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HM 203 > Test 1 > Flashcards

Test 1 Flashcards

1
Q
  • Constitution
  • Statues, Codes, and Ordinances
  • Administrative Laws and Regulations
  • Common Law
A

Sources of Law in U.S.

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2
Q
  • Supreme law of the land

- Establishes federal

A

The Constitution

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3
Q

Creates 3 branches of governments and grants certain powers to each branch

A

Body of Constitution

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4
Q

Protects individual rights

A

Amendments to the Constitution

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5
Q
  • House of Representatives
  • Senate
  • Responsible for creation of new laws
  • Generally responsible from where $ comes from and how it’s spent
A

Legislative Branch (Art I)

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6
Q
  • Statues are enacted by Congress & state legislatures

- ordinances are enacted by local government

A

Statues and codified law

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7
Q
  • President
  • VP
  • Cabinet members
  • Enforces law
  • executive orders
  • treaties
A

Executive Branch (Art II)

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8
Q

“4th branch”

  • created by legislative and executive branches of government
  • given power to enforce law
A

Administrative Agencies

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9
Q

Answer DIRECTLY to the President (ex: IRS, ICE, FDA, CDC, PTO, OSHA, FBI, DEA)

A

Departmental Agencies

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10
Q

Do not answer to the executive branch (ex: CIA, EPA, FTC, FCC, SEC, SSA)

A

Independent Agencies

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11
Q
  • includes Supreme Court

- Art III

A

Judicial Branch

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12
Q

Name Supreme Court Justices (president elects them) (Senate approves President)

A
  • Justice Ginsburg (left)
  • Justice Breyer (left)
  • Kagan (left)
  • Sotomayor (left)
  • Kennedy (neutral)
  • Chief Justice Roberts (right)
  • Scalia (right)
  • Thomas (right)
  • Alito (right)
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13
Q
  • Federal and state courts decide controversy over laws passed.
  • These decisions carry the weight of law
  • Law developed by judges
  • principles announced in these cases become precedent
  • lower courts must follow rules created by superior courts
  • Federal and State courts must follow Supreme Court
A

Common Law

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14
Q

-English System of Law adopted as System of Jurisprudence
-American colonies adopted English system of Law
(Louisiana is the only state who doesn’t use common law –owned by France)

A

History of Common Law

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15
Q

The principle that precedent is binding on later cases “let the decision stand.”

A

Stare Decisis

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16
Q
  • no one branch has too much power

ex: veto, calling law unconstitutional, treaties

A

Checks and Balances

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17
Q

Expressly allocated to Fed Government in body of Constitution

A

Enumerated

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18
Q

powers NOT expressed allocated to Fed Gov. are left to individual states

A

Federalism

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19
Q

“The power to regulate commerce with foreign nations, and among the several states and with Indian tribes.”

A

Commerce Clause

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20
Q

Business affecting more than one state

A

Interstate Commerce

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21
Q

Business affecting only one state

A

Intrastate Commerce

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22
Q

Protect individual liberties

A

Amendments

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23
Q

-Freedom of Speech, Religion, Press, Petition, Assembly

A

1st Amendment

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24
Q
  • dangerous speech
  • fighting words
  • defamation
  • some types of obscenity
A

Unprotected speech

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25
Q

Prohibits the government from either establishing a state religion or promoting one over another

A

Establishment Clause

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26
Q

Prohibits the government from interfering with the free exercise of religion in the U.S.

A

Free Exercise Clause

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27
Q

Right to keep/bare arms

A

2nd Amendment

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28
Q

Quartering of soldiers

A

3rd Amendment

29
Q

Protects against unreasonable search and seizures

A

4th Amendment

30
Q
  • Due process clause (i. notice, ii. Fair hearing)
  • Takings clause
  • Eminent Domain (take property = $)
  • Requires indictments (for crimes to be considered by Grand Jury)
  • Double Jeopardy
A

5th Amendment

31
Q
  • Speedy trial
  • trial by jury
  • right to confront witnesses
  • right to attorney
A

6th Amendment (criminal)

32
Q

-right to trial by civil matter

A

7th Amendment (civil)

33
Q
  • no excessive bail

- no cruel and unusual punishment

A

8th Amendment

34
Q

“federalist government” (gives power not expressly given to federal government)

A

10th Amendment

35
Q

-Prohibits slavery and indentured servants

A

13th Amendment

36
Q

-Equal protection clause
(race, gender, state of residence)
-due process clause (applies to state & local gov)

A

14th Amendment

37
Q

-banned alcohol

A

18th Amendment

38
Q

-gives women right to vote

A

19th Amendment (1919)

39
Q
  • Repeals 18th amendment

- alcohol is legal again

A

21st Amendment

40
Q

-lowers the voting age from 21 to 18.

A

26th Amendment

41
Q

two types of law

A

criminal and civil law

42
Q

A law passed by Congress or by a state legislature.

A

Statute

43
Q

Concerns behavior so threatening that society outlaws it altogether. (crime to embezzle money form an employer, to steal a car, and to sell cocaine)

A

Criminal law

44
Q

Regulates the rights and duties between parties.

A

Civil law

45
Q

The person who is suing.

A

Plaintiff

46
Q

The person being sued.

A

Defendant

47
Q

A court’s decision.

A

Holding

48
Q

To declare the lower court’s ruling wrong and void.

A

Reverse

49
Q

To send a case back down to a lower court.

A

Remand

50
Q

To uphold a lower court’s ruling.

A

Affirm

51
Q

The process of resolving disputes in court.

A

Litigation

52
Q

Resolving disputes out of court, through formal or informal processes.

A

Alternative dispute resolution

53
Q

A form of ADR in which a neutral third party guides the disputing parties toward a voluntary settlement.

A

Mediation

54
Q

A form of ADR in which a neutral third party has the power to impose a BINDING decision.

A

Arbitration

55
Q

Determine the facts and apply to them the law given by appellate courts.

A

Trial courts

56
Q

A court’s power to hear a case.

A

Jurisdiction

57
Q

Means that a court has the authority to hear a particular type of case.

A

Subject matter jurisdiction

58
Q

Legal authority to require the defendant to stand trial, pay judgments, and the like.

A

Personal jurisdiction

59
Q

Court’s written notice that a lawsuit has been filed against the defendant.

A

Summons

60
Q

Statues claim jurisdiction over someone who does not live in a state but commits a tort, signs a contract, causes foreseeable harm, or conducts “regular business activities” there.

A

Long-arm statute

61
Q

Higher courts which generally accept the facts provided by trial courts and review the record for legal errors.

A

Appellate courts

62
Q

The party filing an appeal of a trial verdict.

A

Appellant

63
Q

The party opposing an appeal.

A

Appellee

64
Q

A lawsuit in which the plaintiff and defendant are citizens of different states AND the amount in dispute exceeds $75,000.

A

Diversity case

65
Q

The documents that begin a lawsuit, consisting of a complaint, the answer, and sometimes a reply.

A

Pleadings

66
Q

The pleading that starts a lawsuit, this is a short statement of the facts alleged by the plaintiff, and his or her legal claims.

A

Complaint

67
Q

The defendant’s response to the complaint.

A

Answer

68
Q

A decision that the plaintiff in a case wins without going to trial

A

Default judgment

HM 203 (1 decks)

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