Term
| Arbitrary or Capricious Standard |
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Definition
| Arbitrary and capricious is a legal ruling wherein an appellate court determines that a previous ruling is invalid because it was made on unreasonable grounds or without any proper consideration of circumstances. |
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Term
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Definition
| Congress specifies the agencies’ regulatory mission, organizational structure, procedures, and enforcement powers. |
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Term
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Definition
are a part of the Executive branch, and they usually are placed within the hierarchy of an executive department (Such as the Department of Labor) headed by a cabinet member (Secretary of Labor), but can also have several subparts such as the Wage and Hour Division of the Department of labor. They can often be identified by the terms “departments” or “administrations,” but can also be called by other names such as division.
-Executive Agencies are mostly created by executive orders, but receive most of their power from Congress.
-The head of the agencies are appointed by the Prez, confirmed by Senate, Prez can drop them for ANY reason. |
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Term
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Definition
An Administrative Procedures Act (APA) procedure for establishing rules and regulations in government agencies. The APA requires Formal Rule Making for substantive rules being created and Informal Rule making for procedural rules. Also, the greater the impact a rule has on a specific group of people then the more formal of a process that is required.
-Must first have “Notice of Proposed Rule Making” published in Federal Register at least 30 days prior to hearing.
-The notice must contain time, place, and nature of the proceedings; the legal authority under which the rule making is proposed; and a description of the issues and subjects involved.
-Last step is a formal hearing must be held where testimony and documentation is recorded. (People often take advantage of this by introducing copious amounts of information to delay the ruling.) |
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Term
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Definition
Relates to the constitutional requirement in Article III that limits the jurisdiction of the federal courts to actual “cases and controversies.”
-Unless Congress specifies otherwise, just about any party injured by an agency action can appeal to the federal courts.
-Reason for standing requirement is to assure that the parties challenging the administrative action and that they are aggrieved by such action.
-Courts will not involve themselves in declaratory judgments before someone. |
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Term
| Substational Evidence Test |
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Definition
-When Formal Rule Making is used, a record is made of testimony and documentary evidence so that appellate courts have a record to review. The standard for appeal is the Substational Evidence test. This means that the agency decission must be based on substantial piece of evidence.
-Court of Appeals usually yields to the agency’s judgment in technical or scientific matters if they have met the substantial evidence test. |
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Term
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Definition
- State Laws that call for the reevaluation of laws every 5-10 years.
-Created to take regulations away that have outlived their purpose and are still receiving funds.
-Federal laws have no such stipulation.
-Texas places a death date on administrative agencies, thus the agencies must prove to Texas legislators that the agency is still performing the job it was meant to do so it can be extended/renewed. |
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Term
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Definition
| - require the placement of warning labels on products. Manufacturers are required to test and certify that their products meet the standards. |
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Term
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Definition
-APA required process for making rules in an agency that involve procedural changes or establishment.
- Must first have “Notice of Proposed Rule Making” published in Federal Register at least 30 days prior to hearing.
-The public is encouraged to write in objections or improvements for the rule and the agency can either ignore them or rewrite the rule.
-Final step is that the Final Draft of the regulation must be published in the Federal Register at least 30 days prior to it’s effective date. |
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Term
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Definition
- are created by Congress and given broad powers over regulation in a particular area.
-Usually headed by a board or commission whose members are appoint by the Prez but normally requires Senate confirmation.
-Members are generally appoint for staggered terms and can only be removed with cause.
-The Prez can NOT have removal power over these positions. |
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Term
| Industry Specific Regulations |
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Definition
| - the predominant form of administrative regulation throughout the first half of the 1900’s during the Historical Era and also into the New Deal Era. (Ex. SEC, FCC, Civil Aeronautics Board) |
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Term
| American Textile Manufacturers Institute, Inc. V. Donovan |
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Definition
- The Supreme Court held that the statutory language requiring OSHA to promulgate standards necessary to control health hazards “to the extent feasible” did not mean that OSHA was required to conduct a cost-benefit analysis prior to the imposition of such a regulation.
-Thus, in order to get agencies to perform cost-benefit analysis, Congress must be esplicit in its language. |
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Term
| Federal Crop Insurance Corporation v. Merrill |
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Definition
| - Not knowing about an agency policy is not a valid defense. Farmer plants wheat on wrong field and sells it unknowing of the rules set forth by the Federal Corp Insurance Corporation which had posted the new rules to the Federal Register. |
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Term
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Definition
- Supreme Court case that involved the federal government’s efforts to control the inflationary pressures that accompanied shortages of consumer goods in domestic markets during WWII.
-Congress created the Office of Price Administration to set max rents and commodity prices.
-Prices were set to prices on a specific date along with factors to be considered by the agency when deviating from the set prices.
-The Court determined that the act “conferred no greater reach for administrative determination” than previously acceptable, and upheld the delegation of legislative power. |
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Term
| Dow Chemical Co. v. United States |
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Definition
- The Environmental Protection Agency (EPA) had requested an onsite inspection of Dow’s 2000 acre chemical plant that consisted of several buildings with outdoor manufacturing equipment and piping conduits between the various buildings. The EPA used aerial photography and when Dow found out they said it was unlawful which, the Supreme Court said under the Open Field doctrine they were and Dow could not claim a privacy right from the 4th Amendment.
-However, the 4th amendment does to give companies the right to “unreasonable search and seizures” statutes. |
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Term
| Colonnade Corp. v. United States |
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Definition
| - in closely regulated industries, such as liquor and firearms, a warrant is not required to conduct an administrative search. These industries are subject to close supervision and inspection and do not have the same reasonable expectation of privacy that most individuals or businesses have. |
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Term
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Definition
| Coal mine procedure violations and case that led to a new standard emerging which permited extensive governmental inspection of commercial property, absent warrants. |
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Term
| Schechter Poultry Corp. v. United States |
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Definition
- Involved a challenge to the authority of regulatory boards established pursuant to the National Industrial Recovery Act (NIRA) which was designed to stabilize the falling prices and deter the cut-throat competition that was present in almost all industries during the Great Depression.
-The NIRA made price setting boards for all industries that consisted of industry professionals who set prices for their industry. Violators of the set prices were subject to prosecution and fines.
-The Supreme Court ruled that the law was invalid as an unconstitutional delegation in producing specialized regulations was in doubt. |
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Term
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Definition
| - Supreme Court held that procedural due process in the levying of a penalty does not require a pre-determined hearing in an administrative setting. |
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Term
| Atlas Roofing Company, Inc. V. Occupational Safety and Health Review Commission |
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Definition
| - The Petitioner was fined $600 for having unsafe working conditions, the Supreme Court ruled that the Seventh Amendment’s requirement that jury trial is to be “preserved” in “suits at common law” did not extend to statutory proceedings such as administrative adjudications. |
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Term
| Administrators Procedures Act (APA)- |
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Definition
Created as a response to how agencies had previously tried to set themselves up through trial and error. This act which was passed by Congress became the new “rulebook” for agencies and how they were instructed to make procedures via the informal or formal processes.
-The primary goal of the APA is to allow interested parties the opportunity to be heard when agencies are proposing to adopt rules that will have an impact on their lives. |
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Term
| Freedom of Information Act |
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Definition
- Critics of the administrative process believe the process will tend to produce better results if it is conducted in a manner that allows for monitoring by the general public.
- Created in reaction to a call for reform of governmental agencies.
-Is an amendment to the APA. |
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Term
| Government in the Sunshine Act |
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Definition
requires that agencies headed by two or more people appointed by the Prez hold “every portion of every meeting” in the open and subject to public observation.
- Is an amendment to the APA.
- Created in reaction to a call for reform of governmental agencies. |
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Term
| Regulatory Flexibility Act |
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Definition
| - Whenever a new regulation will have a “substantial impact upon a substantial number of small entities,” the agency must conduct a flexibility analysis. The agency must measure the costs that the rule will impose on small businesses and must consider less burdensome alternatives. |
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Term
| Small Business Regulatory Enforcement Fairness Act |
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Definition
-Permits Congress to review federal regulations for at least 60 days prior to their effective date which gives additional time for opponents to present their arguments.
-It requires agencies to prepare guides written in “plain English” to explain the requirements of the new rules.
-Importantly, the act permits small businesses to recover their legal expenses from the government when an agency imposes fines or penalties that the court considers excessive. |
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Term
| National Industrial Recovery Act (NIRA)- |
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Definition
which was designed to stabilize the falling prices and deter the cut-throat competition that was present in almost all industries during the Great Depression.
-The NIRA made price setting boards for all industries that consisted of industry professionals who set prices for their industry. Violators of the set prices were subject to prosecution and fines |
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Term
| In what ways do administrative agencies function similar to the three branches of government? |
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Definition
They exercise broad authority through the use of powers that were divided among the three branches of the federal government by the Constitution.
- It supplement other 3 branches of gov. by implementation and enforcement of laws, much like the legistrative and exec. create laws and the judiciary enforcement |
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Term
| What factors generally explain the rapid growth of administrative agencies? |
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Definition
| As country shifted toward industrial economy, Congress was forced to delegate responsibility as well the depression and other factors affected the growth of agencies. |
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Term
| What is an Enabling Statute? What types of powers are specified in it? In what way is an enabling statue binding on the behavior of an administrative agency? |
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Definition
-creates agency and gives broad power to the administrative agency
- regulatory mission ,organizational structure, enforcement powers
- If an agency enacts rules or regulations that conflict with Congressional views, Congress has power to alter the statutory lang. to clarify the purposes of the statute |
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Term
| What are some of the examples of the different types of regulatory agencies? |
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Definition
Based on the Industry Regulated
-Industry-Specific
-Economy-wide
Based on Control
-Exec.
-Independent Exec.
-Independent Reg.
-Government Corporations |
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Term
| What are the differences in the formal and informal rule making procedures? |
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Definition
-Formal are required for substantive rules
-Informal for procedural or interpretive rules (regulation)
-Formal is mandated by APA |
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Term
| What is the main job of most regulatory agencies? |
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Definition
| The main job of most agencies is enforcement powers |
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Term
| What are the different types of enforcement tools available in Regulatory Law? |
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Definition
Self report & monitor
Subpoena
physical Inspection |
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Term
| How do you get to be an administrative law judge? |
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Definition
| Be an agency employee, can be replaced or reassigned |
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Term
| What court do you go to for judicial review of the final agency decision? |
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Definition
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Term
| What type of rules do the courts usually give the most intense scope of review coming from the Regulatory Agencies? |
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Definition
| appeals only involve questions of law |
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Term
| What has the ultimate control over Agencies? |
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Definition
| congress, because of the power of the purse |
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Term
| What is the jurisdiction of the Consumer Product Safety Commission? |
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Definition
| (The first direct control over product safety by the fed.) Jurisdiction over anything produced or distributed for “personal use, consumption, or enjoyment, in a household, in school, or in recreation.”. |
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Term
| How does the CPSC get its information? |
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Definition
| The CPSC has made and maintains an Injury Information Clearinghouse to collect and analyze consumer product injury reports. This is supplemented by the National Electronic Injury Surveillance System which is a computerized record compilation system that accumulates consumer product injury data from hospitals. |
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Term
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Definition
Spanish American War meat scandal with troops receiving “embalmed beef” and when “The Jungle” was published about the Chicago meat packing plants. This all gave rise to the FDA that we now know.
-By the Pure Food and Drug Act of 1906 (Wiley Act) which then changed names to the Food, Drug and Insecticide Administration, then its name was changed to the Food and Drug Administration (Still under department of Agriculture), then transferred to the Federal Security Agency, then Department of Health. |
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Term
| What was the zero risk standard of the Delaney Clause? What was it changed to be? |
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Definition
| This standard regarded the food additives being put into food by the manufacturer in order to raise sales. “Added Vitamin D”. The Zero Risk portion specifically referred to carcinagenic additives to food which made it to where any additive in our food had to be of Zero Risk of causing cancer. |
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Term
| What was the Kefauver-Harris Amendment? Status? |
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Definition
| Ensured that drugs had to be approved by the FDA as safe and effective for treating what they claim to treat. |
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Term
| What is the extent of coverage of the FDA? |
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Definition
| Food, Drugs, Medical Devices, Radiation Emitting Products, Vaccines, Blood and Biologics, Animal and Veterinary, Cosmetics, Tobacco Products |
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Term
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Definition
passed to regulate the railroads.
first step in protecting small business and consumer from competitive markets, but ONLY dealt with the railroads. |
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Term
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Definition
| (Trust Buster Act)- outlawed trust in the US and gave the Fed the ability to break them up as they saw fit. Had many holes and was ineffective for most well established trust. |
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Term
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Definition
- made to fill the holes of the Sherman Antitrust Act.
-Directly outlawed Anticompetitive Practices. |
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Term
| Federal Trade Commission Act |
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Definition
| - created the Federal Trade Commission and regulated unfair methods of competition and deceptive acts. |
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Term
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Definition
- a division of the Sherman Act, Section one. In which, violations include price fixing, group boycotts, refusal to deal, and some divisions of markets.
-Theses violations are strong and generally deter companies.
-If the government has adopted the per se rule then all it must do is prove the company violated antitrust law. The company cannot defend it’s actions. |
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Term
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Definition
| - a division of the Sherman Act, Section one. In this category trade is restrained and may lessen competition to some degree, but they may also benefit society and it is up to the courts to decide if the benefits outweigh the cost. |
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Term
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Definition
| - Can enforce criminal penalties for violations of Sherman or Clayton. |
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Term
| What was US v. Socony-Vacuum Oil Co. about? |
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Definition
| Texas and Louisiana oil men decided to fix prices during depression. |
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Term
| What was Arizona v. Maricopa County Medical Society about? |
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Definition
| Hospital foundation only allowed non member doctors to be reimbursed to the what the fee schedule was for member doctor. |
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Term
| What was FTC v. Superior Court Trial about? |
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Definition
| Court appoint lawyers refused to take cases unless rates were raised. Appeals court overturned and ruled this was price fixing. |
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Term
| What was Dr Miles. Medical Co v. John D. Park and Sons Co about? |
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Definition
| Dr. Miles made medication and sold to whole sellers whom he made agree to not sell the medication below a certain price. |
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Term
| What was Leegin Creative Leather products, Inc v. PSKS inc, Kay’s Kloset Shoes- about? |
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Definition
| Case involving Kay’s Kloset Shoes refusing to go by the Retail Price Maintenance set by Leegin. Leegin stopped supply, Kay’s sued saying this was price fixing. The courts agreed and overturned Dr. Miles ruling. Stating that Retail Price Maintenance whould now be judged by the Rule of Reason. |
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Term
| What was FTC v. Indiana Federation of Dentist about? |
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Definition
| Dentist were told not to share info with insurance companies. |
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Term
| What was US v. Suntar Roofing about? |
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Definition
| roofing companies dived the city of Kansas city and thus, violated antitrust law. |
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Term
| What was White Motor Co. v. US about? |
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Definition
| Truck company required it’s dealers to sell trucks only in an exclusive territory because of being a small business and needing to place the dealers in places to compete with larger dealerships and not with themselves. |
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Term
| What was Continental TV v. GTE Sylvania about? |
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Definition
| Continental sued Sylvania for taking them off the retailers list and claim Sylvania was creating a monopoly. Court upheld Sylvania’s decision based on rule of reason. |
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Term
| What was Business Electronic Corp. v. Sharp Electronic Corp. about? |
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Definition
| Made it clear that vertical price fixing issues are dealt with by the Rule of Reason. |
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Term
| What was IBM v. US about? |
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Definition
| IBM tried to sell a card scanner and required their cards be bought in order to use the scanner. Courts found that the technology excuse didn’t apply because anyone could have made those cards |
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Term
| What was Northern Pacific Railway Company v. US about? |
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Definition
| Railroad sold land to people for less then market value on the condition that they use the railroad to ship stuff unless cheaper means of shipping could be found. The Court found that since the RR was a monopoly and would always be the cheapest shipping method that this action was a violation of Sherman, section 1. |
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Term
| What was Datagate Inc. v. Hewlett Packard about? |
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Definition
| the Courts ruled that despite there was only one contract with one company, the contract was big enough to rule that there was an issue with the arrangement. |
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Term
| What was Standard Oil Co. of California v. US about? |
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Definition
| Standard Oil made deals with gas stations to only sell their gas. This combined with other oil companies doing the same allowed for an unreasonable control over the market in the area. |
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Term
| What was Eastern States Retail Lumber Dealers Association v. US about? |
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Definition
| Lumber dealers reported wholesalers names to retails and requested retailers to boycott the wholesalers, thus cause a stop in a vertical relationship. |
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Term
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Definition
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Term
| What was States v. General Dynamics about? |
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Definition
| Dynamic wanted to buy stip mine for coal and was allowed to do so because the acquisition of the company did not affect the market in a bad way |
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Term
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Definition
| - (Parker Doctrine/Parker v. Brown Doctrine) State action exemption from antitrust law as is written into Sherman as long as the state can articulate why the practice is needed and provided that the state closely monitors the practice. (Liquor License, Firearm License) |
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Term
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Definition
| - cards signed by employees that signified interest in unions. (Remember 30%, vote 50%+1 thing) |
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Term
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Definition
| - a group of hopeful people who wish to create a union in the private sector. (Pharmacy people in grocery store). |
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Term
| Collective Bargaining Agreement |
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Definition
| - a labor contract for the employees at a given place of employment. Typically 3 year terms. |
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Term
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Definition
| - when two or more employees take action to aid or protection. |
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Term
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Definition
| - employers must bargain collectively in “good faith” with duly elected employee unions regarding wages, hours and other terms. |
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Term
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Definition
| - procedure whereby employees with complaints during the 3 year term can air their concerns. Steps include >ask supervisor>… If steps don’t resolve issue then arbitration. |
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Term
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Definition
| - Employers must have cause for firing someone. |
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Term
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Definition
| - Having outside person (preist, judge) decide what who is at fault in a issue that was not resolved by Grievance Procedure steps. |
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Term
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Definition
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Term
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Definition
| - term for the three main subjects for collective bargaining. (money, hours, other conditions) |
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Term
| What’s the general difference between “business unionism” and “social unionism”? |
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Definition
-business unionism- a type of trade union that is opposed to class or revolutionary unionism and has the principle that unions should be run like businesses.
-social unionism- attempts to integrate workers, trade unions and the labor movement into broader coalitions for social and economic justice. |
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Term
| If airline pilots at American Airlines go on strike, their actions will be governed by what federal law? |
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Definition
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Term
| Give an example where non-unionized workers will likely be protected in their actions by the NLRB? |
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Definition
| Saftey issues cause two or more non-unionized workers to walk out of the job. |
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Term
| How does section 8( c) of the Taft-Hartley regulate “free speech” in labor representation elections? Or promise of benefits. |
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Definition
| It allows employers/employees to say things against Unions as long as it is not crossing the line i.e threats or reprisal, force |
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Term
| What issues led to the enactment of the Landrum-Griffin Act? |
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Definition
| Corruption of Union leadership with the Mafia. |
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Term
| What are the exceptions to Wagner? |
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Definition
| Excluding government employees and railroad/airline workers, butlers, children from parents, agricultural workers, and contractors. |
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Term
| What rights are employees given under Wagner? |
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Definition
| Can self-organize, form, join or assist labor organizations, to bargain collectively through reps of their own choosing and engage in other concerted activities. |
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Term
| What rights are employers given under Taft-Hartley? |
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Definition
-The amendments expressly excluded supervisors from coverage under the act, and allowed employers to terminate supervisors engaging in union activities or those not supporting the employer's stance.
- The Act revised the Wagner Act's free speech policy to allow employers to deliver anti-union messages in the workplace.[ |
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Term
| What are the remedies under Wagner for unfair labor practices? |
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Definition
| Get old job back, retroactive pay+ interest |
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Term
| What are both names of each of the four major labor laws? |
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Definition
Wagner Act- (National Labor Relations Act) Taft Harley Act (Slave Labor Act, Labor management Relations Act) Parker Labor-Management Reporting and Disclosure Act (Langum-Griffin Act)
Sherman Antitrust Act (Trust Buster Act) |
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Term
| Know the Haymarket Riot, the Pullman Strike, and the Homestead Strike? |
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Definition
Haymarket- It began as a peaceful rally in support of workers striking for an eight-hour day. An unknown person threw a dynamite bomb at police as they acted to disperse the public meeting. The bomb blast and ensuing gunfire resulted in the deaths of seven police officers and at least four civilians; scores of others were wounded.
Pullman Strike- Strike were Pullman cars wouldn’t be load, but the US mail cars were Pullman so the Prez (Grover) broke up the strike with the National Guard.
Homestead Strike- Strike were Pinkertons were hired and bomb thrown into room that killed cops and employers. Union officials sentenced to death despite lack of evidence tying the unions to the bomb. |
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Term
| What are mandatory topics of good faith bargaining? |
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Definition
| Mainly wages, hours and other terms and conditions, but can often be very hard to determine. |
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Term
| What was the Magna Charta of the American Labor movement? Why? |
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Definition
| The Wagner Act because it allowed employees the ability to form unions. |
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Term
| NLRB v. Mackay Radio and Telegraph |
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Definition
| - employers may hire temp or permanent replacement workers during a strike and there is no set window when those workers must be let go upon the ending of the strike. |
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Term
| NLRB v. Washington Aluminum Cr |
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Definition
| .-employees walked off job because company would not heat the building they were in. They were fired and the Courts held that they were wrongfully fired because of the NLRA law that protected non-unionized employee concerted activity (mutual aid). |
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Term
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Definition
| - Labor company shuts down one location, workers at that location in the union complain to NLRB. Courts hold that the company had the right to terminate a non-profitable part of business and thus, are immune to collective bargaining |
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Term
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Definition
| - (Labor Management Reporting and Disclosure Act ) further amends the NLRA, regulating the internal affairs of US labor unions. (Jimmy Hoffa, Teamsters) |
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Term
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Definition
-made yellow dog contracts illegal
-made it more difficult for companies to get injunctions to stop unionized activities. |
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Term
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Definition
| - Like the Wagner act, but for RR/Airline employees and it makes going on strike harder. |
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Term
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Definition
-(Slave Labor Act, Labor management Relations Act) enacted by Republican congress to counter act union power given by the Wagner Act.
-Gave workers the right to refrain from joining unions.
-Gave states the power to enact rights to work laws. |
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Term
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Definition
| - (National Labor Relations Act)-Gives employees the right unionize (excluding government employees and railroad/airline workers, butlers, children from parents, agricultural workers, contractors), encourages participation |
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Term
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Definition
| - pension, fringe benefits, profit sharing and stock purchases. |
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Term
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Definition
| - seniority, workloads, and disciplinary measures |
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Term
| Hart Scott Rodino Antitrust Improvement Act |
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Definition
-
-Requires Pre-Merger notifiction to the FTC and DOJ(only applies to mergers bigger then 70 million)
-Companies must wait 30 days for courts to decide to let merger happened or not |
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Term
| States v. General Dynamics |
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Definition
| Merger-Lack of Power Defense |
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Term
| US v. Soconomy - Vaccum Oil |
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Definition
Horizontal Price Fixing
-Per Se |
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Term
| Arizona v. Maricopa County Medical Society |
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Definition
Horizontal Price Fixing
-Per Se |
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Term
| FTC v. Superior Court Trial |
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Definition
Horizontal Price Fixing
-Per Se |
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Term
| Dr. Miles Medical Co. v. John D. Park and Sons Co. |
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Definition
Vertical Price Fixing
-Per Se |
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Term
| Leegin Creative Leather Products v. PSKS Kays Shoes (What is special about this case?) |
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Definition
Vertical Price Fixing
-Rule of Reason (Courts overruled Dr. Miles Medical case ruling which set the precedent for all Vertical Price Fixing cases to be Per Se.) |
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Term
| FTC. v. Indiana Federation of Dentist |
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Definition
Restraints in Information
-Rule of Reason |
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Term
|
Definition
Horizontal Market Division
-Per Se |
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Term
|
Definition
Vertical Market Division
-Rule of Reason |
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Term
| Continental TV. v. GTE Sylvania |
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Definition
Vertical Market Division
-Rule of Reason |
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Term
| Business Electronic Corporation v. Sharp Electronics Corporation |
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Definition
Vertical Market Division
-Rule of Reason |
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Term
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Definition
|
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Term
| N. Pacific Railways v. US |
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Definition
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Term
|
Definition
|
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Term
| Standard Oil Caliifornia v. US |
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Definition
Exclusive Dealing
-Violation of Section 3 Clayton Act-Non criminal violation |
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Term
| Eastern States Retail Lumber Dealers v. US |
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Definition
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Term
| What does section 2(a)(2) of the NLRA specify? |
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Definition
| it makes it unlawful for an employer "to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it." |
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Term
| How is the NLRB made up and how are members selected? |
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Definition
| -Members are selected by the Prez and confirmed by the Senate. |
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Term
| What does section 8 of the NLRA deal with? |
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Definition
| makes it unlawful or what the law calls an "unfair labor practice" (ULP) for an employer to "interfere with or coerce employees" in the exercise of these rights. |
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Term
| What does Section 8(a)(3) of the NLRA deal with? |
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Definition
| specifically states that employers can not discriminate in hiring or rewarding employees based on their union membership. |
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Term
| What does Section 8(d) of the NLRA states? |
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Definition
| it mandates that good faith bargaining must occur with respect to wages, hours and other conditions of employment. |
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Term
| What is a wildcat strike? |
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Definition
| a strike by union workers without the expressed permission to do so by their respective labor union(s). |
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Term
| What is the 10th amendment also known as and what does it do? |
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Definition
The Reserved Powers Clause
-reserves all powers not granted to the Fed to go to the states. |
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Term
| What amendments from the bill of rights do not apply to the states? What do each of them do? |
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Definition
3rd amendment-quartering of solidiers
5th amendment-grand jury indictment
7th amendment-right to a jury trial |
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Term
| What was the result of the Austin v. Michigan Chamber of Commerce case? |
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Definition
| The Supreme court ruled that the state had a legitimate reason for limiting corporate sponsorship of political candidates and differed all future laws to the state's discretion. |
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Term
| What case allowed for corporations to sponsor political candidates? What amendment rights did it give? What case and act did it overrule? |
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Definition
-Citizens United v. Federal Election Commission
-1st amendment rights for businesses
-Austin v. Michigan Chamber of Commerce
-Bipartisan Campaign Reform Act |
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Term
| How is "property" defined? |
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Definition
Money
Employment
Pension Funds
Licenses |
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Term
| What are the three test under the 14th amendment's equal protection clause? |
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Definition
-Rational Basis Test(used for things like age to drink)
-Substantial Governmental Interest(used when treatment is different based on things like gender)
-Compelling State Interest (used when treatment is different for things like race) |
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Term
| How many trial courts does the federal court system have? How many does Texas have? |
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Definition
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Term
| In Texas, how is a municipal judge made a judge? |
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Definition
| appointed by the city council or like |
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Term
| Does a municipal judge in Texas usually have a law degree? |
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Definition
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Term
| Are most municipal courts a "court of record"? What does this lead to? |
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Definition
| No, leads to a trial "de novo" which means if the case is appealed then the trial will have to happen again. |
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Term
| Are the Justice of the Peace and Municipal courts on the same level? What created the JP courts? |
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Definition
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Term
| What is the ruling body of the counties in Texas? |
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Definition
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Term
| How many justices of the peace are in Texas? |
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Definition
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Term
| What is the term of a JP? Do they have to be an attorney? |
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Definition
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Term
| What are the courts of record in Texas? How are the judges elected for these courts? Term? What is unique about them? |
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Definition
The county court and the county courts at law
-Elections, 4 year terms
-Both trial and appellate courts |
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Term
| Is the District court a court of record? How are judges selected? Term? |
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Definition
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Term
| What specifies how the county court judges are placed? How?Term? |
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Definition
| Texas constitution, elections, 4 years |
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Term
| What has the civil jurisdiction been raised to for County Courts at Law? |
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Definition
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Term
| Do county courts have jurisdiction over family law? |
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Definition
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Term
| What qualifications do County Court at Law judges have to have? |
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Definition
| be 25, have law degree, practiced or served as a judge for the preceding 4 years |
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Term
| What Texas court is ONLY a trial court? |
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Definition
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Term
| How many district courts are in Texas? |
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Definition
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Term
| What qualifications do District Court judges have to have? |
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Definition
-be 25
-been a resident of district for 2 years
-citizen of Texas
-licensed, practicing lawyer or judge for 4 years proceeding |
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Term
| How many courts of appeals are in Texas? |
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Definition
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Term
| How are judges selected for the court of appeals in Texas? Qualifications? |
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Definition
Elections for 6 year staggered terms
-be 35
-have 10 years of experience being lawyer
-no prior judge experience needed |
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Term
| How are judges selected for the court of criminal appeals in Texas? Qualifications? |
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Definition
Elections for 6 year staggered terms
-be 35
-have 10 years of experience being lawyer
-no prior judge experience needed |
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Term
| How many members do both court of appeals courts and district court in Texas have? |
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Definition
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Term
| What was the main point of the Caperton v. Massey Coal Company case about? |
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Definition
| -Judges whom received campaign donations from companies should not rule on a case where that company is a plaintiff or defendant. |
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Term
| What does the Federal Court of Appeals govern over? |
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Definition
International Trade
Government Contracts
Intellectual Property, ect |
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Term
| How many judges usually hear Court of Appeals cases? |
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Definition
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Term
| What did the Justices in the Grutter case specify after their ruling? |
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Definition
| that race conscious admissions policies must be limited in time and should be replaced with neutral policies ASAP |
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Term
| What is the Rule of Four? |
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Definition
| When Supreme Court Justices cast secret votes to determine what case they will take. |
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Term
| How must courts establish federal subject matter jurisdiction though diversity of citizenship? |
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Definition
1. citizens of different states
2. the amount in controversy must be greater than 75k |
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Term
| What is the removal doctrine? |
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Definition
| If someone sues you in your non-native state, you have the right to get the case restated elsewhere. |
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Term
| What is Territorial Jurisdiction? |
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Definition
| When a court has the ability to order someone to show in court. |
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Term
| What is "Personam Jurisdiction"? |
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Definition
| When a court asserts jurisdiction over the parties in a case. |
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Term
| What is "forum non conveniens"? |
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Definition
| When a case should be held in a court that is convenient for all parties. |
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Term
| What is a adversarial system? |
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Definition
| How the US courts operate. Courts will not decide lawsuits unless there is a true case or controversy. |
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Term
| What are affirmative defenses? |
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Definition
| they are legal defenses that must be proven by the defendant. |
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Term
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Definition
| when a defendant files to bring in a third party. |
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Term
| Can Interrogatories be used on third party witnesses? |
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Definition
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Term
| What is the main purpose of a pretrial conference? |
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Definition
| the courts trying to get the parties to either proceed with the case or drop it. |
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Term
| What is a directed verdict? |
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Definition
| the defendant says that the plaintiff has failed to reach the burden of proof and now asked the courts to dismiss the cases. |
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Term
| What is a rebuttal witness called for the defendant side? |
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Definition
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Term
| What is the court's charge? |
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Definition
| to explain the law to the jurors |
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Term
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Definition
| when trying to get your case into the appeals courts, you compile a list of what you think to have been errors in the law interpretations. |
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Term
| What is the difference between a mediator and an arbitrator? |
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Definition
| A mediator does not make any decisions or take sides. An arbitrator does make decisions and those decisions become law unless it can be proven he was biased. |
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Term
| What act governs how the government sees cases in regards to arbitration? What do they do? |
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Definition
The Federal Arbitration Act
-the courts must defer to the prior arbitration of the case |
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