BSAD 3200 Exam 1 Flashcards
the preamble to the constitution of the united states
sets forth the purposes of the constitution
what is not a purpose of the constitution as as stated in the preamble?
foster international goodwill
a united states senator serves for a term of (______) years?
six
an en example of the “checks-and-balances” structure of the united states government is?
that the senate must by two-thirds vote, ratify a treaty entered into by the president in order fro the treaty to be effective.
the united states supreme court consists of (______) justices
9
sharla buys a new dress. she asks her boyfriend carl if the new dress looks good on her. carl winces at the thought of answering the question truthfully because he honestly thinks the dress looks horrible on sharla. carl prefers not to lie, but in this case he lies and tells sharla that the dress looks beautiful on her so that he will not hurt her feelings or maker her upset. carl’s respones to sharla evidences that he?
used the “consequentialism” method of ethical decision-making.
the supremacy clause basically provides that
when federal law and state law conflict and cannot be reconciled, federal law is supreme to state law.
the basic principle that one state must respect the laws and court decisions of another state is contained in the?
full faith and credit clause
what is not a right or freedom set forth in the first amendment?
right to a jury trial
the establishment clause prohibits
the government from passing laws relating to religion that have the effect of advancing or inhibiting religion and that cause excessive government entanglement with religion.
the privileges and immunities clause
prohibits states from discriminating against citizens of other states merely because they are citizens of other states
the fundamental purpose of the due process clause of the fourteenth amendment is?
to protect citizens from arbitrary and unfair laws and procedures imposed by state government
if a grand jury finds that there is sufficient evidence against a person regarding a crime that the person may have committed, the grand jury issues a(n)
indictment
what is correct regarding a litigating party’s burden of proof?
in a civil case, in order to prevail the plaintiff has the burden to show that he is correct by preponderance of the evidence.
when two disputing parties engage an independent third person to help settle the dispute, but the third party does not issue a decision that binds that disputing parties, this process is called?
mediation
laws
rules established by government and enforced by government
3 branches of government
- legislative
- executive
- judical
no single branch is more powerful than the others.
legislative
house of reps - 435 (population of state), 2 year terms, unlimited terms
senate - 100 (2 per state), 6 year terms, unlimited terms
Executive
- President: 4 year terms, 2 terms max, 10 year limit
- vice president
- cabinet: appointed by the president, stays in office as long as the president wants
Judicial
- Supreme court, district court, federal circuit, courts of appeal.
- Serves for life
common law
- the evolution of law through court decisions.
- law that originally comes from great Britain but adopted by the courts.
civil law
countries that give little or no weight to prior judicial decisions are said to have adopted civil law legal systems.
concequentialism / utilitaryism
- the most good for the most people.
- great for the majority bad for the minority
formalism / “individual rights”
- the golden rule
- selfish, we protect the rights of the minority so far that it puts the majority at risk.
