real estate 3 laws for rights of legitimated and illegitimates 4 make up of juries 5 voting requirements 6 welfare residency requirements 7 rights of aliens
51
7 Examples presumed valid under minimum rationality
``` 1 Height 2 weight 3 age 4 testing 5 school desegregation 6 veteran's preference 7 marriage ```

Legal Business 1 (25 decks)

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