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71 Cards in this Set
- Front
- Back
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3 standards in equal protection |
strict , intermediate and rational |
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strict scrutiny |
classification: race, color, national origin Gov: deprive person of rights EX: voting, marriage, privacy |
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Intermediate scrutiny |
Class: gender, legitimacy Gov: must have important reason |
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Rational Scrutiny |
economic or social welfare only gov objective must have legit reason ex: motorcylce helmet example |
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1st amendment |
speech, religion , privacy |
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Freedom of speech , limited and full , unprotected |
Full: most speech limited: commercial, political, religious Unprotected: obscene , violates criminal law, defamation , fighting words |
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Freedom of Religion |
establishment clause , free excercise clause |
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Establisment clause |
gov cannot promote or pass laws having one religion over another q |
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Free excercise clause |
gov cannot ban any religious practice |
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Title VII of civil rights act does what |
REQUIRES businesses to not discriminate at work |
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Right to privacy |
supreme court decision help constitutional right to privacy is implied by 1,3,4,5,and 9th amendments |
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Dodd-frank act |
created by congress federal statute regulation financing to keep away from recession created CFPB |
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CFPB ? |
Consumer financial protection Bureau and is a administrative agency |
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Executive agency |
leader appointed by pres single person |
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Independent agency |
leader appointed by pres board of several members |
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Agency powers |
Executive , legislative, judicial |
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APA - to make rules |
Notice, comment , final rule |
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Three cases that had to do with arbitration? |
AT&T , National geographic , not sure |
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look up process of formal administative Adjudication pg 133 |
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enabling legistlation |
federal statute to create an agency |
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Administrative produce Act |
fed statute for procedures to follow and court jurisdiction |
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Administrative regulations |
rules created by administrative agencies |
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Enabling Legislation |
desinate agencies function purpose powers |
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Notice and comment Rulemaking |
establish procedures for agencies to follow in creating rules |
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Crime def |
action that violates a statute |
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Felony |
more then year of prison |
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misdemenor |
less than a year in prison |
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Party who brings suit , criminal and civil |
civil- person who suffered harm criminal- that state |
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wrongful act , criminal and civil |
civil- harm to person or property criminal- violating statute |
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burden of proof , criminal and civil |
civil- more likely then not 51% criminal- beyond reason of doubt 90% |
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Verdict , criminal and civil |
civil- 3/4 majority criminal- unanimous |
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Remedy , criminal and civil |
civil- compensate, equitable result criminal- punishment |
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OJ simpson was .... |
Criminal and civil |
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know criminal case State of new jersey V kevin Roper |
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Know civil case tracy morgan V walmart |
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Act + state of crime = |
Crime |
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Take property + intent to deprive = |
larceny |
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forcibly take property + intent to deprive = |
Robbery |
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Break and entering a building + intent to commit felony = |
Burglary |
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stealing a laptop out of a window is |
larceny |
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holding at gunpoint then taking laptop is |
Robbery |
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breaks into house grabs laptop then leaves is |
Burglary |
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What is considered a White collar crime |
Bridery, embezzlement |
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Bridery |
offer to give something with intent to influence a private interest , accepting is seperate crime |
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Embezzlement |
entrust with the property of others |
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George v commonwealth of virgina |
dentist took take money from employees and put it in his pockey |
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Organized Crime |
business of providing illegal goods and services |
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RICO |
Raketeer influenced and corrupt organ act |
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Racketering Activity |
commiting 2 or more federal or state crimes, 35 total |
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Defenses |
defense to criminal liabilty removes an element to crime |
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act + state of mind = |
crime , self defense , statute of limitations , insanity |
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take property + intente to deprive |
larceny |
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mistake for larceny |
taking property you thought was yours |
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Miranda Rule |
must tell right must remain silent right to a layer anything u say and do may be brought to court |
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Phishing |
trying to steal financial data and passwords by possing as business |
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Employment Fraud |
claims to be apart of well known company and send email to get personal info |
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computer fraud and abuse act |
criminal- up to 20 years civil- damages , injunction |
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Interntional Law |
body of law, formed from international customs, treaties, and organization that governs relations |
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4 dimensions of international business |
political , economic, cultural, legal |
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Sovereign Immunity |
us courts do no have jurisdiction over foreign nations |
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expropriation |
taking private property |
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VI Article contains? |
Supremacy clause |
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Supremacy clause |
valid federal laws are always supreme to any conflicting state law |
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preemption |
a doctrine, under which federal laws preempt or take procedure over state and local law |
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Commerce Clause |
gives congress power to regulate commerce among several state |
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Interstate commerce = |
Federal |
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Intrastate commerce = |
state |
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Privileges and immunities clause |
one state cannot discriminate against other state citizens favoring there own. Charging more for out of state college |
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Full faith and credit clause |
contracts, records, deeds, apply in every state not just where it happened |
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Due process |
gov must give proper notice and opportunity to be heard |
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Equal protection clause |
cannot enact laws that deny equal protection to the law to citizens , gov cannot discriminate, 3 standards or review |
