B-Law Exam 1

laws definition

rules established by govt enforcement

preamble

short statement regarding purpose of constitution

the preamble establishes that the constitution is the _____ law of the land

supreme

appellate beliefs

pretty much why appeal

writ of cretiorari

significant constitutional implications

stare decisis

precedent - to let it stand

common law

past decisions for reference

Plessey Decision

voted on terms that one race inferior and constitution can’t put them on same plane

Murray v Maryland

law school reject Gaines, other law schools not on same caliber, Baltimore county agreed → MD court appeals, ruled in favor of Gaines

Sweat v. Painter

separate but not equal (law school), won

McLaurin v Oklahoma Board…

some school, but separated; supreme court said hindered academic experience

Brown v. Board

5 different cases, some won at US district court but still appealed, segregated schools made black students feel inferior, judges divided but wanted to reverse plessey v furgeson, reheard under new chain - unanimous

reintegration

not instant

Standfer v. US

bribery charge (IRS), one acquitted, appealed to supreme court - luck of the jury

Preponderance of evidence in civil cases

more likely than not

2 major court systems in US

federal, state

when federal court

over 75k, multi-state, unbiased jury/judges

priority of law

constitution/treaties, federal statues, federal regulation, federal law, conflicting state law

supremacy clause

establishes federal laws > state laws

Watters v Washovia Bank

Someone (in state or sum) want to audit, bank said no cause on federal can, bank won

commerce clause

congress power regulate interstate commerce (prevent interstate fighting and economy of entire us more efficient)

Hunt v. Washington State Apple Advertising

about stickers and NC said on USDA - Washington won cause impacted interstate commerce

Wickard v. Filburn

want regulate price of wheat, dude grew own wheat - govt says it did effect commerce cause demand change

Gonzalez v. Raich

own weed farm - govt used commerce clause to shut down

Ogden Memo

people using weed at bottom of investigate priority list

Sessions memo

ogden memo retracted - but still nobody cares

legal standing

-planntiff stake in outcome

-suffered injury in fact

Hein v. Freedom from religion foundation

-lost cause foundation has no standing

-being tax payer doesn’t give concrete standing

personal juristiction

-show court have authority of defendant

long arm statutes

business and other stuff

international shoes v. state of washington

-employees sell but not pay in washington taxes

-had to pay cause intentionally worked in state

Satan and big service

-blamed satan for life issues and breaking law

-court said not have jurisdiction

-entertained cause show why dumb

in rem jurisdiction

over property

litigation process

1. pleadings

2. pretrial motions

3. discovery

4. jury selection

5. opening statements

6. present evidence

7. closing statements

edmondson v. leesville concrete

-cant dismiss juror based on race

-overlap with civil rights law

semans’s district vs. standard oil

-big company bully small company to bankruptcy

-purposely drew out legal battle

interactive gift express v. composure inc.

-sent stuff out threatening

-patent saying anyone doing business on inherent violating patent

-many companies just paid

yankee candle v. bridge water

-sued for pretty much no reason

-bridgewater won - court awarded attourneys fees

freedom of speech

most fundamental right; not unlimited

morse v frederich

suspended for BONG 4 Jesus; upheld cause encourage drug use for minors

who does the 1st amendment protect from

the government

hudson gas v. public servicde

-tried to block from using word electric

-Lawful and not misleading

-govt restriction substantial

1st amendment not protect

obscene/dangerous speech

exercise (religion)

-messy

establishment clause

guidelines to separate church and state

regulations for speech restrictions:

-serve compelling govt objective

-lest restrictive means

Brewvies

-p*rn + alc in theatre; won

snyder v. phelps

-westbro baptist church funerals

-supreme court protect -override state law

-hate speech protected

govt restrict commercial speech

-substantial govt interest

-directly advance govt objective

-narrowly tailored achieve objective

reynolds tobacco v. fda

-fda have disease on images on cigarette packs

-companies won (boo!)

unprotected speech

-promoting imminent lawless action

-defamation

-false/deceptive commercial speech

-obscene speech (really bad)