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42 Cards in this Set

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What happens in case?
-they will give facts
-they make statement of the laws
-then aplly the facts to the law
3 levels of the courts
TRIAL - state and federal
-introduces evidence: each side has right to appeal to intermediate then to the supreme court.
INTERMEDIATE
SUPREME
In order to appeal...
write a brief to the appelate court to discuss the errors you believe happened in the trial.
then you have right to argue orally.
Apellate court...
to see if there are errors in the lower court trial; interpretation of the law; legal precedent- look at prior decisions of the courts
OIL POLLUTION ACT OF 1990 &
FLOTILLA THEORY
owner of vessel in which the oil leak occures is liable --> strict liability.
-in these cases, the barge and tug boat are considered one unit.
COOK V. R.I.
Cook said that she was discriminated against because she was fat. court argued that it was a mutable problem. She won because they focused on her disablility. company should have given a specific test to see if she could do the job
Federalism
If not given to federal (certain number)(enumerated), then reserved for the states (left over)(residual)US congress only has the power of what is written in the constitution.
Supremacy Clause
Federal law prevails if the federal law and state law are in conflict. provides that the US constitution and all laws and treaties or US constitute the supreme law of the land.
Concurrent Jurisdiction
applies to all cases that may be heardn either the fed. or state court system.
preemption
in an area in which Fed. Regulation is persuasive, state regulation cannot change it.
AIR TRAFFIC CONTROL
one state cant say a plane must fly higher over their state, it has been preemted by the fed govt that the planes must fly over all states at the same level
NUCLEAR WASTE
States cant makes a law to not allow nuclear waste because the fed govt would have no where to dump it.
separation of powers
checks and balances - independent but work together
CLINTON V. JONES
jones sued clinton for sexual harrassment. pres is immune from lwsuits and cannot be prosecuted, only removed from office. went all the way to supreme court and clinton said he couldnt go through litigation because he didnt have time and wouold affect his ability to govern. Supreme court decided it wouold not affect abilities but it did
Executive branch
puts laws into use in reality, veto legislative laws, pass laws, appoint fed judiciary
Legislative Branch
Ability to: impeach, make law, override with 2/3 vote. advises and consents to the appointment of fed judiciary.
Judicial Branch
declare something unconstitutional. makes sure laws are folled as they are supposed to.
Filibuster
prevents laws from being passed by tying up senate (a senate rule) can be senate minority
Commerce clause
Fed commerce has the ability to pass laws regarding to interstate commerce. empowers congress to regulate commerce with forgein nations, indian tribes and amoun states.
-where most of congress' power comes from
-empowers congress to regulate commerce with forgein nations (tariffs and treaties) amoung states
-congress can take action of these is an "effect" that will have influence
WICKARD V. FILLBURN
wheat in Iowa, small farmers keeping wheat for themselves will affect nation as whole - interstate commerce
US V. LOPEZ
gun free zone winthin 1000 ft of school; costs of crime, insurance, safety, and moving around country are all the effects of it to congress determined you could not pass law. passed by congress - unconstitutional bu supreme court
MORRISON V. BRZONKALA
violence against women. passed by congress - unconstitutional bu supreme court.
BLACKBERRY
got sued from copying patent and supreme court refused to take case
minority opinion
Congress can determine the effects and not have to go to supreme court
majority opinion
courts need to be able to determine whether or not somthing is constitutional
State police power
states have right to pass state legislature to protect the rights of the citizens (health, safety, welfare)whether it creates an undue burden of the interstate commerce
OREGON WASTE V. POLICE POWER
to dum oregon, citizens pay .85 and non citizens pay 2.25. they tried to justify it by saying that the out of staters didnt have to pay taxes. declared as undue burden of interstate commerce.
N.J. CASE
flow control --> declared as unconstitutional because it prevented waste being sent to landfills in other states more cheaply <-- one of his cases, they put clause in the contract and were paid off.
WINE
Certain states had statutes that prevented shipment of wine into their state from other states. (NY, MI, VA) argue that minors would order wine and have it sent to their home --> really protecting their whole sellers
SPRAY PAINT IN CHICAGO
spray paint coulnt be sold within the city. challenged as undue burden of interstate commerce, statute was upheld. NOT undue burden.
MUDFLAPS
must have specific mudflaps to drive in Carolinas --> undue burden
1st amendment
freedom of speech - cant engage in hate speech, start riot by yelling "fire"
commercial speech
in the interest of corp. not protected to same degree.
NIKE AND SWEATSHOPS
tried to decieve public - cant do that in corp.
LORILLARD TOBACCO V. REILLY
cant advertise tobacco within 1000 ft of school.
FLORIDA
attorneys cant call family of victims to solicit for 30 days after accident. - does not violate 1st amend.
4th amendment
prohibites unreasonable searches and seizures - in some cases a warrant is not needed
KYLLO
thermal imaging used to see heat inside of house. used that as evidence of meth labs - courts found it illegal- must preserve sanctity of home.
5th amendment
right to not incriminate yourself. cant be tried twice at the same time (double jeopardy) right to due process right to trial by jury.
Due process
no body can be deprived of life, liberty, and property without due process of law
takings
if the govt takes private prop for public use it must pay the owner just compensation
14th amendment
applies first 10 amendments to the states