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HM 203 > Test 1 > Flashcards

Test 1 Flashcards

(68 cards)

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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
Prohibits the government from either establishing a state religion or promoting one over another
Establishment Clause
26
Prohibits the government from interfering with the free exercise of religion in the U.S.
Free Exercise Clause
27
Right to keep/bare arms
2nd Amendment
28
Quartering of soldiers
3rd Amendment
29
Protects against unreasonable search and seizures
4th Amendment
30
- 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
5th Amendment
31
- Speedy trial - trial by jury - right to confront witnesses - right to attorney
6th Amendment (criminal)
32
-right to trial by civil matter
7th Amendment (civil)
33
- no excessive bail | - no cruel and unusual punishment
8th Amendment
34
"federalist government" (gives power not expressly given to federal government)
10th Amendment
35
-Prohibits slavery and indentured servants
13th Amendment
36
-Equal protection clause (race, gender, state of residence) -due process clause (applies to state & local gov)
14th Amendment
37
-banned alcohol
18th Amendment
38
-gives women right to vote
19th Amendment (1919)
39
- Repeals 18th amendment | - alcohol is legal again
21st Amendment
40
-lowers the voting age from 21 to 18.
26th Amendment
41
two types of law
criminal and civil law
42
A law passed by Congress or by a state legislature.
Statute
43
Concerns behavior so threatening that society outlaws it altogether. (crime to embezzle money form an employer, to steal a car, and to sell cocaine)
Criminal law
44
Regulates the rights and duties between parties.
Civil law
45
The person who is suing.
Plaintiff
46
The person being sued.
Defendant
47
A court's decision.
Holding
48
To declare the lower court's ruling wrong and void.
Reverse
49
To send a case back down to a lower court.
Remand
50
To uphold a lower court's ruling.
Affirm
51
The process of resolving disputes in court.
Litigation
52
Resolving disputes out of court, through formal or informal processes.
Alternative dispute resolution
53
A form of ADR in which a neutral third party guides the disputing parties toward a voluntary settlement.
Mediation
54
A form of ADR in which a neutral third party has the power to impose a BINDING decision.
Arbitration
55
Determine the facts and apply to them the law given by appellate courts.
Trial courts
56
A court's power to hear a case.
Jurisdiction
57
Means that a court has the authority to hear a particular type of case.
Subject matter jurisdiction
58
Legal authority to require the defendant to stand trial, pay judgments, and the like.
Personal jurisdiction
59
Court's written notice that a lawsuit has been filed against the defendant.
Summons
60
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.
Long-arm statute
61
Higher courts which generally accept the facts provided by trial courts and review the record for legal errors.
Appellate courts
62
The party filing an appeal of a trial verdict.
Appellant
63
The party opposing an appeal.
Appellee
64
A lawsuit in which the plaintiff and defendant are citizens of different states AND the amount in dispute exceeds $75,000.
Diversity case
65
The documents that begin a lawsuit, consisting of a complaint, the answer, and sometimes a reply.
Pleadings
66
The pleading that starts a lawsuit, this is a short statement of the facts alleged by the plaintiff, and his or her legal claims.
Complaint
67
The defendant's response to the complaint.
Answer
68
A decision that the plaintiff in a case wins without going to trial
Default judgment

HM 203 (1 decks)

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