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A court first looks to which of the following when interpreting a statute?
plain meaning of the statute
A court first looks to which of the following when interpreting a statute?
plain meaning of the statute
What is procedural due process?
government can't take liberty or property without proper process
FOIA allows access to any information held by a federal agency T/F
False
Under equal protection, laws that make classifications based on gender will be upheld if the classification...
substantially relates to an important government objective
There can be more than one cause of a plaintiff's injury T/F
True
Single recovery principle keeps a plaintiff from collecting additional damages after the initial judgement is entered T/F
True
The Constitution grants the Supreme Court its power of judicial review T/F
False
What power does the commerce clause give?
Congress the power to regulate commerce between states
What type of negligence is it when someone exceeds the speed limit and causes an injury?
Negligence per se
Enabling legislation creates agencies and defines their powers T/F
True
When can someone have an agency decision reviewed in federal court?
once they exhaust their administrative appeals
A person can be sued for defamation if he lies during court testimony T/F
False
Which constitution clause requires us to follow federal law over state law?
Supremacy clause
If engages in ultrahazardous activity, defendant is liable for plaintiff's injuries even if he did everything perfectly T/F
True
Agencies cannot perform a warrantless search and seizure of a business T/F
False
A landowner must warn a licensee of what type of danger on the landowner's property?
hidden dangers, if the owner knows about them
How many individuals head an executive federal agency?
1
What are punitive damages designed to accomplish?
punishment of the defendant for extreme conduct
What was the first plan of government in the US?
Articles of confederation
How does Tortious Interference with Contract differ from Tortious Interference with Prospective Advantage?
it requires a contract
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
Judge made law
Common law
an earlier case that decided the issue
Precedent
The decision made in the precedent stands
Stare Decisis
House and the senate make up...
Congress
protects employees and job applicants from employment discrimination based on race, color, religion, sex, or national origin
Title VII of the Civil Rights Act
an approach to legal proceedings that relies on the usual and ordinary meaning of a law's text
Plain meaning rule
1) plain meaning rule 2) legislative history and intent 3) public policy
Steps for statutory Interpretation
How are administrative agencies created?
Through enabling acts, gives the agency some direction to what the agency should do.
public access to all federal agency records except for those records that are protected from disclosure
Freedom of information Act (FOIA)
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
Pros to agencies
Violation of duty imposed by civil law that harms a person or property
tort
What are the 2 types of tort
Intentional tort and Negligent tort
Verbal or written derogatory speech about someone to hurt their image
Defamation of Character
The 4 elements of Defamation of Character
Statement, Falsity, Communicated, Injury
Written defamation of Character
Libel
Verbal defamation of character
Slander
Intentional touching of another person in a way that is harmful or offensive
Battery
An act that makes a person fear an imminent battery
Assault
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
interference with an economic relationship with no contract necessary for a plaintiff to assert the claim
Tortious interference with prospective advantage
Federal stature protecting businesses from unfair claims
Lanham Act
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
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
What are the 3 types of compensatory damages
Medical, Lost Wages and Pain and suffering (all past and future)
Punishing conduct to deter future conduct
Punitive Damages
Failed to act as a reasonable person in the situation
General Standard
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
duty of due care that a reasonable person would do to foreseeable victims
General Duty
Defendants conduct actually harms plaintiff (can be more than one cause of these for a plaintiffs injury)
Factual Causation
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
Order of highest special duty to lowest as a landowner
Invitee (public place), Licensee (social guest), Trespassers
Defendant says that are not liable
Contributory negligence
Plaintiff can still recover from defendant depending on the percentage of negligence
Comparative negligence
2 situations - Ultrahazardous activity and Defective Products
Strict Liability
the government does not have the right to forbid us from saying what we like and writing what we like
Freedom of speech
Political speech, commercial speech are both protected. Obscenity is not.
Levels of protection on speech
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
gives Congress broad power to regulate interstate commerce and restricts states from impairing interstate commerce
Commerce clause
the idea that a governmental body may not deny people equal protection of its governing laws
equal protection clause
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
less rigorous than strict scrutiny, but more rigorous than the rational basis test
intermediate scrutiny
The govenment need only show that the challenged classification is rationally related to serving a legitimate state interest
minimal scrutiny
Nor shall private property be taken for public use, without just compensation
Takings clause
gives the government the power to take your property, even if you don't want to sell.
eminent domain
establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.
Supremacy clause
the original constitution of the US, ratified in 1781, which was replaced by the US Constitution in 1789.
Articles of confederation
the ability of the Court to declare a Legislative or Executive act in violation of the Constitution
Supreme court power of judicial review