BLaw Exam 1

Federalism

The division of power between the federal and state governments as established by the U.S. Constitution.

Separation of Powers Doctrine

A constitutional principle that divides government authority among three branches: Executive, Legislative, and Judicial.

Preemption Doctrine

The principle that federal law takes precedence over state law when there is a conflict.

Commerce Clause

The section of the Constitution that grants Congress the power to regulate trade and commerce among states, foreign nations, and Native American tribes.

Bill of Rights

The first ten amendments to the U.S. Constitution that ensure individual freedoms such as speech, religion, and due process.

Free Exercise Clause

Part of the First Amendment that protects an individual's right to practice their religion freely without government interference.

Establishment Clause

Part of the First Amendment that prohibits the government from establishing a state religion or showing preference to one religion over another.

Due Process Clause

Legal provision that protects individuals from unfair government practices, found in the Fifth and Fourteenth Amendments.

Strict Scrutiny

A high level of judicial review applied to laws that infringe on fundamental rights or involve suspect classifications. Sex, Religion, country of origin, race etc

Eminent Domain

The government's right to take private property for public use with just compensation under the Takings Clause of the Fifth Amendment.

Privileges and Immunities Doctrine

A legal doctrine that prevents states from discriminating against citizens of other states in fundamental matters.

Litigation

The process of resolving disputes through the court system involving filing a lawsuit, trials, and potential appeals.

Contingency Fee

A fee structure where an attorney takes a percentage of the awarded amount in a case, typically used in personal injury suits.

Pre-Trial Process

The stages leading up to a trial, including complaints, summons, answers, and discovery.

Discovery

The pre-trial procedure in which parties exchange information and evidence relevant to the case.

Alternative Dispute Resolution (ADR)

Methods of resolving disputes outside of court, including arbitration and mediation.

Stare Decisis

The legal principle of following precedents established in previous court decisions.

Origin of American Law

The American legal system primarily derives from English common law traditions.

Case Law

Law that is established through judicial decisions and interpretations in court cases.

Application of Law to Technology

The practice of extending existing laws to new digital contexts, such as applying privacy laws to online data.

Function of Law #1

Keeping the peace: A function of law aimed at maintaining law and order within society to prevent conflicts and disorder.

Function of Law #2

Shaping moral standards: A function of law that influences societal norms and moral values, guiding behavior and expectations.

Function of Law #3

Promoting social justice: A function of law designed to ensure fairness and equality in society, addressing injustices and discrimination.

Function of Law #4

Maintaining the status quo: A function of law that supports existing social structures and power dynamics to provide stability.

Function of Law #5

Facilitating orderly change: A function of law that allows for gradual societal transformation through legal processes.

Function of Law #6

Providing a basis for compromise: A function of law that helps parties reach agreements and resolve disputes through negotiation and mediation.

Function of Law #7

Maximizing individual freedom: A function of law that protects personal liberties and rights, allowing individuals to act freely within legal limits.

Function of Law #8

Protecting individual rights: A function of law focused on safeguarding the rights and freedoms of individuals from infringement by others or the state.

Plessy v. Ferguson

The 1896 Supreme Court case that upheld state-sponsored segregation under the 'separate but equal' doctrine.

Brown v. Board of Education

The 1954 Supreme Court case that declared racial segregation in public schools unconstitutional, effectively overturning Plessy v. Ferguson.

Issue analyzed in Brown v. Board of Education

The Supreme Court analyzed whether racial segregation in public schools violated the Equal Protection Clause of the Fourteenth Amendment.

Impact of Brown overturning Plessy

Brown v. Board overturned Plessy by establishing that separate educational facilities are inherently unequal, thus rejecting the 'separate but equal' doctrine.

Current legal precedent for similar issues today

Brown v. Board of Education would serve as the legal precedent today, as it established that racial segregation is unconstitutional, reversing the precedent set by Plessy v. Ferguson.

State Sovereignty

The concept that each state has the right to govern itself independently and is not obligated to follow the laws or court decisions of other states.

US Constitutions

Supreme law of the US trumps everything

Statutes

Laws passed by legislative bodies at the federal or state level. Keywords: legislation, enacted laws, legislative acts.

Administrative Regulations

Rules set forth by government agencies to implement statutory laws. Keywords: agency rules, regulations, governmental guidelines.

Case Law (Judicial Decisions)

Law established through the outcomes of court cases and judicial interpretations. Keywords: judicial rulings, precedents, court decisions.

Complaint and Summons Step 1

The initial documents filed to initiate a lawsuit, outlining the plaintiff's claims and notifying the defendant of the action.

Answer Step 2

The formal response from the defendant to the plaintiff’s complaint, addressing the allegations made.

(Optional) Counterclaims and Replies Step 3

Additional claims by the defendant against the plaintiff (counterclaims) and the plaintiff's responses to those counterclaims.

Default Judgment

A legal judgment issued by the court when the defendant fails to respond to the complaint, automatically favoring the plaintiff.

Statute of Limitations

A law establishing the maximum time period for filing a lawsuit; if the deadline passes, the case cannot be pursued.

Class Action Lawsuit

Legal action filed by a group of individuals collectively against a defendant, allowing them to sue as a class.

Motion for Judgment on the Pleadings

A formal request for the court to resolve the case based solely on the written pleadings.

Motion for Summary Judgment

A formal request for the court to rule on the case without a trial, on the grounds that there are no genuine disputes regarding material facts.