Definitions

Question 1

If a president takes no action w/in 10 days of receiving a bill, it becomes a law. Only exception: if Congress adjourns before the 10 day period elapses. What is this called?

Answer 1

Pocket Veto

Question 2

Process of relying on previous case conclusions; courts follow precedents.

Name one of the big cases talked about with this term

Answer 2

Stare Decisis

Camara v. Municipal Court

Question 3

Allows the Supreme Court to determine whether a statute is constitutional

Name the landmark case where courts established this right

Answer 3

Judicial Review

Marbury v. Madison

Question 4

Presidents, governors, etc., can use these to set a precedent (like establishing a National Park), as a quick way to achieve a goal, or as a response to an emergency or budget problems; These precedents can be easily overturned by next holder of office.

Answer 4

Executive Order

Question 5

a way of diluting or changing laws passed by congress rather than vetoing them; gives President authority to “revise, interpret, r disregard legislative measures on national security or constitutional grounds”

Answer 5

Signing Statements

Question 6

Biggest area of law we have; State and Federal APA’s

Answer 6

Administrative Agencies and Admin. Law

Question 7

Name the type of law: fed & state statutes which prohibit wrongs against state or society in general. Ex’s: rape, murder forgery, etc.

Answer 7

Criminal Law

Question 8

The level of proof needed in CRIMINAL cases

Answer 8

Burdern of Proof

Question 9

Name this type of law: body of laws regulating relations b/w indiv’s or b/w individ’s and corporations (ex: domestic relations, bankruptcy, agency law, sales, etc.)

Answer 9

Civil Law

Question 10

What time of presumption is this and is it UNREBUTTABLE or REBUTTABLE?

in most states, children under 7 y.o cannot “commit a crime”

Answer 10

Infancy

Unrebuttable; cannot be counteracted, no matter the circumstances

Question 11

What time of presumption is this and is it UNREBUTTABLE or REBUTTABLE?

Company hires a hauler to properly dispose of hazardous waste but hauler doesn’t have a license, and company claims no knowledge of this.

Answer 11

Innocence

Rebuttable; can be counteracted if proven guilty.

Question 12

“a systematic, documented, periodic & objective review by regulated entities of facility operations and practices related to meeting environmental requirements.”

Answer 12

Environmental Audit

Question 13

under the EPA”s polic on civil penalties, this portion is an amount of money added to the fine that ensures that the violator derives no economic benefit from the violation; ensures employer is economically worse off than if it had obeyed the law.

Answer 13

Gravity Policy

Question 14

Rights that cannot, and never will, be taken away.

Answer 14

Inalienable Rights

Question 15

Authority to govern is divided b/w the state & federal governments; all those not given exclusively to federal or taken from the states is reserved for the states; the “Principle of Federal Supremacy”

Answer 15

Doctrine of Federalism

Question 16

the predominant source of authority for the fed regulations of business and, thus, the source of authority for most environmental legislation

Answer 16

Commerce Clause

Question 17

Name the CLAUSE and the ARTICLE: Provides that the constitution, laws, & treaties of the US constitute the supreme law of the land. Any state or local law that directly conflicts w/ the fed constitution, laws, or treaties is VOID.

Answer 17

Supremacy Clause; Article 6

Question 18

Federal law on books and someone alleges congress goes too far with it

Name the significant case regarding this.

Answer 18

Active Interstate Commerce Clause

US v. Lopez - “Gun-free school zone act”

Question 19

No federal law in an area but state passes a law that is going to benefit its residents @ the expense of others.

Answer 19

Dormant Interstate Commerce Clause

Wickard v. Filburn - Wheat grower not allowed to continue growing extra just for his family; “could destabilize the food supply”

Question 20

protects the right of the indiv’s to be secure in their persons, homes, and their personal property. No unreasonable searches or seizures

Answer 20

4th Amendment - warrant requirement

Question 21

This type of warrant is much easier to get; they are watered down and “easy”

Answer 21

Civil (administrative) warrant

Question 22

this type of warrant is much harder to obtain; must be specific and thorough

Answer 22

Criminal Warrant

Question 23

used to strike down a state law that does not directly conflict w/ a federal law but attempts to regulate an area in which fed legislation is so pervasive that it is evident that congress wanted only fed reg’n in that general area; likely to arise in matters pertaining to interstate commerce

Answer 23

Preemption

Question 24

the provision that no person shall be deprived of his or her right to life, liberty, or property w/o due process of law.

Answer 24

5th and 14th amendment due process clauses

Question 25

a prohibition on the fed gov’t; Fed govt must give due process of law

Answer 25

5th Amendment

Question 26

restrictions on states; state govts must give due process of law

Answer 26

14th Amendment

Question 27

What aspect of law is this?: Has the government taken the right steps? Search warrant, rights informed, etc…

Answer 27

Procedural aspects of law.

Question 28

What aspect of law is this?: Definitions of crimes and violations

Answer 28

Substantive aspects of law

Question 29

Name the amendment: “The powers not delegated to the US by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

What kind of power is this?: states can have say w/ takings clause, health, safety, liquor establishments, zoning laws, etc.

Answer 29

10th Amendment

Police Power