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BSAD 3200 > BSAD 3200 Exam 1 > Flashcards

BSAD 3200 Exam 1 Flashcards

1
Q

the preamble to the constitution of the united states

A

sets forth the purposes of the constitution

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2
Q

what is not a purpose of the constitution as as stated in the preamble?

A

foster international goodwill

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3
Q

a united states senator serves for a term of (______) years?

A

six

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4
Q

an en example of the “checks-and-balances” structure of the united states government is?

A

that the senate must by two-thirds vote, ratify a treaty entered into by the president in order fro the treaty to be effective.

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5
Q

the united states supreme court consists of (______) justices

A

9

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6
Q

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?

A

used the “consequentialism” method of ethical decision-making.

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7
Q

the supremacy clause basically provides that

A

when federal law and state law conflict and cannot be reconciled, federal law is supreme to state law.

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8
Q

the basic principle that one state must respect the laws and court decisions of another state is contained in the?

A

full faith and credit clause

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9
Q

what is not a right or freedom set forth in the first amendment?

A

right to a jury trial

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10
Q

the establishment clause prohibits

A

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.

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11
Q

the privileges and immunities clause

A

prohibits states from discriminating against citizens of other states merely because they are citizens of other states

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12
Q

the fundamental purpose of the due process clause of the fourteenth amendment is?

A

to protect citizens from arbitrary and unfair laws and procedures imposed by state government

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13
Q

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)

A

indictment

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14
Q

what is correct regarding a litigating party’s burden of proof?

A

in a civil case, in order to prevail the plaintiff has the burden to show that he is correct by preponderance of the evidence.

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15
Q

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?

A

mediation

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16
Q

laws

A

rules established by government and enforced by government

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17
Q

3 branches of government

A
  • legislative
  • executive
  • judical

no single branch is more powerful than the others.

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18
Q

legislative

A

house of reps - 435 (population of state), 2 year terms, unlimited terms

senate - 100 (2 per state), 6 year terms, unlimited terms

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19
Q

Executive

A
  • 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
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20
Q

Judicial

A
  • Supreme court, district court, federal circuit, courts of appeal.
  • Serves for life
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21
Q

common law

A
  • the evolution of law through court decisions.

- law that originally comes from great Britain but adopted by the courts.

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22
Q

civil law

A

countries that give little or no weight to prior judicial decisions are said to have adopted civil law legal systems.

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23
Q

concequentialism / utilitaryism

A
  • the most good for the most people.

- great for the majority bad for the minority

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24
Q

formalism / “individual rights”

A
  • the golden rule

- selfish, we protect the rights of the minority so far that it puts the majority at risk.

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25
Q

federalism

A

more than one government that can make and enforce laws.

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26
Q

supremacy clause

A
  • states which laws (state or federal) are supreme.

- federal law is supreme unless if the state law is more restricting

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27
Q

full faith in credit

A
  • each state will give full faith to legal contracts from other states.
    ex. states honoring marriage from other states
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28
Q

commerce clause

A

only congress has the power to pass laws and regulations governing interstate commerce.

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29
Q

14th amendment

A
  • if you are born on US soil you are automatically a US citizen
  • state laws cannot undermine federal laws
  • equal protection
  • business and corporations have the right to free speech.
30
Q

prior restraint

A
  • restraining you before you have done anything
31
Q

intelligent design

A

Creationism

32
Q

unprotected speech

A

speech that is obscene, this would include child pornography

33
Q

privileges and immunities clause

A
  • cannot treat non residents differently than residents

- before we can pass a slaw the government has to have a legit public purpose.

34
Q

substitute due law

A

does the government have interest in passing a certain law

35
Q

strict scrutiny

A
  • Race

- unless the law shows a compelling government interest, it will be deemed unconstitutional

36
Q

intermediate scrutiny

A
  • gender

- unless the law shows important government interest it will be deemed unconstitutional.

37
Q

rational basis

A
  • the law must show rational basis for it’s discrimination.
38
Q

criminal law suit

A
  • information or indictment
  • service of process: answer beyond reasonable doubt
  • discovery
39
Q

civil law suit

A
  • petition / complaint
  • service of process: answer beyond reasonable doubt
  • discovery
40
Q

Voir dire

A
  • the first thing that happens when you go to court

- jury selection

41
Q

A.D.R. alternative dispute resloution

A

arbitration, arbitrator decides the case

42
Q

4th amendment

A

protection against searches and seizures

43
Q

5th amendment

A
  • right to a trial by a judge
  • protection against double jeopardy
  • protection from self incrimination.
44
Q

8th amendment

A
  • no excessive bail / fines

- protection against cruel and unnecessary punishment.

45
Q

6th amendment

A
  • right to a public and speedy trial

- right to a lawyer

46
Q

misdemeanor

A
  • the serious crimes
  • punishable up to 1 year in county jail
  • less than $5,000 usually $1,000
47
Q

felony

A
  • more serious crimes
  • greater than 1 year in prison –> up to death
  • very large fines
48
Q

prosecutors

A
  • US attorney

- states attorney

49
Q

Evidence

A
  • oral testimony
  • documents
  • demonstrative evidence
  • direct evidence
  • circumstantial evidence
  • everything needs a witness
  • all evidence must be relevant to the case
50
Q

motion in limine

A

A pretrial motion that makes certain evidence irrelavant

51
Q

exludionary

A

when we want certain evidence not shown

52
Q

tort

A
  • civil wrong

- doing wrong to someone or wrong to someone’s property

53
Q

intentional tort

A
  • fear of immediate offensive contact

- try to do harm

54
Q

unintentional tort

A
  • negligence, you an be sued for doing nothing and lose

-

55
Q

strict liability tort

A

giving the public items that may cause harm without giving warning.

56
Q

3 classes of strict liability for prodcuts

A

1) design defect
2) manufacturing defect
3) inadequate warning

57
Q

real property

A
  • Land, roads, air space above property

- fixtures: things that are permamently attached to property.

58
Q

ways to own real property

A
  • free simple absolute: you own everything
  • free simple defusable: there is some restriction
  • easment
  • lease
59
Q

warren-tee deed

A

grantor makes guarantee of proper title

60
Q

quit claim deed

A

making no promises about ownership

61
Q

concurrent ownership

A
  • both owners have the right to use the whole property
62
Q

tenancy in common

A

undivided interest with NO right to survivorship

63
Q

joint tenancy

A

undivided interest WITH a right of survivorship

64
Q

tenancy by the entire-tees

A

same as joint tenancy but only with husband and wife

65
Q

personal property

A

anything that’s not real property

66
Q

Lost property

A

the owner didn’t intend to leave it “there”

67
Q

mislaid property

A

intended to place it there, but forgot it

68
Q

abandoned property

A

intentionally discarded

69
Q

bailment

A

intentionally give your property to someone else, but you plan on coming back and get it

70
Q

Intangible property rights

A
  • intellectual property rights –> patents
  • trademark
  • copy right –> good for the life of the author + 70 years

BSAD 3200 (2 decks)

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