Exam 1 Flashcards
(146 cards)
1
Q
A critical thinker must first be a ____?
A
Good listener
2
Q
The ability to understand, analyze and evaluate an argument is known as ____?
A
Critical thinking
3
Q
In critical thinking it is common to compare and contrast a concept to another concept. This is known as using an ____?
A
Analogy
4
Q
The quality of reasoning is the primary focus of all types of critical thinking. T/F
A
True
5
Q
When you read a court case, you should be able to clearly distinguish the issue, reasoning, and conclusion sections. T/F
A
False
6
Q
All relevant and irrelevant facts should be included in a court case. T/F
A
False
7
Q
Critical thinking attributes center around:
a) Demonstrating how sophisticated the listener is
b) Skills of listening and evaluating the reasoning that supports a conclusion
c) The quality of the conclusion
d) The school of thought of the speaker
e) All of the above
A
b) Skills of listening and evaluating the reasoning that supports a conclusion
8
Q
Legal reasoning is performed through several steps which include:
a) Listing or summarizing the relevant facts
b) Spotting the issue(s)
c) Applying the relevant law to the facts
d) Analyze the reasons to the legal conclusion
e) All of the above
A
e) all of the aboe
9
Q
The American legal system:
a) originated in the US
b) is based on rules of law in the form of statutes interpreted by the Congress and provided to judges for guidance
c) is based on the English legal system and court decisions, which were adopted as foundational precedent
d) includes statutes and ordinances interpreted by the collaboration of lawyers and judges
e) does not permit any changes to set legal precedent unless it is approved by all judges
A
c) is based on the English legal system and court decisions, which were adopted as foundational precedent
10
Q
Identifying and clarifying ambiguous words or sentences is important because:
a) it will help us understand a reasoning
b) it will help us accept or reject a conclusion based on a particular reasoning
c) we need to know the common thesaurus usage of these words or sentences
d) ambiguity is the basis for flexibility in the law
e) a and b only
A
e) a and b
11
Q
A legal issue can best be defined as:
a) a set of facts by which the lawyers and their clients assist the judge in reaching a decision
b) a set of ethics and laws based on fairness and justice
c) the judge’s reasoning of the final decision in a case
d) the lawyers’ arguments on their clients’ behalf
e) the main reason why the case is in court
A
e) the main reason why the case is in court
12
Q
When reading a judge’s decision, you should expect to find the ethical norms and societal policies that shaped their decision. T/F
A
true
13
Q
Jurisprudence can best be defined as:
a) the collective set of judges’ opinions as adopted by attorneys.
b) the science and philosophy of law
c) a legal reasoning that justifies the conclusion in a court case
d) the legal research performed by legal scholars and philosophers
e) a set of legal or scientific principles adopted by the legal system
A
b) the science and philosophy of law
14
Q
The American legal system includes 3 sources of law. T/F
A
false
15
Q
The Natural Law school of thought
a) is based on the ancient Greek philosopher Plato’s theories
b) is best characterized by the writings of John Locke
c) advocates that a moral person may disobey an unjust law
d) it is the law’s responsibility to prevent the natural consequences of a crime.
e) believes all of the above
A
c) advocates that a moral person may disobey an unjust law
16
Q
Followers of the Legal Positivist School believe that morals are separate from the law. T/F
A
True
17
Q
The legislative branch creates ____ law.
A
Statutory
18
Q
A possible chronological sequence that a bill may undertake to become law is:
a) Subcommittee’s vote, House of Representatives vote, Committee’s vote, President’s vote.
b) President’s vote, senate vote, subcommittee’s vote, committee’s vote
c) Committee’s vote, subcommittee’s vote, senate vote, president’s vote
d) senate’s vote, subcommittee’s vote, committee’s vote, president’s vote
A
a) Subcommittee’s vote, House of Representatives vote, Committee’s vote, President vote
19
Q
The Positivist School of thought advocates that:
a) ethics, morals, and the law are all intertwined and must be considered in legal decisions
b) the judges should display a positive attitude toward all parties appearing in their legal courtrooms
c) the most powerful party will prevail in a trial
d) morality and the law should be kept separate, and morality issues should not influence judges decisions
e) a positive society is a fair society
A
d) morality and the law should be kept separate, and morality issues should not influence judges decisions
20
Q
The US Constitution is the source that creates all of the following branches of government except for:
a) the State and Federal branch
b) the Legislative branch
c) the Executive branch
d) the Judicial branch
A
a) the state and federal branch
21
Q
Which of the following is true about the process of judicial review?
a) It is legal writing and research by scholars for the purpose of deciding whether a case can be decided by federal or state law
b) It determines whether the Congress had the authority to legislate in a particular area.
c) It explains that freedom of speech in the political arena is guaranteed under the Bill of Rights
d) It involves the power of courts to determine whether a statutes is unconstitutional
e) It authorizes judges in all courts to review other judges opinions for errors
A
d) It involves the power of courts to determine whether a statute is unconstitutional
22
Q
Legislative history would be one of the factors considered by a court in the process of interpreting a statute. T/F
A
True
23
Q
Public and Private Law differ in that:
a) public law applies to government cases and private law applies to only businesses
b) public law is created by the Congress and private law is created by the people
c) public law is known to the public and private law is secret law used by special military courts
d) there is no essential legal difference between the 2 types of law
e) Public law refers to the government’s powers and duties, while private law refers to the rights and duties in individual and business dealings
A
e) Public law refers to the government’s powers and duties, while private law refers to the rights and duties in individual and business dealings
24
Q
The process during which attorneys and judges question potential individuals to evaluate whether they can serve as unbiased and objective jurors is called ____.
A
Voir Dire
25
The sworn testimony of a witness before trial is called ___.
Deposition
26
The power of a court to issue a binding ruling in a case is based on both subject matter jurisdiction and in personam jurisdiction. T/F
True
27
All of the following are considered types of pleadings except:
a) answer
b) complaint
c) counterclaim
d) interrogatories
e) none of the above
d) interrogatories
28
Which of the following is NOT a tool of discovery?
a) Jury selection
b) deposition
c) request for production of documents
d) interrogatories
e) mental or physical examinations
a) jury selection
29
The party that files a lawsuit to bring a case or controversy into court is the:
a) Defendant
b) adversary
c) plaintiff
d) the party's attorney
e) the judge in certain special cases
c) plaintiff
30
For the US Supreme Court to agree to hear a case, it must:
a) have agreement by all nine justices
b) issue a stare decisis report
c) issue a habeas corpus statement
d) issue a write certiorari
e) have permission by Congress
d) issue a write certiorari
31
Courts of "general" jurisdiction:
a) accept cases involving witnesses from different states
b) hear both federal and state cases
c) hear cases that involve a variety of cases or controversies
d) appeal to the general public
e) hear specialized cases only
C) hear cases that involve a variety of cases or controversies
32
Which of the following is an intermediate appellate court?
a) Federal District Court for the Western District of Michigan
b) Court of Appeals for the 7th Circuit
c) The US Supreme Court
d) Tax Court
e) The Florida State Supreme Court
b) Court of Appeals for the 7th Circuit
33
Most states require that a corporation appoint an agent authorized to receive service of legal process. T/F
True
34
A motion for a new trial could be granted if:
a) the defendant failed to conduct adequate legal research
b) the attorneys of the parties knew each other before the case
c) the defendant felt that the jury erred in ruling in favor of the plaintiff
d) the plaintiff felt that the jury erred in ruling in favor of the defendant
e) there was not enough evidence to support the jury's verdict
e) there was not enough evidence to support the jury's verdict
35
In determining jurisdiction, a corporation is considered a citizen of:
a) the state where most of its employees reside
b) the state in which it is incorporated
c) the state in which it conducts the majority of its business
d) both b and c
e) both a and c
d) both b and c
36
The power of long-arm statutes stems from:
a) the willingness of defendants to travel from state to state
b) state rules and regulations regarding service of process
c) the power of a court to hear and decide a case
d) the courts power to serve corporations and their management when they suspect fraudulent activity
e) the authority of a court to obtain jurisdiction over an out of state defendant when that defendant has sufficient minimum contacts with a state
e) the authority of a court to obtain jurisdiction over an out of state defendant when that defendant has sufficient minimum contacts with a state
37
Venue is (1) another term for Jurisdiction, and (2) it is appropriate in the county of the plaintiff's residence.
a. (1) Yes, and (2) No.
b. (1) No, and (2) No.
c. (1) Yes, and (2) Yes.
d. (1) Yes, and (2) Yes.
e. (1) No, (2) Yes.
d) (1) Yes, and (2) Yes.
38
Generally, according to the Attorney-Client privilege,
a) an attorney can testify in the case he or she was hired for if he or she believes there is not enough evidence to convince the judge or the jury
b) information provided confidentially to an attorney by a client regarding a legal matter, may not be revealed by the attorney without the client's permission.
c) can be used interchangeably as the work-product doctrine
d) attorney-client confidentially can be struck down by a defendant who needs the confidential information
e) the attorney is privileged in serving his or her client in justice
b) information provided confidentially to an attorney by a client regarding a legal matter, may not be revealed by the attorney without the client's permission
39
Uptown Community College and Peggy Professor arranged to resolve a class assignment dispute in arbitration according to the faculty contract. The arbitrator's decision is called:
a) directed verdict
b) arbitration verdict
c) legal reward
d) precedent
e) award
e) award
40
______ is an informal process where disputants select a neutral third party to help them reconcile their differences.
Mediation
41
All of the following are types of alternative dispute resolution except
a) mediation
b) mini trials
c) arbitration
d) submission agreements
e) private trials
d) submission agreements
42
Larry files a suit against Harry. Before going to trial, the parties with their attorneys meet together to try to resolve their dispute without involving a third party. This is called:
a) negotiation
b) mini trial
c) arbitration
d) negotiation
e) mediation
d) negotiation
43
Jean files a suit against Neil. Before going to trial, the parties and their attorneys meet together to present their dispute to a third party who is not a judge but who renders a legally binding decision. This is called:
a) negotiation
b) mediation
c) mini trial
d) private trial
e) arbitration
e) arbitration
44
Molly files a suit against Naomi. They meet, and each party's attorney argues the party's case before a judge and jury. At the end of the day, the jury presents an advisory verdict, after which the judge meets with the parties to encourage them to settle their dispute. This is called:
a) court-ordered arbitration
b) early neutral case evaluation
c) a mini-trial
d) a summary jury trial
e) private trial
d) a summary jury trial
45
Businesses today might choose alternative dispute resolution methods instead of litigation for all of the following reasons except:
a) to save business cash, which instead can be used for capital investments, growth and return to stockholders
b) to avoid negative publicity and preserve confidentiality
c) to possibly save time by resolving the dispute faster and in more flexible time arrangements
d) to avoid unfairness and bias normally present in litigation
e) to more likely preserve a previously good business relationship
d) to avoid unfairness and bias normally present in litigation
46
Advantages of mini-trials include:
a) Mini-trials are designed to be more efficient than mediation
b) A neutral advisor presides and oversees a mini-trial, but settlement authority is retained by executives of the disputing corporations
c) Mini-trials result in directed verdicts or awards depending on the initial agreement of the corporations
d) Mini-trials usually cost less than arbitration
e) b and d only
e) b and d only
47
Alternative dispute resolution (ADR) rules require that the parties must arbitrate their disputes before attempting to negotiate a settlement. T/F
false
48
An arbitrator's decision is more likely to be a compromise decision than is a decision ruled by a traditional court. T/F
T
49
Liquid Gold, Inc. and EnviroSafe, Inc. are involved in a dispute and have decided to forego traditional litigation methods to avoid adverse publicity, maintain confidentiality, and reduce costs. They decide to hire a referee, who is a retired judge, and they set the trial at a mutually convenient place and time. The disputants chose to:
a) mediate
b) arbitrate
c) take their chances on trusting a private judge
d) hold a private trial
e) hold a mini-trial
d) hold a private trial
50
Some parties prefer ADR because they can then participate in the selection of the persons who will preside over the resolution process. T/F
True
51
The ____ _____ provides that the US Constitution and the laws and treaties of the US are the supreme law of the land and is found in Article IV of the Constitution
Supremacy Clause
52
The ____ ____ of the US Constitution guarantees, among other rights, freedom of speech, the press, and religion
1st amendment
53
Federal Preemption stems out of which constitutional principle?
a) Federalism
b) Political controversy
c) Separation of Powers
d) Supremacy Clause
e) None of the above
d) Supremacy Clause
54
Federal Preemption would usually arise when:
a) the federal government taxes any of the state governments
b) a federal statute regulates commercial activity
c) a state law inhibits or substantially burdens interstate commerce
d) a foreign government attempts to regulate the US federal government
e) a local municipality regulates through zoning ordinances
c) a state law inhibits or substantially burdens interstate commerce
55
Equal protection means that the government must treat similarly situated individuals in a similar manner. T/F
True
56
Because the US Constitution does not specifically list a right to privacy, this right is denied to all people. T/F
False
57
Under the US Constitution, the states retain all powers not specifically delegated to the federal government. Which part of the constitution prescribes this rule?
a) the 1st Amendment
b) the 4th Amendment
c) the 10th Amendment
d) Article III
e) Article IV
c) the 10th Amendment
58
Federal judicial decisions become case law. For judges to render these decisions, they interpret which types of primary sources of law?
a) Law Review articles and scholarly legal writings
b) Administrative regulations
c) Federal statutes
d) all of the above
e) b and c only
e) b and c only
59
The Federal Trade Commission (FTC) and the Internal Revenue Service (IRS) are examples of federal administrative agencies created by:
a) the US constitution
b) the US Department of Labor and Economic Development
c) appropriate legislation by the Congress
d) an executive order by a US President
e) an agreement among all the states
c) appropriate legislation by the Congress
60
The 4th Amendment of the US Constitution protects:
a) the right of businesses to be secure in their headquarters, buildings, and factories against any unreasonable employee strikes
b) the right of individuals to be secure in their persons, homes, and personal effects by prohibiting unreasonable searches and seizures.
c) the right of the citizens of the US to own property
d) the right to privacy in one's home
e) none of the above
b) the right of individuals to be secure in their persons, homes, and personal effects by prohibiting unreasonable searches and seizures
61
Separation of powers is a system of checks and balances that:
a) separates religion from state affairs
b) separates federal from state legislation
c) advocates that the government has an obligation to keep a balance in society
d) separates the functions and powers of the 3 government branches: legislative, executive, judicial
e) depends on how fair and balances the scale of justice is
d) separates the functions and powers of the 3 government branches: legislative, executive, judicial
62
The enabling power of Congress to legislate as the legislative branch of the government is found in:
a) Article I of the US Constitution
b) Article II of the US Constitution
c) Article III of the US Constitution
d) Article IV of the US Constitution
e) The 1st Amendment to the US Constitution
a) Article I of the US Constitution
63
Which of the following would be most likely found by a court as a regulatory taking?
a. Requiring someone to pay one fifth of her property is a violation of a landowner’s procedural due process rights under the Fifth Amendment.
b. A city took an easement on a resident's property, but it provided just compensation for the taking.
c. A new regulation prohibits the defendant from making any improvements on 5 percent of his property.
d. A new regulation prohibits the defendant from ever making any improvements on his property.
e. b and d
e) b and d
64
Substantive due process differs from procedural due process for which of the following reasons?
a. Substantive due process looks at the basic fairness of a law’s content, while procedural due process looks at the basic fairness of a law’s enforcement process.
b. Substantive due process refers to equity and justice for all, while procedural due process refers to the unconstitutional regulatory takings.
c. Substantive due process applies to political speech, while procedural due process applies to freedom of speech.
d. Substantive due process regulates commercial speech, whereas procedural due process regulates the means by which commercial speech is delivered.
e. Substantive due process is based on the 4th Amendment, while procedural due process is based on the 5th Amendment.
a) Substantive due process looks at the basic fairness of a law's content, while procedural due process looks at the basic fairness of a law's enforcement process
65
Article I, Section 8 of the US Constitution contains the Commerce Clause, which empowers Congress to:
a) Establish Post Offices and Post Roads
b) Impose taxes
c) To coin money and regulate its value
d) Regulate commerce with foreign nations, and among the several states, and with the Indian tribes
e) borrow money on the credit of the US
d) Regulate commerce with foreign nations, and among the several states, and with the Indian Nations
66
Persons who believe that law is "discovered" by men and women through the use of reasoning and choosing between good and evil, believe in what school of jurisprudential thought?
Natural school
67
Persons who believe that law is an aggregate of social traditions and customs and that such societal changes will gradually be reflected in the law, believe in which school of jurisprudential thought?
Historical school
68
Someone who believes that law is a reflection of those in power believe in what school of jurisprudential thought?
Command school
69
Common law consists of:
Opinions that have been issued by judges when deciding previous cases
70
Stare Decisis is the doctrine of:
Following precedent so that legal principles in earlier cases are followed in later cases
71
What is the IRAC method stand for?
I - Issue
R - Rule of Law
A - Analysis of Facts
C - Conclusion
72
What was the issue in the Martha Stewart case?
whether or not she was entitled to a new trial
73
What court was the Martha Stewart case filed in?
The Court of Appeals
74
What rule of law was applied to the Martha Stewart case?
Rule 33: federal rule that says when a trial is warranted
75
According to Rule 33, when is a trial warranted?
1) when there's sufficient evidence that injustice has occurred
2) reason of this conviction is because of a clear error by a court
76
What was the conclusion of the Martha Stewart case?
She was not entitled to a new trial because even if you removed the false testimony and keep all the other evidence, there is still sufficient evidence to convict her of the same charges
77
What is the Natural Law School?
- Postulates that law is based on what is "correct"
| - Law should be based on morality and ethics
78
What is the Legal Positivism School?
- Believes that law is separate from moral values
| - Every enacted law should be a good and enforceable law
79
What is the American Legal Realism School?
Maintains that law should focus on the actors in the judicial system, like judges, instead of social conditions and values
80
What is the Sociological School?
Asserts that law is a means of achieving and advancing certain sociological goals and promote social welfare
81
What is the Feminist School?
Believes that law today promotes gender inequality and should be changed to accommodate women's views
82
What is the Critical Legal Studies School?
- Maintains that legal rules are unnecessary and that legal disputes should be solved by applying arbitrary rules based on fairness
- The basic view of this school is that law is politics and it is not neutral or value free, created by elitists
83
What is the Law and Economics School?
Believes that promoting market efficiency should be the central concern of legal decision making
84
What are some examples of sources of law in the United States?
Constitutions, Codified law, treaties, executive orders, judicial decisions, and agency rules and regulations
85
What is the plaintiff?
The party who originally brought the lawsuit
86
What is the defendant?
The party against who the lawsuit has been brought
87
What is the Petitioner or Appellant?
The party who has appealed the decision of the trial court or lower court
88
What is the Respondent or Appellee?
They party who must answer the petitioner's appeal
89
What is substantive law?
The law that creates and regulates legal rights, i.e. Contract Law, Property Law, etc... (context of the law)
90
What is Procedural Law?
- The law that defines the rules of enforcing Substantive Law rights in a Court of Law
- The law that defines the manner by which to obtain a remedy in a Court of Law
ex: law says breach of contract must pay $10. Procedural law would tell the person how to get their $10
91
What is Judicial Review?
the power to review actions of other branches and determine if they are unconstitutional
92
What is Public Law?
includes the bodies of substantive law that affect the public generally, refers to the rights and obligations of governments as they deal with citizens, and involves disputes between private individuals or groups and their government
93
What is an example of a Public Law?
the regulation of the disposal of hazardous waste by an individual or business
94
What is Private Law?
is the body of substantive law that regulate the duties and rights among individuals, among businesses, or among individuals and businesses
95
What subjects does Private Law primarily include?
Business law, encompassing the subjects of Contracts, Torts, and Property
96
What is the purpose of Discovery?
- Lawsuit based on merits of case
- Assist in trial preparation
- Narrow issues
97
What are methods of Discovery?
- Interrogatories
- Request Production of Documents
- Deposition
- Request for Admission
98
What is the order of a trial procedure?
Pleadings -> Pretrial Motions -> Discovery -> Pretrial Conference -> Trial -> Post-trial Motions -> Appeal
99
What happens during the Pleadings stage of a trial?
The plaintiff files a complaint and the Defendant answers. The Defendant can then file a motion to dismiss
100
What happens during Motions?
- Question of Law
- Statute of Limitations
- Judgment on Pleadings or Summary Judgment
- affidavits
- Frivolous Cases
101
What happens during the Trial stage of a case?
- Jury Selection
- Preemptory Challenges
- Opening Statement of Essential Facts
- Introduction of Evidence
- Directed Verdict
- Closing Arguments
- Jury Instructions
102
What is the Burden of Proof for Criminal Cases?
Beyond a reasonable doubt
103
What is the Burden of Proof for Civil Cases
- Preponderance of Evidence
| - Clear and convincing proof
104
What is Voir Dire?
Screening of the jury
105
What happens during the Post-Trial?
- Appeals Procedure
- Deference to Trial Courts
- Enforcement (execution, garnishment)
- Doctrine of Res Judicata
106
What is the role of lawyers?
- System is adversarial
- They Present evidence, points of law, arguments
- Function as counselors, advocates, and public servants
107
What is subject matter jurisdiction?
determines which court system has jurisdiction
108
What determines Exclusive Federal jurisdiction?
1) Admiralty
2) Antitrust
3) Bankruptcy
4) Copyright
5) Federal Crimes
6) Patents
7) Suits against the US
8) Other specified federal statutes
109
What determines Concurrent Jurisdiction?
Must meet 1 of 2 requirements: Federal question or Diversity of Citizenship
110
What are the requirements for Diversity of Citizenship?
1) Dollar amount > $75,000
| 2) Complete Diversity, where the plaintiff does not share the same domicile as the defendant
111
What determines Exclusive State jurisdiction?
If Federal has no jurisdiction
112
What is a Petition for Certiorari?
A petition asking the Supreme Court to hear a case
113
What are Limited Jurisdiction Trial Courts and what is an example?
Hear matters of a specialized or limited nature
| ex: traffic courts, juvenile courts, small claims courts
114
What are General Jurisdiction Trial Courts?
- Hear cases of a general nature that not within the jurisdiction of Limited-Jurisdiction Courts
- Testimony and evidence at trial are recorded and stored for future reference
115
What are Intermediate Appellate Courts?
- A court that hears appeals from trial courts
- Reviews the trial court record to determine if there have been any errors at trial that would require reversal or modification of the decision
116
What is Personal Jurisdiction?
where to file the lawsuit?
117
What determines where to file a lawsuit?
1) Domicile of the Defendant
| 2) Establishment of minimum contacts
118
What determines the domicile of corporations?
headquarters or where the corporation is incorporated in
119
What establishes minimum contacts?
Ties to a state beyond mere presence.
ex: some type of business activity (ads, sales, an office)
ex: working in a state for 3 days
120
What is In Rem Jurisdiction?
Court has jurisdiction over the property of the lawsuit within the state borders
121
What is Quasi In Rem Jurisdiction?
jurisdiction which allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state
122
How is a venue determined?
- where the parties reside (domicile)
| - where the incident occurred
123
How can a venue be changed?
- Only for inconvenience or suspicious of a biased jury (need proof)
- up to discretion of the court
124
What is removal?
- When a case is transferred from the state court system to the federal court system
- cannot go from state to state
- Is a constitutional right (automatic when requested and requirements are met)
125
What is Standing to Sue?
- The party filing lawsuit must have a stake in the outcome
| - Prevents frivolous lawsuits
126
What is Mediation?
a 3rd neutral party who facilitates in making the decision
127
What is Arbitration?
a 3rd neutral party makes the decision
128
What is a Mini-Trial?
Short session in which lawyers for each side present their cases to representatives of each party who have the authority to settle the dispute. Usually between 2 corporations
129
What is a Private Trial?
Cases are tried by a referee selected and paid for by the disputants. These referees have the power to issue legally binding judgments
130
What is a Summary Jury Trial?
an abbreviated and non-public mock trial with an Advisory Jury Decision (not legally binding)
131
What is a Neutral Case Evaluation?
a court ordered procedure involving an early, objective evaluation of the case by a neutral 3rd party who evaluates the strengths and weaknesses of their cases. Intended to guide parties to reach a settlement
132
What are the 2 major functions of the Constitution?
1) Creates the 3 branches of government (Executive, Legislative, Judicial)
2) Protects individual rights by limiting the government's ability to restrict those rights
133
What are Enumerated Powers?
certain powers delegated to the federal government by the states
134
What is the Supremacy Clause?
establishes that the federal constitution, treaties, federal laws, and federal regulations are the supreme law of the land
135
What are the highest laws in the country?
the US Constitution and treaties
136
What is the Preemption Doctrine?
The concept that federal law takes precedence over state and local law
137
What is the Federal Commerce Clause?
A clause of the U.S. Constitution that grants Congress the power “to regulate commerce with foreign nations, and among the several states, and with Indian tribes.”
138
What does the Federal Commerce Clause give the federal authority to do?
the federal government can regulate any INTERSTATE commerce (crosses state borders) and INTRASTATE commerce that affects interstate commerce
139
What is the State Police Clause?
Allows states and local governments to regulate for general welfare, safety, morals, and public health as long as it does not unduly burden (does not discriminate) interstate commerce
140
What is Fully Protected Freedom of Speech and what is an example?
- cannot be regulated or prohibited by the federal government and includes Oral, Written, and Symbolic speech
ex: political speech
141
What is Limited Protected Freedom of Speech and what is an example?
- May be subject to a time, place, and manner restrictions and cannot be forbidden, only restricted
ex: Offensive speech, Commercial Speech
142
What is Unprotected Freedom of Speech and what is an example?
- May be forbidden
| ex: Dangerous speech, fighting words, child porn, obscene speech
143
What is The Establishment Clause of Freedom of Religion in the 1st Amendment?
- 1st Amendment clause prohibiting the government from either establishing a state religion or promoting one religion over another
144
What is the Free Exercise Clause of Freedom of Religion?
1st Amendment clause that prohibits the government from interfering with the free exercise of that religion, i.e. enacting laws that prohibit or inhibit people from participating in or practicing their chosen religion
145
What is the Due Process Clause?
5th and 14th Amendment clauses that provide that no person shall be deprived of "life, liberty, or property" without due process of the law
146
What is the Privileges and Immunities Clause?
Clause that prohibits states from enacting laws that unduly discriminate in favor of their residents
