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Flashcards in Exam 1 Deck (43):
1

Article 1 of constitution

Gives power to legislative branch, they make laws

2

Article 2 of constitution

Gives power to executive branch, they enforce laws

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Article 3 of constitution

Gives power to judicial branch, they interpret the laws

4

Camara v Municipal Court

Court upheld (5-4) that a state court conviction of a homeowner who refused to permit a health inspector to premised without a search warrant for public safety purposes-it was an administrative procedure (he wasn't the only one being targeted).

5

Veto

Presidents can veto and make executive orders, along with signing statements that explain how they interpreted a law passed by the Senate.

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Pocket veto

President does pocket veto by not acting on a bill from the Senate

7

Judicial Review

Power of the courts to review statutes of legislature or executive orders for constitutionality.

8

Criminal Law

Considered injurious (misdemeanors, felonies). These are serious crimes that will get the person over 1 year in jail and large fines

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Civil law

Torts (injuries between individuals-like car accident) and breaking of contracts (agreement between people)-sued for damages

10

Burden of Proof in Criminal Cases

95% proof beyond reasonable doubt

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Burden of Proof in Civil

51% preponderance of evidence

12

U.S. v Park

ACME Markets charged with food safety issues (food shipments exposed to rodent contamination). ACME pleaded guilty but president refused that it was his responsibility to provide sanitary conditions of food. Court ruled in vicarious liability (held responsible for others' actions) and respondeat superior (let the master answer for the actions of his agent).

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Presumption

Rebuttable presumption (can be overcome with evidence)
Unrebuttable (cant be overcome)

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Environmental Audit

Systematic review of practices designed to prove that it is environmentally safe. You are expected to report violations yourself.

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Gravity Policy

1. Report violation 2. Cannot be serious environmental harm 3. Cannot have had any previous violation if new is the same kind (if not, okay) 4. Company cannot destroy evidence

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Inalienable Rights

Rights that cannot be taken away from one (even to help others) unless with administrative ruling

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Federalism

Divergence/sharing of powers between federal, state, and local governments (marbled v layered cake)

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Supremacy Clause (Article 6)

If federal and state governmental powers are contradicting, the federal decision stands.

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10th Amendment

(Police power amendment) ability of states to regulate health, safety, etc

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Interstate Commerce Clause (enumerated powers)

Federal government has power to regulate interstate commerce due to their listed (enumerated) powers (article 1) in the constitution.

21

Active and Dormant Commerce Clause

Active-where Congress passed law and state govt challenges law stating feds infringe state powers
Dormant-rare. There is no federal law and states/cities pass law designed to protect their interests

22

Wickard v Filburn

A referendum vote of farmers on wheat was talked about in speech by Secretary of Agriculture which outlined pros, not cons. Farmer took appeal to District Court when he was penalized due to wheat quota enlisted. Court held that amendment shouldnt be applied because the speech invalidated the referendum

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Preemption

(Preempt the field) federal govt plans for their regulations regarding an issue to be the overriding one

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Due Process Clauses

5th-fed govt cant deny due process
14th-states cant deny due process

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Procedural and Substantive Aspects of Law

Procedural-govt cant take away life, liberty, or property unless they follow procedures in law
Substantive-definition of crimes, must prove every piece of definition

26

Takings Clause

(5th amendment) govt shall not take private property for a public use without just compensation

27

Lucas v S.C. Coastal Council

SC prohibited construction or any eroding beaches. Lucas bought 2 lots before law was passed to build condos. Hadnt started construction yet, said law was taking without just compensation. State court gave him $1.2 m. Supreme court agreed with $.

28

Palazzolo v RI

Property was mostly a marsh protected as coastal wetland. Regulations were in effect before he bought property. He knew this, but took it to court as a takings w/o compensation. Court overthrew charge?

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Kelo v City of New London

Kelo wanted court to adopt a new rule that economic development doesnt qualify as a public use.court said not supported by precedent or or logic

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US v Lopez

Gun-free school zones are not constitutional

31

Equal Protection and Environmental Racism

Equal protection (14th)-no state can deny full protection of the laws to any person (except in certain conditions that risk safety of others-blind people cant drive)
Environmental Racism-situations where superfund sites get cleaned up in rixher areas, poorer areas take much longer or ignored (minorities)

32

9th amendment

Just because a right isnt in 10 amendments doesnt mean its not a right. Is there a right to a clean environment?
Tanner v Armco Steel-rejected right to clean environment

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Public Trust Doctrine

Govt is trustee (executes will of person) of citizens and will protect for everyones sake

34

Adversary v Inquisitorial Systems

Adversary-trial by ordeal (God will promote justiceto righteous-english/american system)- lots of $ equals better odds
Inquisitorial-cooperative approach, judge, and representation of two sides sit down together to talk-not very much $

35

U.S. v Hayes International Corporation

Vicarious liability

36

Society of Plastics v County of Suffolk

Society of plastics sued a county over a plastics ban in McDonald's because they failed to have an environmental review before making the law. Court said group had no standing because they couldnt show their injury as larger than the public at large.

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Jurisdiction

Subject Matter-specified courts (drug, juvenile, domestic...)
Personal-civil cases (service of process "youve been served")

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Discovery

Process to find what evidence other side has and make them produce it (subpoenas, interrogatories-written under oath, and depositions-oral under oath)

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Juries: petit and grand

Petit-trial jury, they decide whether you are guilty or not (6-12 people)

Grand-Investigative jury, they look into crimes to see if there is enough probable cause to bring case to trial

40

Parts of Standing

1) show injury
2) assert your own rights (unless vicarious-ex. parents)

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Case of Controversy Requirement

This is what standing is based on. Includes Doctrine of Mootness and Ripeness.

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Mootness

Courts wont decide cases if the issue presented in the case has already been resolved somehow

43

Ripeness

When facts have been laid out and the case can be decided.