American Legal Heritage and Constitutional Law

Question 1

1st Amendment

Answer 1

Freedom of speech, press, religion, and assembly.

Question 2

2nd Amendment

Answer 2

The right to bear arms.

Question 3

4th Amendment

Answer 3

Freedom from unreasonable searches and seizures.

Question 4

5th Amendment

Answer 4

Freedom from compulsory self-incrimination.

Question 5

6th Amendment

Answer 5

Right to confront witnesses: right to assistance of legal counsel.

Question 6

8th Amendment

Answer 6

Bail and fines cannot be excessive.

Outlaws “cruel and unusual punishment”

Question 7

14th Amendment

Answer 7

Guarantees of the Bill of Rights must be applied at the state as well as the federal level.

“Equal protection under the law” - the Equal Protection Clause

Question 8

Wrongs against society that are punishable by governmental action

Answer 8

Criminal law

Question 9

Actions between private parties for “private” wrongs

Answer 9

Civil law

Question 10

“By a preponderance of the evidence”

Answer 10

Civil burden of proof

Question 11

“Beyond a reasonable doubt”

Answer 11

Criminal burden of proof

Question 12

Created the Doctrine of Judicial Review

Answer 12

Marbury v. Madison

The Doctrine holds that “the power to declare statutes or executive actions unconstitutional rests solely with the Judiciary.”

This power is NOT expressly granted to the Judiciary in the Constitution.

Question 13

Federal constitution, treaties, laws, and regulations are SUPREME.

Does NOT apply if states have the exclusive right to make substantive law (e.g. divorce law)

States have broad “police powers,” i.e., states enact laws to protect and promote public health, safety, and welfare

Answer 13

Supremacy Clause

Question 14

Congress granted the exclusive power to regulate interstate commerce

Answer 14

Commerce Clause

Question 15

Statutes and regulations must be clear on their face and cannot be overly broad

Answer 15

Substantive due process

-The “substance” of a statute or regulation

Question 16

A person must be given notice and an opportunity to be heard before he can lose his liberty or his property

Answer 16

Procedural due process

-The procedure that needs to be followed

Question 17

Government cannot enact laws that treat similarly situated persons differently

Answer 17

Equal Protection Clause

Question 18

Law created by the courts

Answer 18

Case law

Question 19

Principle that says the U.S. system of case law has to function in a way that makes sense/effectively - adherence to precedent

Answer 19

Stare decisis

Question 20

Written law enacted by Congress or a state legislature

Answer 20

Statute

Question 21

Written law set forth by a state or federal agency

Answer 21

Regulation

Question 22

Law that creates and defines duties, rights, and obligations of individuals and the state

Answer 22

Substantive law - “substance”

Question 23

Law that sets up the rules by which substantive law is enforced

Answer 23

Procedural law - “process/procedure”

Question 24

Creates the Legislative Branch of the government, with the power to make the law

Answer 24

Article 1 of the U.S. Constitution

Question 25

Creates the Executive Branch of the government, with the power to enforce the law

Answer 25

Article 2 of the U.S. Constitution

Question 26

Creates the Judicial Branch of the government, with the power to interpret the law

Answer 26

Article 3 of the U.S. Constitution

Question 27

A previously decided case that is used as authority to decide a later case

Answer 27

Precedent

Question 28

Process by which statutes are arranged by topic

Answer 28

Codified law

Question 29

Four sources of law

Answer 29

Constitutions, statutes, regulations, and cases

Question 30

Fundamental law of a country or state

Answer 30

Constitution

Question 31

Party with the burden of proof in a civil action

Answer 31

Plaintiff

Question 32

Party with the burden of proof in a criminal action

Answer 32

Prosecution