Foundations of US Government and Law

Question 1

Example of laws reflecting local value of an area

Answer 1

Texas abortion law

Question 2

Supremacy clause of the Constitution (federal and state effects)

Answer 2

Federal law must be made in pursuance; no state law may violate the Constitution or federal law

Question 3

preemption

Answer 3

Federal statutes covering particular subject matter preempt states from making statutes covering the same matter

Question 4

1st Amendment

Answer 4

Freedom of speech and religion

Question 5

1st Amendment restrictions for commercial speech

Answer 5

Where serve a government interest

Question 6

Example of 1st Amendment Restrictions on commercial speech

Answer 6

Drug ads

Question 7

1st Amendment religious effect on businesses

Answer 7

Basis of religious accommodations

Question 8

5th Amendment

Answer 8

Cannot deprive citizens of life, liberty, or property without due process

Question 9

Procedural due process

Answer 9

Right for citizens to hearings before a neutral decision maker prior to deprivation

Question 10

Substantive due process

Answer 10

Government cannot impact or infringe upon a fundamental right without a compelling reason

Question 11

14th Amendment (2)

Answer 11

Restricts government action infringing upon rights AND provides for equal protection of citizens under the law

Question 12

14th Amendment Case

Answer 12

Loving v. Virginia - Virginia anti-miscegenation laws were unconstitutional; illegal for there to be any distinction in law based on race

Question 13

Strict scrutiny condition/classes

Answer 13

Historically discriminated classes (race, disability) or fundamental rights (health, privacy, interstate travel, courts, speech)

Question 14

Strict scrutiny criteria

Answer 14

Must serve a compelling government interest; law must be narrowly tailored to interest; law must be as least restrictive as possible

Question 15

Intermediate scrutiny test condition

Answer 15

Gender, geography, age, illegitimacy

Question 16

Intermediate scrutiny criteria

Answer 16

Must serve an important government interest; law must be substantially related to interest.

Question 17

Rational basis test conditions

Answer 17

Classes not covered under intermediate or strict scrutiny

Question 18

Rational basis criteria

Answer 18

Law must serve legitimate government interest and be rationally related to that purpose.

Question 19

Important powers of Congress

Answer 19

Power to tax and spend; power to regulate interstate commerce

Question 20

Congressional influence over state policy

Answer 20

Use of power to tax and spend to redirect federal funds based on policy

Question 21

Constitutional justification of Obamacare Shared Responsibility Penalty

Answer 21

Tax under Congressional ability to tax and spend

Question 22

Wickard v. Filburn

Answer 22

Roscoe Filburn grew wheat on own farm for personal use in violation of agricultural quota; was ruled to be under scope of regulating interstate commerce b/c growth of own wheat affects prices of wheat

Question 23

Supreme court case which established judicial review

Answer 23

Marbury v. Madison

Question 24

Which court system’s Constitutional interpretations control

Answer 24

Federal judiciary takes precedence over state courts

Question 25

Presidential checks and balances on Congress

Answer 25

veto

Question 26

Presidential checks and balances on judiciary

Answer 26

Selection of judges

Question 27

Congressional checks and balances on president

Answer 27

Override veto, conduct hearings, compel attendance of witnesses, refuse to confirm executive appointments, impeachment by House majority and removal by two-thirds Senate majority

Question 28

Congressional checks and balances on judiciary

Answer 28

Can refuse to confirm federal judges, limit scope of judicial review, or increase number of federal judges

Question 29

Judicial checks and balances on legislature and executive

Answer 29

Judicial review/invalidation of laws and executive orders

Question 30

Diffusion of power

Answer 30

Difficulty of passing laws through Congress leads to more being done by Presidents via executive order

Question 31

10th Amendment

Answer 31

Powers not delegated to United States by the Constitution are reserved to the States or to the people

Question 32

Plenary power

Answer 32

Power exclusive to a particular branch, such as Congress' ability to regulate interstate commerce

Question 33

Two types of law which compose US legal system

Answer 33

common law and code law

Question 34

Stare decisis

Answer 34

Legal principle of applying past opinions

Question 35

Civil law

Answer 35

Based on comprehensive body of code laws created by legislature rather than judicial decision

Question 36

Importance of stare decisis

Answer 36

Provides predictability/consistency in application of law

Question 37

Caveats of stare decisis

Answer 37

Higher courts can overrule prior decisions, or judicial decision can be overruled by legislature

Question 38

Civil law

Answer 38

Governs duties owed to each other as citizens of a state

Question 39

Criminal law

Answer 39

Governs acts considered to be wrongs against the public

Question 40

Public law

Answer 40

Curtailing behaviors society finds to be objectionable

Question 41

Private law

Answer 41

Governs making injured parties whole

Question 42

Four sources of law in United States

Answer 42

Constitution, statutes, regulations, common law

Question 43

Ordinances

Answer 43

Laws created by city councils/boards of supervisors

Question 44

Regulations

Answer 44

Laws created by administrative agencies

Question 45

Two bases of common law

Answer 45

Past opinions and legal principles

Question 46

Trial court

Answer 46

Lowest court, where evidence is presented before a judge and jury

Question 47

Examples of codes

Answer 47

Labor Code, Fish and Game Code

Question 48

Appellate court

Answer 48

Successor to trial court, where decisions from trial court are appealed

Question 49

Supreme court

Answer 49

Successor to appellate court, where decisions by appellate court are appealed.

Question 50

Supreme court caveat

Answer 50

Discretion when deciding to hear a case

Question 51

Name of state trial courts

Answer 51

Superior courts

Question 52

Name of state appellate courts

Answer 52

Courts of Appeal

Question 53

Name of federal trial courts

Answer 53

District courts

Question 54

Name of federal appeal courts

Answer 54

Circuit courts

Question 55

Federal question

Answer 55

Cases concerning federal law or the Constitution

Question 56

Federal jurisdiction

Answer 56

Federal questions or diversity of citizenship over $75,000

Question 57

Rationale for allowing cross-state suits to take place in federal courts

Answer 57

No unfair advantage for either party

Question 58

Changing location of court

Answer 58

Cannot be done by appeal

Question 59

Writ of certiorari

Answer 59

Filing made by party to request an appeal

Question 60

Granting cert

Answer 60

When U.S. Supreme Court decides to hear case

Question 61

When Supreme Court tends to grant cert

Answer 61

Multiple circuit courts disagree or issue of particular importance

Question 62

Alternate name for decision made by court

Answer 62

"the holding"