Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Norman Borlaug

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Preamble to the constitution

A

first part of constitution that states principles and purposes of document

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

US spends more litigation than any other country

A

true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Types of Justice

A

Commutative, distributive and legal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Commutative justice

A

the duty of fairness in exchange

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

distributive justice

A

What the community owes its members

ex. help elders, disabled

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Legal justice

A

What we owe the community

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Jurisprudence Schools (list)

A

Historical, Realist, Positivist, Natural Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Historical school

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Natural Law School

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

The care of creation

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

St. Thomas Aquinas Types of Law

A

Eternal, Divine, Natural, Human

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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”.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Boethius’ definition of a person

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
The Federalist No. 51
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
Famous statement from federalist no 51
"if men were angles, no government would be neccesary"
27
US constitution
supreme law of the land
28
The US constitution creates a federal system where power is divided between and sometimes shared, with...
federal, state, and local governments
29
what is a federal system?
It divides the powers of government between the national government and the state governments
30
3 branches of government
Legislative (laws), Executive (enforcer), Judicial (interpreter)
31
Structure of Federal Government, power divided vertically:
1. Federal 2. State 3. People
32
Federal Powers are Shared Between (power divided horizontally):
executive (President), legislative (Congress) and judicial (courts)
33
countervailing power
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
Power is divided as:
-federal powers: delegated -state powers: reserved -Powers reserved to the people: 10th amendment
35
The constitution was adopted by...
the states providing that power is divided by federal, state, and the people
36
Types of Due Process
procedural and substantive
37
What amendments provide for due process and where
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
Procedural
- How a thing is done must be fair - Requires notice and hearing
39
Substantive
- When government affects your rights - The substance of what is done must be fair
40
Equal Protection Tests / 14th amendment (list)
Rational relations (basic), heigtened scrutiny (sex discimination), and strict scrutiny (race)
41
Rational Basis Test
Is the government action rationally related to a legitimate government purpose? ex: hunters wearing orange vest
42
Burden of proof for rational basis test is on the
challenger
43
heightened (intermediate) scrutiny test
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
For the heightened scrutiny test & strict scrutiny test the burden of proof is on the
government
45
strict scrutiny test
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
privileges and immunities
protects citizens of one state when engaging in business, owning property, etc. in a diff state
47
commerce clause
"regulate commerce w/ foreign nations & among states and tribes" provides constitutional basis for broad federal regulatory powers
48
When and why was the commerce clause reinterpreted?
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
Bill of Rights
first 10 amendments of the constitution
50
constitutional rights are considered...
negative rights as they limit the power of gov.
51
privileges and immunities
protects citizens of one state when engaging in business, owning property, etc. in a diff state
52
amendment #1
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
what country has broadest protection of free speech
US
54
amendment #2
right to a regulated militia (military force of citizens) and right to bear arms shall not be infringed
55
Amendment #3
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
Amendment #4 (IV)
right of people to be secure in their houses, papers, and effects against unreasonable searches, no warrants issued w/o probable cause
57
exclusionary law
if property is illegally seized it can't be used in a court of law against you (unique to US)
58
amendment #5
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
Amendment #6 (VI) "confrontation clause"
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
amendment #7
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

Blaw (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions