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61 Cards in this Set
- Front
- Back
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What is Public Law
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Branch of substantive law which deals with the rights & powers of govenmnt in its political or governing capacity and it's relation to indv. grps
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What does Public Law consist of
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constitutional law, administrative law and criminal law
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what are the bill of rights?
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they are 10 amendments to the U.S Constitution. adopted on dec 15 1791.
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What Powers does the bill of rights restrict?
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it restricts the powers & authority of the Fed gov't & establishes civil & political rights.
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What are the 6 rights
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right to due process, freedom of speech, press, religion, assembly, and petition.
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Which Amendment is applicable to the states?
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The fourteenth Amendment which is the principal guarantees of the Bill of Rights.
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What is Federalism?
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Federalism is the division of governing power between the Federal gov't & the States.
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What is the 'necessary and proper' clause?
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It grants congress the necessary power to enforce by the constitution in the U.S. gov't. It allows
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What is the Supremacy Clause?
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Federal Law is supreme and State law must yield. If a law conflicts then it is considered unconstitutional.
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Which legislation preempt? Federal action or State legislation?
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Federal action
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What is Judicial Review?
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The process of courts examining gov'tal actions to determine whether they conform to the U.S. Contitution.
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What does Judicial Review extends to?
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legislation, acts of the executive branch, decisions of the inferior courts.
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What three branches does the U.S. constitution vests power?
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The legislative branch to give power to make the law, The executive branch to inforce the law and Judicial branch to interpret the law.
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What gov't power are exercised only by Federal gov't?
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the pwer to establish laws regarding to bankruptcy. to establish post offices, to grant patents & copyrights, to coin currency, to wage war and to enter into treaties.
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What concurrent powers can the federal & the state exercise?
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taxation, spending, and the exercise of police power ( regulation of the public health, safety and welfare.
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What does Article 1, section 8 provide?
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That congress shall have power to regulate commerce with foreign nations, and among several states
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What are the two effects of the commerce clause?
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it provides the Federal government with a broad source of power for regulating the economy and it restricts state regulations that obstruct or unduly burden interstate commerce
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In the Commerce clause, what power can congress regulate?
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The channels of interstate commerce, the instrumentalities of interstate commerce. those activities having a substantial relation to interstate commerce.
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What does congress currently regulate?
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federal crimes, consumer warranties, credit transactions, eft, trademarks unfair trade practices, residential real estate transactions, consumer and employee safety, labor relations, civil rights in employment, transactions in securities, and environmental protection
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Who regulates interstate commerce?
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the Supreme court decides the extent of state regulation by what is necessary and important of the state regulation.
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What is the Import-Export clause?
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commerce clause plus the import-export clause limits power of the States to tax. The import export clause provides: no state shall; without consent of the congress, lay any imposts or duties on import-export
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What are the 3 federal gov't limited power to tax?
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1. direct taxes other than income taxes must be appointed among the states 2. all custom duties and excise taxes must be uniform throught the United States 3. no duties may be levied upon exports from any state.
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What is Eminent Domain?
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The gov't power to take private property for public use. It is an inherent powers of gov't in U.S. Constitution.
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What is a "taking Clause" in the fifth amendment to the constitution
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nor shall private property be taken for public use, without just compensation. The 14th Amend allows states to take as well.
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What is the Contract Clause?
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No state shall pass any law imparing the obligation of contract
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What does the first admendment state?
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Congress shall make no law respecting and establishment of religion, or prohibiting the free exercise thereof; or the abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the gov't for a redress of grievances.
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What is commerical speech?
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it is the expression related to the economic interests of the speaker and her audience, such as advertisements for a product or service.
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what is the four part analysis in commercial speech
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is the expression protected by the first admendment,2) the court must determine whether the asserted gov'tal interest is substantional 3) the court must determine if the regulation directly advance the gov'tal interest 4) whether or not the regulation is more extensive than is necessary to serve that interest
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What is defamation?
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is a civil wrong or tort that consists of disgracing or diminishing a person's reputation through the communication of a false statement.
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what is Due Process
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The fifth adm. prohibit the fed and state gov't from depriving any person of life, liberty, or property without due process of law.
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What are the two aspects of Due Process?
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1. substantive law creates, defines and regulates legal rights. 2. Procedural law establishes the rules for enforcing those rights.
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What is substantive due process?
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concerns the compatibility of a law or gov'tl action with fundamental constitutional rights suas as free speech
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What is procedural due process?
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involves review of the decision-making process that enforces substantive laws and results in depriving a person of life, liberty or property.
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What three standards of review does the supreme court use to evaluate equal protection?
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1.) rational relationship test 2.) the strict scrutiny test 3.) the intermediate test.
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What is Criminal Law
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it establishes duties the violation of which is a societal wrong against the whole community.
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What is civil law
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in a civil action, the injured party sues to recover compensation for the damages and injury that he as sustained as a result of the defendant's worngful conduct. With the preponderance of the evidence the injured party could be compensated.
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What does criminal law do?
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it is designed to prevent harm to society by defining criminal conduct and establish punishment for it. must prove guilt beyond a reasonable doubt.
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what is a crime?
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any act or omission forbidden by public law in the interest of protecting society and made punishable by the gov't in a judicial proceeding
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what is the punishment for the crime?
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fines, imprisonment, probation and death.
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What is Actus Reus?
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the nonmental elements of a crime, including the physical act that must be performed, the consequences of the act.
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What is mens rea (or mental fault)?
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refers to the mental element of a crime. most common law and some statutory crimes require subjective fault.
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what are the three possible type of subjective fault?
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Purposely, Knowingly and reckless.
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What is liability without fault?
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without regard to the care that a person exeercises, criminal liability without fault makes it a crime for a person to commit a specfied act or to bring about a cetain result.
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What does liablility without fault include?
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the sale of adulterated food and the sale of alcoholic beverages to a minor. it involves regulatory statures dealing with health and safety and impose only fines for violations.
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What is vicarious liability?
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liability imposed upon one person for the acts of another. Employers are vicariously liable for any authorized criminal act of their employees if the employer directed, participated in or approved the act.
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what are the three things a corporation could be conviced of?
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the legislative purpose of the statute defining the offense is to impose liability on corps and the conduct within the scope of the employee, office or employment. must consists of an omission to disscharge a spec
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What is a white collar crime?
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the justice department defines it as nonviolent crime involving deceit, corruption, or breach of trust. such as embesslement and forgery.
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what other white collar crimes are there?
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commercial bribery, product safety and health crimes, false adv. and anti-trust violations.
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what is computer crime?
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using computers as the instrument of the crime include the distribution of child pornography, money laundering, illegal gambling, copyright infringement, illegal communication of trade secret, and fraud involving credit cards, e-commerce, and securities.
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what is the rico act (racketeer influenced and corrupt organizations act)?
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the commission of two or more predicae acts within a period of ten years. such as murger, kidnapping, arson, extortion, drug dealing, securities fraud, mail fraud, and bribery.
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list some crimes against business
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larceny, embezzlement, false pretenses, robbery, burglary, extortion and bribery, forgery and bad checks.
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What is larceny?
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trespassory, taking and carrying away of personal property of another with the intent to deprive the victim permanently of the goods.
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What is embezzlement?
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the fraudulent conversion of another's property by one who was in lawful possession of it. a conversion is any act that seriously inteferes with the owners rights in the property.
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What is faulse pretenses?
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is the crime of obtaining title to property of another by making materially false representation of an existing fact, with knowledge of their falsity and with the intent to defraud.
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What are crimes that are similar to false pretense?
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mail, wire, and bank fraud as well as securities fraud.
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What is robbery?
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a larceny with additional elements 1) the property is taken directly from the victim. 2) the act is accomplished through either force or the threat of force, which need not be against the person from whom the property is taken.
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What is burglary?
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breaking and entering the dwelling of another at night with the intent to mommit a felony
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What is extortion?
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or blackmail as it is sometimes called, is generally held to be making of threats for the purpose of obtaining money or property.
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What is bribery?
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is the act of offering money or property to a public official to influence the official's decision.
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What is commercial bribery?
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the use of bribery to acquire new business, obtain secret information or processes, or receive kickbacks.
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What is forgery?
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the intentional falsification or false making of a document wit the intent to defraud.
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