BLAW Test 2

studied byStudied by 0 people
0.0(0)
learn
LearnA personalized and smart learning plan
exam
Practice TestTake a test on your terms and definitions
spaced repetition
Spaced RepetitionScientifically backed study method
heart puzzle
Matching GameHow quick can you match all your cards?
flashcards
FlashcardsStudy terms and definitions

1 / 69

encourage image

There's no tags or description

Looks like no one added any tags here yet for you.

70 Terms

1

A court first looks to which of the following when interpreting a statute?

plain meaning of the statute

New cards
2

A court first looks to which of the following when interpreting a statute?

plain meaning of the statute

New cards
3

What is procedural due process?

government can't take liberty or property without proper process

New cards
4

FOIA allows access to any information held by a federal agency T/F

False

New cards
5

Under equal protection, laws that make classifications based on gender will be upheld if the classification...

substantially relates to an important government objective

New cards
6

There can be more than one cause of a plaintiff's injury T/F

True

New cards
7

Single recovery principle keeps a plaintiff from collecting additional damages after the initial judgement is entered T/F

True

New cards
8

The Constitution grants the Supreme Court its power of judicial review T/F

False

New cards
9

What power does the commerce clause give?

Congress the power to regulate commerce between states

New cards
10

What type of negligence is it when someone exceeds the speed limit and causes an injury?

Negligence per se

New cards
11

Enabling legislation creates agencies and defines their powers T/F

True

New cards
12

When can someone have an agency decision reviewed in federal court?

once they exhaust their administrative appeals

New cards
13

A person can be sued for defamation if he lies during court testimony T/F

False

New cards
14

Which constitution clause requires us to follow federal law over state law?

Supremacy clause

New cards
15

If engages in ultrahazardous activity, defendant is liable for plaintiff's injuries even if he did everything perfectly T/F

True

New cards
16

Agencies cannot perform a warrantless search and seizure of a business T/F

False

New cards
17

A landowner must warn a licensee of what type of danger on the landowner's property?

hidden dangers, if the owner knows about them

New cards
18

How many individuals head an executive federal agency?

1

New cards
19

What are punitive damages designed to accomplish?

punishment of the defendant for extreme conduct

New cards
20

What was the first plan of government in the US?

Articles of confederation

New cards
21

How does Tortious Interference with Contract differ from Tortious Interference with Prospective Advantage?

it requires a contract

New cards
22

Can either originate in the House or Senate, then it gets passed by both of them, and then approved by the President

Process for bill to become law

New cards
23

Judge made law

Common law

New cards
24

an earlier case that decided the issue

Precedent

New cards
25

The decision made in the precedent stands

Stare Decisis

New cards
26

House and the senate make up...

Congress

New cards
27

protects employees and job applicants from employment discrimination based on race, color, religion, sex, or national origin

Title VII of the Civil Rights Act

New cards
28

an approach to legal proceedings that relies on the usual and ordinary meaning of a law's text

Plain meaning rule

New cards
29

1) plain meaning rule 2) legislative history and intent 3) public policy

Steps for statutory Interpretation

New cards
30

How are administrative agencies created?

Through enabling acts, gives the agency some direction to what the agency should do.

New cards
31

public access to all federal agency records except for those records that are protected from disclosure

Freedom of information Act (FOIA)

New cards
32

interpret the broad congressional laws, enact various rules defining and interpreting relevant statutes, enforce those rules, and adjudicate matters according to those regulations

Agency powers

New cards
33

Pros to agencies

New cards
34

Violation of duty imposed by civil law that harms a person or property

tort

New cards
35

What are the 2 types of tort

Intentional tort and Negligent tort

New cards
36

Verbal or written derogatory speech about someone to hurt their image

Defamation of Character

New cards
37

The 4 elements of Defamation of Character

Statement, Falsity, Communicated, Injury

New cards
38

Written defamation of Character

Libel

New cards
39

Verbal defamation of character

Slander

New cards
40

Intentional touching of another person in a way that is harmful or offensive

Battery

New cards
41

An act that makes a person fear an imminent battery

Assault

New cards
42

Defendant intentionally interferes with plaintiff's contract with a third party (Contract, Defendant knows contract, Defendant improperly induces 3rd party, injury)

Tortious Interference with contract

New cards
43

interference with an economic relationship with no contract necessary for a plaintiff to assert the claim

Tortious interference with prospective advantage

New cards
44

Federal stature protecting businesses from unfair claims

Lanham Act

New cards
45

Damages that you get all at once, meaning a lawsuit in the future can not attempt to get more money for the same incident

single recovery principle

New cards
46

When a statute sets a minimum standard of care to protect a certain group of people and someone violates the statute and injures another person within that group

Negligence per se

New cards
47

What are the 3 types of compensatory damages

Medical, Lost Wages and Pain and suffering (all past and future)

New cards
48

Punishing conduct to deter future conduct

Punitive Damages

New cards
49

Failed to act as a reasonable person in the situation

General Standard

New cards
50

1.Defendant had exclusive control over the thing that caused harm
2.Harm would not have occurred without negligence
3.Plaintiff had no role in causing the harm

Res Ipsa Loquitur

New cards
51

duty of due care that a reasonable person would do to foreseeable victims

General Duty

New cards
52

Defendants conduct actually harms plaintiff (can be more than one cause of these for a plaintiffs injury)

Factual Causation

New cards
53

Defendant is liable only for type of harm that is reasonably foreseeable to plaintiffs who are reasonably foreseeable, only 1 of these for plaintiffs injury

Proximate Causation

New cards
54

Order of highest special duty to lowest as a landowner

Invitee (public place), Licensee (social guest), Trespassers

New cards
55

Defendant says that are not liable

Contributory negligence

New cards
56

Plaintiff can still recover from defendant depending on the percentage of negligence

Comparative negligence

New cards
57

2 situations - Ultrahazardous activity and Defective Products

Strict Liability

New cards
58

the government does not have the right to forbid us from saying what we like and writing what we like

Freedom of speech

New cards
59

Political speech, commercial speech are both protected. Obscenity is not.

Levels of protection on speech

New cards
60

asks the question of whether the government's deprivation of a person's life, liberty or property is justified by a sufficient purpose.

Substantive due process

New cards
61

gives Congress broad power to regulate interstate commerce and restricts states from impairing interstate commerce

Commerce clause

New cards
62

the idea that a governmental body may not deny people equal protection of its governing laws

equal protection clause

New cards
63

the highest form of judicial review that courts use to evaluate the constitutionality of laws, regulations or other governmental policies under legal challenge.

strict scrutiny

New cards
64

less rigorous than strict scrutiny, but more rigorous than the rational basis test

intermediate scrutiny

New cards
65

The govenment need only show that the challenged classification is rationally related to serving a legitimate state interest

minimal scrutiny

New cards
66

Nor shall private property be taken for public use, without just compensation

Takings clause

New cards
67

gives the government the power to take your property, even if you don't want to sell.

eminent domain

New cards
68

establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

Supremacy clause

New cards
69

the original constitution of the US, ratified in 1781, which was replaced by the US Constitution in 1789.

Articles of confederation

New cards
70

the ability of the Court to declare a Legislative or Executive act in violation of the Constitution

Supreme court power of judicial review

New cards

Explore top notes

note Note
studied byStudied by 11 people
851 days ago
5.0(1)
note Note
studied byStudied by 208 people
310 days ago
5.0(1)
note Note
studied byStudied by 34 people
96 days ago
5.0(1)
note Note
studied byStudied by 6 people
150 days ago
5.0(1)
note Note
studied byStudied by 1 person
774 days ago
5.0(1)
note Note
studied byStudied by 13 people
973 days ago
4.0(1)
note Note
studied byStudied by 3 people
98 days ago
5.0(1)
note Note
studied byStudied by 23101 people
698 days ago
4.7(77)

Explore top flashcards

flashcards Flashcard (41)
studied byStudied by 1 person
44 days ago
5.0(1)
flashcards Flashcard (81)
studied byStudied by 63 people
675 days ago
5.0(1)
flashcards Flashcard (89)
studied byStudied by 1 person
636 days ago
4.0(1)
flashcards Flashcard (48)
studied byStudied by 8 people
417 days ago
5.0(1)
flashcards Flashcard (49)
studied byStudied by 6 people
838 days ago
5.0(1)
flashcards Flashcard (27)
studied byStudied by 4 people
321 days ago
5.0(1)
flashcards Flashcard (67)
studied byStudied by 19 people
825 days ago
5.0(1)
flashcards Flashcard (39)
studied byStudied by 45 people
106 days ago
5.0(1)
robot