Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
53 Cards in this Set
- Front
- Back
|
What are the reqs for warrentless searches? |
1. Consensual Searches 2. Stop and Frisk Searches supported by reasonable suspicion 3. Border Searches 4. Hot Pursuit 5. Airport and Courthouse Searches |
|
|
Unreasonable Search Test? |
1. Public Necessity (possible harm to the public? 2. Efficacy of the search (Will it find the potential harm?) 3. Degree of intrusion (will it get into another's privacy?) |
|
|
Test for Drug Testings |
1. Accredidation to heavily regulated industries 2. Anywhere where other people's safety is in your hands 3. Public |
|
|
Natural Law |
Life, Liberty, and Property |
|
|
Positive laws |
Ones that we make necessary to regulate an ordered society |
|
|
Private Domain |
Government should not interfere with private domain of individuals unless positive law affirmative proscribes it |
|
|
Federalism |
Idea that there are a lot of different levels in the government. |
|
|
Reprieve |
Suspension of penalties associated with conviction |
|
|
Pardon |
Erases conviction |
|
|
Gerrymandering |
Redraw district lines to make a political advantage |
|
|
Powers of House of Rep |
1. Declare War - Last one was WWII 2. Establish Courts 3. Over-ride Veto of the presidential veto 4. Impeachment |
|
|
Senate |
- 6 year terms - Confirms all Federal Judges - Confirms Presidential Cabinet - Filibuster / Cloture (Senate rules: 60 votes for cloture) - Over-ride presidential Veto - Impeachment trials |
|
|
Powers of Congress |
1. Regulate Commerce 2. Power to Tax |
|
|
Living Constitution/ Judicial Activist |
Justice Breyer |
|
|
Originalist / Strict Constructionist |
Justice Scalia |
|
|
Calling the balls and strikes |
Justice Roberts |
|
|
Precident |
The decision of the appellate court is binding upon lower courts |
|
|
Stare Decisis |
The idea that once a major decision is made, it should not be re-examined unless extraordinary circumstances exists. |
|
|
Bill of rights |
1. Religion, speech, press, assembly, petition 2. GUNS 4. Unreasonable Search and Seizures 5. Due process, double jeopardy, self incrimination, private property 6. Speedy, public trials 8. Cruel and unusual punishment |
|
|
Incorporation doctorines |
when constitutional laws are forced upon the state government |
|
|
Test for Regulation of Industries |
1. Is the conduct protected? 2. Is there a substantial government interest? 3. Does regulation advance that interest? 4. Is the regulation or law overly extensive? |
|
|
Obscenity Test |
1. Average person, contemporary local community standard, work as a whole. 2. Law that defines what is obscenity 3. The work lacks serious literary, artistic, political, or scientific value. |
|
|
Expressive Conduct |
Is there an intent to send a message?
Is it likely to be understood by others?
|
|
|
Eminent domain |
Idea that government can take your property so long as they give you a just conpensation |
|
|
Regulatory takings |
New local rules limits your rights to do what you previously could with your property |
|
|
Undue Burden Test |
State Statute provides undue burden then it is struck down |
|
|
Action in Equity |
Asking someone to do something in a civil court case |
|
|
In Personnam Jurisdiction |
Power over the person - you must be notified that you are sued |
|
|
Rem Jurisdiction |
Court has power in its own boundaries |
|
|
Conncurrent Jurisdiction |
Courts (FED and STATE) has joint power |
|
|
Discovery process |
1. Subpoena - a demand to see or have produced documents, objects, reports, and med charts.
2. Interrorgatory - set of hand written notes which must be answered under oath
3. Deposition - opposing lawyer asks you questions under oath, face-to-face |
|
|
Challenged for Cause |
Dismissing of juror because of bias |
|
|
Peremtory challenge |
Excuse juror for any reason |
|
|
Prima Facie Case |
if all evidence was true, the plaintiff still would not win |
|
|
Garnishment |
Taking money from defendant's paychecks |
|
|
Adversarial System |
Both sides gets to argue with lawyers and the judge gets to decide |
|
|
Truth Seeking System |
Where the judge goes and investigates the evidence and case and then decides |
|
|
Fiduciary relationship |
Absolute Duty of honestly, trust, good faith, and best efforts on behalf of the client
|
|
|
Pro Se |
You represent yourself instead of a lawyer |
|
|
Pro Bono |
Free work for the benefit of the poor |
|
|
Contingency fees |
fwithout this, there is not a chance that there will be a lawyer that will take the case |
|
|
Retainers |
Money client pays to lawyer who holds it in account and only draws out money when he does the work |
|
|
Sole Proprietorship |
You are the business No double taxation Unlimited liabiliity risk |
|
|
Partnerships |
No federal taxes but individual liability |
|
|
General Partnership |
Joint control- shares profits - all partners can be managers |
|
|
Limited partnership |
They basically make no decisions so they are not liable. They just invest |
|
|
Limited Liability Company - LLC |
2 + Person businesses. Taxed like partnerships. Liability limited to investments Every member has ability to bind the company
|
|
|
Limited Liability Partnership - LLP |
Professional services - no double taxation
|
|
|
Franchise |
1. Distributors 2. Chain-Style Manufacturing or processing arrangements |
|
|
Corporations |
1. Artificial person 2. Owned by Stockholders 3. Liabile for actions but shareholders are not liable except for price of shares 4. Board of directors- elected by shareholders 5. Fundemental duty is to make money for shareholders |
|
|
Corporations enjoy |
- equal protection of the law - access to courts - due process of law - freedom against unreasonable searches - freedom of speech |
|
|
Internal Regulations |
On paper: Shareholders Board Company executives ACTUAL is the opposite |
|
|
Clawback |
Allows companies to get the CEO bonus back when it is not deserved |
