ON THE TEST QUESTIONS

Democracies

Law reflects how a society chooses to organize

Authoritarian Systems

Law is predominantly deployed as a top-down instrument to maintain existing power structures.

Standard of Proof

Beyond a reasonable doubt

Hertz Corp v. Friend

A corporation’s principle place of business is the state where the corporation’s high-level officers direct, control, and coordinate the corporation’s activities, which is typically its corporate headquarters.

Doe v Smith

Federal pleading standards do not require a plaintiff to plead facts corresponding to every technical element of a statue; it is enough to narrate a grievance simply and directly so the defendant knows the nature of the claim

Discovery Process

The purpose of discovery is to help parties learn the facts, evidence, witnesses, and relevant issues before trial

Reier Broadcasting Co. v. Kramer

The court held that because the underlying personal services contract could not be specifically enforced, it could not indirectly enforce the contract by enjoining the defendant from working for a competitor

 What is Law?

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

John Austin

Legal Positivism

Municipal or country courts hear petty offenses

They handle 80% of all cases.

The Federal Court System

Suits between two or more US states.

The Foundation Of All US law

Federalism defines the shared governance structure between individual states and the federal government

Preventing Tyranny

The Founding Fathers engineered a deliberate system ensuring no single branch becomes ascendant

Striking Down Statutes

Allows court to void federal statutes, state laws, and executive orders violating constitutional provisions.

Strict Constructionists

Judicial Restraint, that is, not add rights or meanings beyond the Constitution’s text

Commerce Clause

Grants Congress the authority to regulate local activities that have a substantial aggregate effect on interstate commerce

14th amendment

MOST IMPORTANT AMENDEMEN BECAUSE IT APPLIES LIBERTIES TO STATE GOV.

Bill of rights

Apply only to government, not private companies or individuals.

Tier 1: Rational Basis (Minimal Judicial Scrutiny)

Economic, employment, and business laws.

Tier 1: Rational Basis (Minimal Judicial Scrutiny)

Valid unless no rational government purpose exits

Tier 2: Strict Scrutiny (Heightened Judicial Scrutiny)

Laws affecting fundamental liberties

Tier 2: Strict Scrutiny (Heightened Judicial Scrutiny)

Must be narrowly tailored to serve a significant government purpose.