Shared Flashcard Set

Details

exam 1
n/a
108
Law
Undergraduate 1
02/27/2012

Additional Law Flashcards

 


 

Cards

Term
a system of rules that governs a society
Definition
law
Term
what is the purpose of law?
Definition
regulate the behavior of citizens and corporations
Term
2 functions of law
Definition
1. prohibit antisocial behaviors
2. settle disputes
Term
6 sources of law...
Definition
1. constitutional
2. statutory
3. administrative
4. executive order
5. law of equity
6. common law
Term
law concerning/relating ot the constitution
Definition
constitutional law
Term
what is the supreme source of law?
Definition
the US Constitution
Term
2 functions of the Constitution...
Definition
1. limit powers of government
2. protect rights of individuals
Term
any statute, law or ordinance put into place by a legislative body of elected officials
Definition
statutory law
Term
purpose of statutory law...
Definition
set forth enforceable rules that govern behavior, prohibit antisocial acts, and provide oversight.
Term
statutory law is interpreted by the ____
Definition
judiciary
Term
statutory law is enforced by ____
Definition
executive
Term
Article 6 of supremacy clause says:
Definition
federal statutes ALWAYS trump state statutes
Term
rules, regulations, and decisions of administrative agencies
Definition
administrative law
Term
___ ____ are created by legislative (executive signs into law) and it's purpose is to regulate and supervise specialized areas
Definition
administrative agencies
Term
2 functions of administrative agencies...
Definition
1. rule making
2. conflict adjudication
Term
if you violate an administrative law, you may not seek court intervention until....
Definition
you have exhausted ALL your administrative remedies (such as hearings and appeals)
Term
an order from an executive authority (mayor, president, governor)
Definition
executive action
Term
article ___ is the basis for the President's executive authority to "take care to fairly and efficiently enforce laws"
Definition
Article 2
Term
guantanamo bay is an example of the use of _____
Definition
executive action
Term
abraham lincoln's suspension of Habius Corpus during the civil war is and example of _____
Definition
executive action
Term
"judge made law"
Definition
common law
Term
an accumulation of rulings made by courts in individual disputes
Definition
common law
Term
precedent is set when there are at least ___ votes or better in the Supreme courtq
Definition
5 or better
Term
"let past decisions stand" - bottom line of common law
Definition
stare decisis
Term
right to privacy is ___ law
Definition
COMMON LAW!
Term
__ v ___ set up the right to privacy
Definition
Griswald V Connecticut
Term
___ v ____ established right to privacy
Definition
Roe v Wade
Term
"____" (shaddow) - is a part of law that is understood but is not necessarily spelled out - like the right to privacy
Definition
pnumbra
Term
options of a judge dealing with precedent
Definition
1. apply directly
2. modify it to fit new fact
3. establish a new precedent by distinguishing new from previous case
4. overrule it completely
Term
legal function that allows courts to take action the is "fair and just" ... put to use in cases where money will not fix it
Definition
law of equity
Term
the Treaty Oak is an example of the application of ___
Definition
law of equity
Term
restraining orders and injuntionc are example of the use of ___
Definition
LAW OF EQUITY
Term
___ court systems
Definition
52
Term
52
Definition
total number of court systems
Term
_ federal, _ D.C, _ state, total __
Definition
1 federal, 1 DC, 50 state, total of 52 court systems
Term
how many circuit courts of appeal?
Definition
13
Term
there are 13 ____
Definition
circuit courts of appeal
Term
__ geographic __ federal, total __ circuit courts of appeal
Definition
12 geographic, 1 federal, 13 circuit courts of appeal total
Term
"area of responsibility"
Definition
jurisdiction
Term
_ judges on the panel at intermediate appellate courts
Definition
3 judge panel
Term
"en banc" at intermediate appellate court level means...
Definition
all 9 judges
Term
supreme court gets __ and __ jurisdiction
Definition
original and appellate
Term
how does the supreme court get original jurisdiction?
Definition
when the case is between states or between the US and another country
Term
how does the supreme court get appellate jurisdiction?
Definition
when a writ of certiorari is granted to a case between individuals in the US
Term
3 layers of courts include...
Definition
1.trial
2. intermediate appellate
3. final appellate (supreme court)
Term
AKA court of original jurisdiction; jury employed as a finder of facts
Definition
trial court
Term
reviews sufficiency of evidence, the trial court's utilization of the correct law, and decisiona re based on records
Definition
intermediate appellate courts
Term
only LOOKS at RECORDS.. no new arguments are presented
Definition
Final Appellate Court *(supreme court)
Term
ultimate authority over constitution
Definition
federal court
Term
resolves conflicts concerning federal statutory law
Definition
federal court
Term
allows and provides for diversity
Definition
federal court
Term
handles all cases concerning the federal government
Definition
federal court
Term
handles matters not specifically assigned to the states
Definition
federal court
Term
6 steps to get your case to supreme court
Definition
1. petition certiorari
2. writ of certiorarti (4 justices took interes)
3. put ont eh calendar
4. submit brief by deadline
5. oral hearing to argue your case
6. justices go behind closed doors to deliberate until a majority decision is reached
Term
_ justices need to take interest in your case to get a writ of certiorari
Definition
4
Term
a decision of 4:4 fromt eh supreme court means...
Definition
whatever the previous appellate court said will stand
Term
name the one case we know of that got a 4:4 decision...
Definition
"bong hits for jesus" Morse v Fredericks
Term
if the supreme court decision os 5 votes or higher....
Definition
precedent is established and a new common law is set
Term
if the supreme court votes less than 5 but you still get he majority....
Definition
plurality - only good for your particular case)
Term
procurian opinion is...
Definition
general ruling of the court - not a written majority opinion
Term
___ is the person seeking damages
Definition
plaintiff
Term
___ is the person being sued
Definition
defendant
Term
a legal wrong doing committed by one person against another, normally private parties.. liable, slander, personal injury, and other damage causing acts
Definition
TORT
Term
a dispute of private parties usually for money damages
Definition
civil litigation
Term
when a person is on trial to be punished for criminal acts/anti-social behavior
Definition
criminal litigation
Term
____ the measure fo the evidence required by law for one party to prevail over the other, how much evidence that law requires for dispute
Definition
Burden of Proof
Term
___ has the burden of proof in civil cases.
Definition
plantiff
Term
in civil cases the burden of proof is "the proponderance of the evidence" which means...
Definition
more probably than not
Term
___ has the burden of proof in criminal cases
Definition
prosecutors (government)
Term
in criminal cases, the burden of proof is...
Definition
beyond a reasonable doubt - LIVES are at stake
Term
written order from the court to testify or bring documents to court during discovery
Definition
subpoena
Term
one party asks questions under oath of another party and their witnesses. Each party has the right to attends. This is sworn testimony outside of the court
Definition
deposition
Term
insures you will return to face trial
Definition
bail
Term
(bill if criminal information), formal accusation against you - why you werew arrested an the laws you broke
Definition
indictment
Term
appear in court and it is read to you in person "guilty" or "not guilty"
Definition
arraignment
Term
a restriction on expression before publication/broadcast via injunction, agreement, or discriminatory taxation
Definition
prior restraint
Term
a court order to STOP
Definition
injunction
Term
government can issue an injunction because of ...
Definition
national security reasons, or the expression is an immediate and likely harm to the peace.
Term
a contract in which you agree to prior restraint - like a confidentiality contract with the CIA's employees
Definition
prepublication agreement
Term
when the government gives you permission to perform an activity
Definition
licensing
Term
the "vague and overbroad" tests apply to
Definition
licensing - supreme court hates licensing
Term
licensing is needed for...
Definition
radio, broadcasting, other invasive mediums
Term
when the government attempts to tax expression like what Louisiana gov Huey P Long did to the papers
Definition
discriminatory taxation
Term
hierarchy of protected speech:
Definition
1. political/social
2. commercial, obscene, sexual (not protected
3. fighting words
4. threats
Term
requires the government to prove that speech is unprotected by the 1st amendment rather than requirin ghte media to prove that is IS protected
Definition
1st amendment due process
Term
gov must always provide notice to public and allow public comment when speech might be restricted
Definition
1st amendment due process
Term
right to a rapid appeal
Definition
1st amendment due process
Term
the ____ test evaluates gov's regulation of substance of political or social speech
Definition
strict scrutiny
Term
strict scrutiny tes ensures the regulations are justified by
Definition
compelling gov interest
Term
strict scrutiny test says that regualtion of speech must be
Definition
narrowly drawn to impose minimum abridgement on expression
Term
doesn't regulate a WHOLE category of subject matter, favors or disfavors a point WITHIN a categoryq
Definition
viewpoint discrimination
Term
a law is vague if...
Definition
it's written so unclear that persons of common intelligence cannot understand it
Term
a law is overbroad if....
Definition
they are clear what they prohibit, they simply prohibit too much
Term
content regulation focuses on:
Definition
the SUBSTANCE of the expression..what is being said is being stopped
Term
content neutral regulation focuses on:
Definition
time place and manner... you can express that, you just can do it here, and this time, or in this way
Term
government owned and managed properties are
Definition
public forums
Term
public forums that are locations where people assembled back int he day like the capital, a park, town square
Definition
traditional public forums
Term
a public forum that is a place set up for people to express themselves, like UH's special student expression area
Definition
dedicated public forum
Term
a forum that the public uses, but is owned by a private party that can grant or limit expression at that place...like an airport where you can't solicit people for money for you cult
Definition
nonpublic forum
Term
public school students...
Definition
can be censored and limited if expression is disruptive to learning environment
Term
private school students...
Definition
can be censored all kinds of ways
Term
university students...
Definition
enjoy the same freedoms as adults
Term
the press has..
Definition
maximum protection
Term
broadcasters are limited by licensing due to
Definition
the scare spectrum in which they operate
Term
broadcasters must operate for the public good because of it's ___ nature
Definition
pervasive and intrusive nature
Term
cable operators have a lot of freedom because...
Definition
their content is INVITED into your home when you purchase the channels
Term
Phone companies aren't regulated much because...
Definition
they are just carriers of the messages that run on their lines, they do not produce the messages
Term
internet is not regulated because it is "__"
Definition
"unique and wholly new medium of world wide human communication"
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