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21 Cards in this Set

  • Front
  • Back
What are the two types of remidies?
Compensatory (Legal Remidy)
to make that person whole, to put person back to where they were before contract/action occurred
Punitive (Legal Remidy)
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
Legal Remidy
money; gets judgment; judicial declaration of rights
Equitable Remidy
Court orders for specific acts or actions; Example: somebody sues somebody else to either do something or stop doing something; (dog barking)
Fiduciary Duty
Doing what is in the best interest of the person/business.
The federal government given specific powers. All other powers are reserved under the states.
Conditions for violation of freedom of speech?
Content (violation)
Time, Place, Manner (no violation)
1st Amendment
Freedom of:
Prior Restraint
Amendment 4th
prohibits the government from conducting unreasonable searches and seizures (probable cause)
5th Amendment
Testimonial Privledge - can't incriminate oneself.

Takings Clause - govt can take private land for public use (unless loss of all viable economic use=taking)
14th Amendment
Due process of law.
Equal Protection
Police Power
Due Process
that which is fair and fair means that which is not arbitrary or capricious
2 types of due process?
Procedural Due Process
A law/ordinance applied fairly and not in an arbitrary or capricious manner. (speeding ticket)
Substantive Due Process
The words of the laws or regulation; are the laws worded and applied in a fair manner. Subject to interpretation
Fundamental Right
those rights that are; Example: Bill of rights, voting, etc.
Non-Fundmental Right
those rights that have economic impact; Example: Progressive Tax
Strict Scrutiny
must exist a compelling reason to perform discriminatory act (on a fundemental right)
Rational Basis Test
must show that there exists a reasonable connection between law in question and the purpose to be served by that law
Police Power
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