blaw exam 1 (questions for chap 1-5) review

What is the modern definition of law?

A body of rules of action or conduct prescribed by the controlling authority and having binding legal force.

What causes changes in acceptable behavior?

Changes in law.

What powers does the government get that are not listed in the Federal Constitution?

State powers.

What happens when a law contradicts the Constitution?

It is deemed unconstitutional or overturned.

What are the three main branches of government?

Legislative, Executive, Judicial.

What do state constitutions represent?

The highest law of the land for state law.

Who creates statutory law?

Legislatures.

What is judicial review?

The authority of courts to interpret laws and review federal and state statutes.

How many statutes get sent to the president each year to be signed into law?

200 - 300.

What is a bi-cameral legislature?

A two-house legislature that serves as a check on power.

How is an administrative agency created?

The legislature delegates authority to the executive branch and creates the agency.

What is a case in legal terms?

To get a dispute resolved by a court, you must bring a case.

What does precedent mean in case law?

To follow previous cases.

What does Stare Decisis mean?

It stands decided or precedent.

What are the advantages of using precedent in law for businesses?

Consistency, removes basis of judges, increased confidence since rule applies to many disputes.

Why did the Davis v. Baugh Industrial Contractors Court overturn its precedent?

Because it was outmoded, incorrect, and harmful.

When may a court ignore precedent?

When the prior precedent conflicts with a constitutional provision.

What is an executive order?

To do something the president has the authority to do.

What distinguishes public law from private law?

Contract law.

What does criminal law do?

Punishes people who commit wrongs against the government or society.

What is judicial immunity?

Anything the judge does from the bench or office.

What case received quasi-judicial immunity as the holding?

The holding of Martin v. Smith.

What is original jurisdiction?

The first place you bring a case (trial courts).

What is the basic system for state court systems?

All states have trial courts, some have intermediate appellate courts, and all have a supreme court.

What is a trial court?

A court of original jurisdiction where disputes are brought and tried.

What does jurisdiction mean?

The authority to hear the case, try the case, and decide it.

What are the two types of jurisdiction a court must have?

Subject-matter and personal jurisdiction.

Where do courts get their subject matter jurisdiction?

From the Constitution or statutes.

What is a Subject-Matter Jurisdiction Statute?

A statute that limits a court to hearing cases above a certain amount in dispute.

What is Diversity-of-citizenship jurisdiction?

A type of subject-matter jurisdiction.

How can a state court assert jurisdiction over an out-of-state defendant?

Through minimum contacts.

What was the holding from Schoenbeck v. Masterlink?

CPM does not have minimum contacts and is not subject to Illinois courts.

What is in rem jurisdiction?

A type of personal jurisdiction that allows courts to resolve disputes over property in their state.

What is exclusive jurisdiction?

Certain things only federal courts can do.

What is concurrent jurisdiction?

Both federal and state can hear an issue.

What does the Erie rule state?

Use state law in diversity cases.

What is the conflict-of-law rule for torts?

Use the law of where the tort took place.

What are the options for responding to a complaint?

Motion to dismiss, answer, and counterclaim.

What happens if the defendant does not respond to the complaint?

Default judgment (plaintiff wins).

What does a motion to dismiss for failure to state a claim mean?

Failed to state a claim where relief can be granted.

What is an affirmative defense?

Facts that show you should win.

What is a compulsory counterclaim?

A counterclaim that comes from the same set of facts.

What is allowed when answering interrogatories?

You can look things up and talk to an attorney.

What was the result of McGill v. BP Exploration?

BP won.

What must be turned over in the production of documents?

Emails, medical bills, business records, and repair bills.

What happens when a party does not comply with discovery requests?

They can be fined or sent to prison.

What can judges do in a trial?

Judges can strongly encourage the parties to settle.

What can attorneys do regarding juror bias?

Attorneys can attempt to challenge any juror they think is biased.

What is a hung jury?

When a jury can't come to a consensus, leading to a mistrial.

What is a motion for a directed verdict?

Ask the judge for a favorable verdict if the other party can't win.

What are compensatory damages?

Compensation for damages.

What was the holding from Clark v. Enchanted Hills Community?

Clark lost.

What is res judicata?

The same lawsuit can't be used again.

What can happen if you don't cooperate with an arbitrator's orders?

You can lose the case.

What was the holding from Epic Systems v. Lewis?

Arbitrations are enforceable.

What does the commerce clause allow?

Congress can regulate interstate business.

What was the holding of Wickard v. Filburn?

A tiny amount still counts.

Why did the Supreme Court find that the restaurant in Katzenbach v. McClung was part of interstate commerce?

Half the food was interstate commerce.

What does the holding of Southern Railway Co. v. Arizona state?

A state cannot have a negative impact on interstate commerce.

Can taxes be used to punish behavior?

Yes, they can be used as punishment.

When may a state tax a business's profits?

When the activity that generates profits is in the state.

What does the First Amendment provide?

Free speech.

What can be regulated under the First Amendment?

Untruthful advertisements.

What violates the First Amendment?

Limiting truthful advertisements for professional services.

What does the Fourth Amendment require?

No unreasonable searches and seizures.

What was the holding of Marshall v. Barlow?

No warrant, no search.

What is the exclusionary rule?

A law that prohibits the use of illegally obtained evidence in a criminal trial.

What does the Fifth Amendment protect against?

Self-incrimination.

What does the takings clause mean?

If the government takes your property, they must properly pay you for it.

What was the holding of Kelo v. City of New London?

City of New London was allowed due to the takings clause.

What was the holding of Nollan v. California Coastal Commission?

California is allowed due to regulatory taking.

What is the standard for a regulatory taking?

Government is allowed to regulate your land and only pay you if the value drops to near zero.

What is required for a state to infringe on a fundamental liberty interest?

Compelling interest and narrowly tailored.

Which suspect classifications get higher protection under the Equal Protection clause?

Race, national origin, familial status, sex.

What limits do Constitutions put on crimes?

They limit what crimes there are and the punishments.

What is the definition of a felony?

A serious crime where you can be in jail for longer than a year.

What is an example of a victimless crime?

A crime where the defendant is the only victim.

Who decides to bring criminal charges?

The prosecutor.

Why can politics influence decisions about which crimes to prosecute?

Prosecutors are elected and deal with people who are elected.

What is the standard required for a conviction?

Beyond a reasonable doubt.

What is the definition of criminal negligence?

A degree of carelessness amounting to a culpable disregard of rights and safety of others.

What is the mens rea for killing someone while drunk driving?

Negligence or recklessness.

What are the three rights of the Miranda Rights?

Right to remain silent, right to counsel, and must be told that statements can be used against them.

What happens to the statute of limitations if the accused flees the country?

It is paused (tolled).

What is an alibi?

When one or more people can say you were somewhere else when the crime occurred.

What happens if the police obtain evidence improperly?

The exclusionary rule applies, and the evidence is dismissed.

What happens if the police mishandle evidence?

The evidence may be excluded.

What are the elements of bankruptcy fraud?

Hiding or lying about assets in bankruptcy proceedings.

What are the elements of bribery?

The offer or taking of money or goods to influence official actions.

What are the elements of money laundering?

Transferring illegally obtained money through legitimate accounts.

What is the RICO Act?

A law designed to attack organized criminal activity.

What was the court's ruling in S. v. Aboshady regarding personal emails?

The government was fine since they only used case relevant emails.

Why were sentencing guidelines created?

For uniformity.