Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal Business 1 > Ch 6 > Flashcards

Ch 6 Flashcards

0
Q

Which 3 Ammendments influence social policy?

A

13th Am. Abolished slavery
14th am. provides protections of citizens against actions of states
16th am. Authorizes federal income tax

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

What for governmental bodies does the Constitution create?

A

1 Congress
2 Presidency
3 Vice Presidency
4 Supreme Court

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

3 important clauses in the 14th Ammendment: protection to citizens against actions of states

A

1 privileges and immunities

2 due process

3 equal protection

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

First 3 Ammendments of US

A

1 freedom of speech, press, religion and petition

2 right to bear arms

3 conditions for quarters of soldiers

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

Ammendments 4, 5, 6

A

4 right of search and seizure

5 provisions regarding prosecution

6 right to speedy trial, witnesses

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

Ammendments 7, 8, 9

A

7 right to trial by jury

8 excessive bail and cruel punishment

9 rule of construction of the constitution

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

Ammendments 10, 11, 12

A

10 rights of states

11 state sovereign immunity

12 electoral college

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

Ammendments 13 and 14

A

13 abolishment of slavery and involuntary servitude

14 due process and equal protection

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

In the constitution, which 3 concepts are of great significance in creating a strong centralized, federal government?

A

1 separation of powers concept

2 supremacy clause

3 contract clause

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

Separation of Powers

A

Federal level: checks and balances between 3 branches
Of government

Each level of government has separate and distinct role
To play

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

Federalism, what Ammendment relates to federalism, how?

A

Separation of powers between federal, state/local
governments

States have some sovereignty, 10th am. Reserves some
Powers to states and people

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

Supremacy clause: Constitution article 6

A

Constitution is supreme under all laws and federal law

Is supreme over state law or local ordinance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Supremacy clause

A

Courts called upon to decide if state law is invalid because

It conflicts with federal law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Preemption

A

If federal law preempts a subject, then any state law that
Attempts to regulate the same activity is unconstitutional
Under supremacy clause

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

What areas of law does preemption apply to, 2 areas

A

Federal statutes

Rules and regulations of federal administrative agencies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Contract clause in Article 1, Section 10 of Constitution

A

No state shall pass any law impairing Obligation of contracts

This does not apply to federal government

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Bill of Rights

A

First 10 Ammendments

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

The extent of any limitation on basic constitutional guarantee
Depends upon…

A

The nature of the competing public policy

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

Constitutional guarantees exist to protect the…

2 examples

A

Minority from the majority

Ex. Freedom of speech allows expression of unpopular views
Freedom of assembly allows groups with ideologies foreign
To most to meet and express philosophy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Emergencies (such as war or civil strife) allow…

A

Constitutional rights to be narrowly interpreted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Establishment clause (1st Ammendment) and free exercise clause

A

Guarantee freedom of religion through separation of church

And state

21
Q

What does the first Ammendment of not apply to?

A

Action by private companies

22
Q

Freedom of speech includes both?

2 Freedom of speech recognizes that there is no such thing as…

A

Verbal and written communications

2 a false idea

23
Q

Obscenity

A

Unprotected speech

24
Q

3 factors that determine if speech is legally obscene? Example of legally obscene in US

A

1) appeals to prurient interest in sex

2) patently offensive, sexual conduct defined by applicable
State law

3 work lacks literary, artistic, political or scientific value

Ex. Child pornography

25
Q

Federal Communications Commission (FCC)

A

Has power to restrict certain speech

Restricts indecent programming and profane language
between 6 AM and 10 PM on broadcast radio and TV

26
Q

Overbreadth doctrine

A

Legislators have gone too far in seeking to achieve goal

27
Q

Commercial speech

A

Freedom of speech protects speech of corporations

28
Q

Example of limitation of commercial speech

A

Regulation of tobacco advertising

29
Q

Freedom of press

A

Publishing business is only organized private business given
Explicit constitutional protection

1st Ammendment: congress shall make no law abridging
Freedom of press

30
Q

Prior restraints

A

Freedom of press is not absolute

If press publishes that which is illegal or libelous. It has
Liability for doing so

31
Q

Libel

A

Tort theory used for recovery of damages as result of printed
Defamation of character

32
Q

Defamation

A

Printed falsehoods that harm reputation

33
Q

Actual malice

A

Knowledge printed statements are false or circumstances showing reckless disregard for whether True or not

34
Q

Under what circumstances is there a liability for libelous statements without proof of malice with a plaintiff?

A

When the plaintiff isn’t public figure or public official

35
Q

2 important Ammendment provisions for businesses in the 14th Ammendment

A

1 due process clause

2 equal protection clause

36
Q

14th Ammendment: due process of law

A

Government may not act in manner: arbitrary or unreasonable

This does not apply to individuals, corporations from
Acting in unreasonable or arbitrary manner

37
Q

Procedural due process cases

A

Involve whether proper notice has been given or hearing

Has been conducted

38
Q

Incorporation of doctrine: How has the due process clause played a unique role in constitutional development?

A

Made most provisions of Bill of Rights applicable to states

39
Q

Equal protection clause of 14th Ammendment

A

Law should not treat people differently without satisfactory

Reasons

40
Q

3 approaches of equal protection clause

A

1 minimum rationality

2 strict scrutiny

3 quasi strict scrutiny

41
Q

1) Minimum rationality approach

2) permissible state end

A

Rationally connected to permissible or legitimate government
Objective

2 qualifies as legitimate role of government not prohibited by another provision of constitution

42
Q

Strict scrutiny test

A

Classification will be denial of equal protection unless
Classification is necessary to achieve compelling state
purpose

Most stringent level of review

43
Q

When is strict scrutiny test used?

A 
When classification involves either suspect class or 
Fundamental constitutional right
44
Q

Suspect class

A

One that has such disabilities and has been subject to
History of purposeful unequal treatment

Or placed in position of political powerlessness that
Commands extraordinary protection from political process
Of majority

45
Q

Examples of classifications that are clearly suspect?

A

Classifications directed at race, national origin and legitimacy
Of birth are clearly suspect

46
Q

Example of minimum rational basis approach

A

State law restricting advertising on company owned trucks

Is valid because on rational basis it leads to safer roads

47
Q

Strict judicial scrutiny: constitutional rights

A

Right to vote, right to travel, right to appeal

48
Q

Quasi strict scrutiny, definition, range of cases it is used in? Why is it called quasi strict?

A

Substantially related to important government interest

Used in cases that fall between minimum rationality and strict scrutiny approaches

Called quasi strict b/c classifications are only partially suspect
Or rights involved aren’t quite fundamental

49
Q

Ex. Of partially suspect classifications

A

Classifications directed at gender

50
Q

7 issues central to equal protection clause

A

1 apportionment of legislative bodies
2 racial segregation in sale and rental of real estate
3 laws for rights of legitimated and illegitimates
4 make up of juries
5 voting requirements
6 welfare residency requirements
7 rights of aliens

51
Q

7 Examples presumed valid under minimum rationality

A 
1 Height
2 weight
3 age
4 testing
5 school desegregation
6 veteran's preference
7 marriage

Legal Business 1 (25 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions