Doug was a Lawyer core

Question 1

Lochner case

Answer 1

Lockean we own our bodies and our labor and can freely choose to give that to whomever

Question 2

Common law system

Answer 2

uses judicial decisions Stare decisis, doctrine of precedent, judges have professional obligation to adhere to precedent
Uses inductive reasoning, decisions series are applied to a set of facts so then ruling is extrapolated

Question 3

Civil Law system

Answer 3

uses deductive reasoning, identify the rule apply is to the facts and then decide

Question 4

Two types of federal jurisdiction

Answer 4

plaintiff must be able to show federal question jurisdiction(must raise a question of federal law, rule by fed court

Question 5

Cert

Answer 5

Supreme court has discretion to decide which cases it’ll hear

Question 6

Judicial Activism

Answer 6

increasing court’s power in relation to other branches of government

Question 7

Three justifications for judicial review

Answer 7

protecting civil rights and civil liberties, providing a check on the other branches of government, third legitimating government action

Question 8

Slaughterhouse cases

Answer 8

court says equal protection is for black people not about business relationships

Question 9

State action doctrine

Answer 9

court can’t force private individuals to not be prejudiced, emerges out of 1880s court cases testing civil rights 1875

Question 10

1964 civil rights act adjusts to state actor doctrine

Answer 10

say individual actions can be regulated bc it interferes with interstate commerce

Question 11

West Coast Hotel 1937 case

Answer 11

recognition of negotiating imbalance between employees and employers

Question 12

Mendez v. Westminster

Answer 12

before Brown v. Board desegregation