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Blaw > Blaw Exam 1 > Flashcards

Blaw Exam 1 Flashcards

1
Q

Religion

A

religion has historically dealt primarily with ethical issues of distribution; production questions did not really arise until the 19th century

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2
Q

Norman Borlaug

A

created new breed of successful high yield, disease-resistant, semi-dwarf wheat

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3
Q

Preamble to the constitution

A

first part of constitution that states principles and purposes of document

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4
Q

US spends more litigation than any other country

A

true

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5
Q

What are the 6 great ideas of western civilization - Mortimer Adler

A

How we judge the transcendentals: truth, beauty, goodness

How we act: liberty, justice, equality

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6
Q

Types of Justice

A

Commutative, distributive and legal

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7
Q

Commutative justice

A

the duty of fairness in exchange

ex/ buying starbucks is just b/c freewill to buy coffee

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8
Q

distributive justice

A

What the community owes its members

ex. help elders, disabled

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9
Q

Legal justice

A

What we owe the community

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10
Q

Jurisprudence Schools (list)

A

Historical, Realist, Positivist, Natural Law

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11
Q

Historical school

A

the theory that law is produced and shaped by important historical facts/developments. Karl Friedrich von Savigny

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12
Q

Realist school

A

The key to understanding the judicial system is to understand the tremendous amount of discretion that is available to legal actors.
ex. poor ppl have harder time affording lawyer
Oliver Wendle Holmes Jr - holmes says the law is what the law does

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13
Q

Positivist school

A

A type of jurisprudence that views law as simply the command or will of the recognized sovereign authority of the state.
Sacrifice liberty for security –> need to have strong government
Thomas Hobbes (Utilitarian)

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14
Q

Natural Law School

A

Law contains universal moral principles
Aristotle, Thomas Aquinas, & John Locke

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15
Q

St. Thomas - Aquinas’ Definition of Law

A

Law = an ordering of reason, promulgated by the person in charge of a community, for the common good. (Aquinas)

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16
Q

St Thomas Characteristics of Law

A
  1. reasonable
  2. publicly disclosed
  3. be issued from someone w/ authority
  4. must be for common good not self-interest
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17
Q

The care of creation

A

earth is gods gift and all species have a rightful place in it

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18
Q

St. Thomas Aquinas Types of Law

A

Eternal, Divine, Natural, Human

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19
Q

Eternal Law

A

the order in creation that reflects God’s will and purpose; it is eternal because it is always true and never changes.
EVERYTHING has a nature
ex.don’t kill someone without reason

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20
Q

Divine Law

A

for christians this would be the explicit commands of God found in old and new testament
for example: love god and love thy neighbor

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21
Q

Natural Law

A

“involves human participation in God’s eternal law as regards the providential ordering of human life; the use of human reason to reflect on what our common human nature is, and what is required to respect that nature, as found in all human beings”.
ex: rape, torture

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22
Q

Human Law

A

Laws enacted by human political entities. Sometimes called positive or enacted law. Human law should never violate natural law. (can be in conflict tho)

whatever the government says it is.

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23
Q

Aristotle’s definition of human nature

A

– Nature in this context refers to a kind or type of ‘being’ that possesses a given set of powers capable of producing the observed structures and activities.

Humans are rational political and social rational powers would include knowing, thinking, speaking, deliberating, wishing, loving and choosing.

Humans, as rational animals are a separate type or kind having a nature, or end directedness. Aquinas adds the characteristic of human “person”.

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24
Q

Boethius’ definition of a person

A

individual substance of a rational nature (Individual, Substance, Nature, and Rational or Reason)

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25
Q

The Federalist No. 51

A

Written by James Madison; the structure of the Government must furnish the proper checks and balances between the different department

madison argues that seperation of powers and federalism will prevent tyranny

  • independent journal
  • Wed, Feb 6, 1788
26
Q

Famous statement from federalist no 51

A

“if men were angles, no government would be neccesary”

27
Q

US constitution

A

supreme law of the land

28
Q

The US constitution creates a federal system where power is divided between and sometimes shared, with…

A

federal, state, and local governments

29
Q

what is a federal system?

A

It divides the powers of government between the national government and the state governments

30
Q

3 branches of government

A

Legislative (laws), Executive (enforcer), Judicial (interpreter)

31
Q

Structure of Federal Government, power divided vertically:

A
  1. Federal
  2. State
  3. People
32
Q

Federal Powers are Shared Between (power divided horizontally):

A

executive (President), legislative (Congress) and judicial (courts)

33
Q

countervailing power

A

the powers shared between the branches of gov that compete with and counterbalance one another (horizontal powers)
ex: think tug of war over mud

34
Q

Power is divided as:

A

-federal powers: delegated
-state powers: reserved
-Powers reserved to the people: 10th amendment

35
Q

The constitution was adopted by…

A

the states providing that power is divided by federal, state, and the people

36
Q

Types of Due Process

A

procedural and substantive

37
Q

What amendments provide for due process and where

A

5th (not be deprived of life, liberty, or property without due process)
- applies due process to federal government

14th (state cannot deprive individual from life, liberty, and property)
- applies due process to the states

38
Q

Procedural

A
  • How a thing is done must be fair
  • Requires notice and hearing
39
Q

Substantive

A
  • When government affects your rights
  • The substance of what is done must be fair
40
Q

Equal Protection Tests / 14th amendment (list)

A

Rational relations (basic), heigtened scrutiny (sex discimination), and strict scrutiny (race)

41
Q

Rational Basis Test

A

Is the government action rationally related to a legitimate government purpose?

ex: hunters wearing orange vest

42
Q

Burden of proof for rational basis test is on the

A

challenger

43
Q

heightened (intermediate) scrutiny test

A

Is the government action substantially related to an important government purpose? used in sex discrimination cases

ex: firefighters are usually beefy men bc they have to carry heavy things

44
Q

For the heightened scrutiny test & strict scrutiny test the burden of proof is on the

A

government

45
Q

strict scrutiny test

A

Is the government action necessary to achieve a compelling government purpose? used in cases involving race

ex: separate but equal clause approved by supreme court

46
Q

privileges and immunities

A

protects citizens of one state when engaging in business, owning property, etc. in a diff state

47
Q

commerce clause

A

“regulate commerce w/ foreign nations & among states and tribes”
provides constitutional basis for broad federal regulatory powers

48
Q

When and why was the commerce clause reinterpreted?

A

The Commerce Clause was reinterpreted during the
Great Depression to shift from a Transactional
Analysis to the Affectation Doctrine providing an increase in federal regulatory authority.

49
Q

Bill of Rights

A

first 10 amendments of the constitution

50
Q

constitutional rights are considered…

A

negative rights as they limit the power of gov.

51
Q

privileges and immunities

A

protects citizens of one state when engaging in business, owning property, etc. in a diff state

52
Q

amendment #1

A

most important fundamental right to liberty
congress can’t establish a religion, we have right to free speech or of the press, free to assemble and petition the gov

53
Q

what country has broadest protection of free speech

A

US

54
Q

amendment #2

A

right to a regulated militia (military force of citizens) and right to bear arms shall not be infringed

55
Q

Amendment #3

A

No Soldier shall, in time of peace be quartered
in any house, without the consent of the Owner,
nor in time of war, but in a manner to be
prescribed by law.

56
Q

Amendment #4 (IV)

A

right of people to be secure in their houses, papers, and effects against unreasonable searches, no warrants issued w/o probable cause

57
Q

exclusionary law

A

if property is illegally seized it can’t be used in a court of law against you (unique to US)

58
Q

amendment #5

A

no person should be tried without a grand jury or tired twice, have to be a witness against themselves, deprived of life, liberty, property, w/o due process of the law, nor shall private property be taken for public use w/o compensation

59
Q

Amendment #6 (VI) “confrontation clause”

A

accused shall enjoy right to speedy and public trial by an impartial jury of the State and district where crime was committed and to have assistance of counsel, & right to confront witness

60
Q

amendment #7

A

Rights to a jury trial in CIVIL CASES, more than $20- people sue over money/property, right to trial, and right to jury, no jury for divorce cases

61
Q
A

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