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21 Cards in this Set
- Front
- Back
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What are the two types of remidies?
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Legal
Equitable |
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Compensatory (Legal Remidy)
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to make that person whole, to put person back to where they were before contract/action occurred
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Punitive (Legal Remidy)
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not designed to compensate but to punish wrong doings: generally never available unless wrongful act was intentional (intent); not available against government; Larger amount award than compensatory damages; CAN BE AWARDED BOTH
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Legal Remidy
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money; gets judgment; judicial declaration of rights
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Equitable Remidy
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Court orders for specific acts or actions; Example: somebody sues somebody else to either do something or stop doing something; (dog barking)
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Fiduciary Duty
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Doing what is in the best interest of the person/business.
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Federalism
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The federal government given specific powers. All other powers are reserved under the states.
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Conditions for violation of freedom of speech?
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Content (violation)
Time, Place, Manner (no violation) |
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1st Amendment
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Freedom of:
Religon Speech Prior Restraint |
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Amendment 4th
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prohibits the government from conducting unreasonable searches and seizures (probable cause)
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5th Amendment
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Testimonial Privledge - can't incriminate oneself.
Takings Clause - govt can take private land for public use (unless loss of all viable economic use=taking) |
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14th Amendment
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Due process of law.
Equal Protection Police Power |
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Due Process
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that which is fair and fair means that which is not arbitrary or capricious
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2 types of due process?
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Procedural
Substantive |
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Procedural Due Process
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A law/ordinance applied fairly and not in an arbitrary or capricious manner. (speeding ticket)
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Substantive Due Process
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The words of the laws or regulation; are the laws worded and applied in a fair manner. Subject to interpretation
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Fundamental Right
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those rights that are; Example: Bill of rights, voting, etc.
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Non-Fundmental Right
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those rights that have economic impact; Example: Progressive Tax
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Strict Scrutiny
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must exist a compelling reason to perform discriminatory act (on a fundemental right)
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Rational Basis Test
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must show that there exists a reasonable connection between law in question and the purpose to be served by that law
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Police Power
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The inherent reserved power of the state to subject individual rights to reasonable regulation for the purpose of protecting the general welfare such as health, safety, morals etc.
Private rights of property and contract must yield to lawful exercise of police power This enormous power, however it is limited to Due Process |
