In-Class Test Review

Question 1

Positivist

Answer 1

what is the law - the letter of the land

Part 61.3 (b) (1), F.S. 330.04

FAA inspector reports you = positivist

Question 2

Moralist

Answer 2

what is right and good

Faa inspector at airport allows you to retrieve certificate from your car = moralist.

Question 3

Code of Hammurabi

Answer 3

First known legal system

written in stone

only privileged few had rights due to social status

medical malpractice

Question 4

Mosaic Law

Answer 4

Root of law in relism and considered an early form of contract law

Decleration of Independence recognizing men are “endowed by their creator with certain unalienable rights”

Question 5

Roman Law

Answer 5

non-citizens had no civil rights

re-codified

bicameral method

Question 6

Magna Carta

Answer 6

sovereign power

federal torts claim act

Habeas Corpus

Trial by jury/due process

Question 7

Habeas Corpus

Answer 7

show me the body

Question 8

Common Law

Answer 8

most important single root of the American legal system

judicial decisions

Precedent (an earlier decision)

Question 9

Napoleonic Code

Answer 9

equality before the law

administrative laws

Question 10

Distributive justice

Answer 10

equality between equals

Question 11

Standing

Answer 11

person has a concrete skate in the outcome of the controversy

Question 12

The opposite of ripe =______

Define

Answer 12

Moot

the real, live, controversy must exist at all stages of review

Question 13

Supreme Law of the Land

Answer 13

constitution

Laws of the united states (Federal and Treaties)

Question 14

Federal laws and treaties Trump state law, what is this called?

Answer 14

Preemption Doctrine

Question 15

Article 1 Section 1 =

Answer 15

Congress shall consist of a senate and House of Representatives

Question 16

Article 1 Section 2 =

Answer 16

The house shall have the sole power of impeachment by majorite vote

Question 17

Article 1 Section 3 =

Answer 17

Senate has the power to try all impeachments

2/3 vote needed to remove from office by all senators present

Question 18

Article 2 Section 2

Answer 18

Commander in chief - deploying troops where deemed appropriate

Question 19

How can the President exercise his powers?

Answer 19

Treaty power

Appointment of ambassadors, public ministers, consuls, Judges of the Sepreme court, nomination by President, confirmation by the Senate

Question 20

Article 3 Section 2

Answer 20

Cases and Controversies

Case must be Ripe

Standing, injury, Causation, Redressability

Question 21

The bill of Rights Limits ____ Power

Answer 21

Limits

Question 22

The 14th Amendment =

Answer 22

due process clause through the incorporation Doctrine

Question 23

First Amendment

Answer 23

Does not apply to unprotected Speech

Saying **** on a plane

Question 24

Secont Amendment

Answer 24

The right to Bear Arms

Question 25

4th Amendment

Answer 25

Protects against unreaspnable search and seizures secure in their persons

Question 26

Search =

Answer 26

Government Intrusion

Question 27

Siezure =

Answer 27

control by the government

Question 28

Probable cause =

Answer 28

information sufficient to persuade a "reasonable person" suspect committed a crime

Question 29

5th amendment

Answer 29

Double jeopardy (Res Judicata) nothing shall happen wihtout due process A limitation of power nor a grant of power

Question 30

Right to travel: Aviation Example

Answer 30

Everyone has a right to travel. By air is not one of them Guy goes to ticket office in San Francisco refuses to show ID and they refused to give him a ticket Sues and states he has a fundamental right to travel Ruled that he doesn’t have a right to by Air

Question 31

6th Amendment

Answer 31

Speedy trial and Impartial Jury Gideon v. Wainright

Question 32

13th Amendment

Answer 32

revoked slavery by the enabling clause Congress can prohibit discrimination by anyone

Question 33

Who gets equal protection according to 14th Amendment?

Answer 33

Citizens

Question 34

21st Amendment

Answer 34

repeals prohibition

Question 35

18th Amendment

Answer 35

enabled prohibition of alochol