Exam 1

Question 1

Article 1 of constitution

Answer 1

Gives power to legislative branch, they make laws

Question 2

Article 2 of constitution

Answer 2

Gives power to executive branch, they enforce laws

Question 3

Article 3 of constitution

Answer 3

Gives power to judicial branch, they interpret the laws

Question 4

Camara v Municipal Court

Answer 4

Court upheld (5-4) that a state court conviction of a homeowner who refused to permit a health inspector to premised without a search warrant for public safety purposes-it was an administrative procedure (he wasn’t the only one being targeted).

Question 5

Veto

Answer 5

Presidents can veto and make executive orders, along with signing statements that explain how they interpreted a law passed by the Senate.

Question 6

Pocket veto

Answer 6

President does pocket veto by not acting on a bill from the Senate

Question 7

Judicial Review

Answer 7

Power of the courts to review statutes of legislature or executive orders for constitutionality.

Question 8

Criminal Law

Answer 8

Considered injurious (misdemeanors, felonies). These are serious crimes that will get the person over 1 year in jail and large fines

Question 9

Civil law

Answer 9

Torts (injuries between individuals-like car accident) and breaking of contracts (agreement between people)-sued for damages

Question 10

Burden of Proof in Criminal Cases

Answer 10

95% proof beyond reasonable doubt

Question 11

Burden of Proof in Civil

Answer 11

51% preponderance of evidence

Question 12

U.S. v Park

Answer 12

ACME Markets charged with food safety issues (food shipments exposed to rodent contamination). ACME pleaded guilty but president refused that it was his responsibility to provide sanitary conditions of food. Court ruled in vicarious liability (held responsible for others’ actions) and respondeat superior (let the master answer for the actions of his agent).

Question 13

Presumption

Answer 13

Rebuttable presumption (can be overcome with evidence)
Unrebuttable (cant be overcome)

Question 14

Environmental Audit

Answer 14

Systematic review of practices designed to prove that it is environmentally safe. You are expected to report violations yourself.

Question 15

Gravity Policy

Answer 15

1. Report violation 2. Cannot be serious environmental harm 3. Cannot have had any previous violation if new is the same kind (if not, okay) 4. Company cannot destroy evidence

Question 16

Inalienable Rights

Answer 16

Rights that cannot be taken away from one (even to help others) unless with administrative ruling

Question 17

Federalism

Answer 17

Divergence/sharing of powers between federal, state, and local governments (marbled v layered cake)

Question 18

Supremacy Clause (Article 6)

Answer 18

If federal and state governmental powers are contradicting, the federal decision stands.

Question 19

10th Amendment

Answer 19

(Police power amendment) ability of states to regulate health, safety, etc

Question 20

Interstate Commerce Clause (enumerated powers)

Answer 20

Federal government has power to regulate interstate commerce due to their listed (enumerated) powers (article 1) in the constitution.

Question 21

Active and Dormant Commerce Clause

Answer 21

Active-where Congress passed law and state govt challenges law stating feds infringe state powers
Dormant-rare. There is no federal law and states/cities pass law designed to protect their interests

Question 22

Wickard v Filburn

Answer 22

A referendum vote of farmers on wheat was talked about in speech by Secretary of Agriculture which outlined pros, not cons. Farmer took appeal to District Court when he was penalized due to wheat quota enlisted. Court held that amendment shouldnt be applied because the speech invalidated the referendum

Question 23

Preemption

Answer 23

(Preempt the field) federal govt plans for their regulations regarding an issue to be the overriding one

Question 24

Due Process Clauses

Answer 24

5th-fed govt cant deny due process

14th-states cant deny due process

Question 25

Procedural and Substantive Aspects of Law

Answer 25

Procedural-govt cant take away life, liberty, or property unless they follow procedures in law
Substantive-definition of crimes, must prove every piece of definition

Question 26

Takings Clause

Answer 26

(5th amendment) govt shall not take private property for a public use without just compensation

Question 27

Lucas v S.C. Coastal Council

Answer 27

SC prohibited construction or any eroding beaches. Lucas bought 2 lots before law was passed to build condos. Hadnt started construction yet, said law was taking without just compensation. State court gave him $1.2 m. Supreme court agreed with $.

Question 28

Palazzolo v RI

Answer 28

Property was mostly a marsh protected as coastal wetland. Regulations were in effect before he bought property. He knew this, but took it to court as a takings w/o compensation. Court overthrew charge?

Question 29

Kelo v City of New London

Answer 29

Kelo wanted court to adopt a new rule that economic development doesnt qualify as a public use.court said not supported by precedent or or logic

Question 30

US v Lopez

Answer 30

Gun-free school zones are not constitutional

Question 31

Equal Protection and Environmental Racism

Answer 31

Equal protection (14th)-no state can deny full protection of the laws to any person (except in certain conditions that risk safety of others-blind people cant drive)
Environmental Racism-situations where superfund sites get cleaned up in rixher areas, poorer areas take much longer or ignored (minorities)

Question 32

9th amendment

Answer 32

Just because a right isnt in 10 amendments doesnt mean its not a right. Is there a right to a clean environment?
Tanner v Armco Steel-rejected right to clean environment

Question 33

Public Trust Doctrine

Answer 33

Govt is trustee (executes will of person) of citizens and will protect for everyones sake

Question 34

Adversary v Inquisitorial Systems

Answer 34

Adversary-trial by ordeal (God will promote justiceto righteous-english/american system)- lots of $ equals better odds
Inquisitorial-cooperative approach, judge, and representation of two sides sit down together to talk-not very much $

Question 35

U.S. v Hayes International Corporation

Answer 35

Vicarious liability

Question 36

Society of Plastics v County of Suffolk

Answer 36

Society of plastics sued a county over a plastics ban in McDonald’s because they failed to have an environmental review before making the law. Court said group had no standing because they couldnt show their injury as larger than the public at large.

Question 37

Jurisdiction

Answer 37

Subject Matter-specified courts (drug, juvenile, domestic…)
Personal-civil cases (service of process “youve been served”)

Question 38

Discovery

Answer 38

Process to find what evidence other side has and make them produce it (subpoenas, interrogatories-written under oath, and depositions-oral under oath)

Question 39

Juries: petit and grand

Answer 39

Petit-trial jury, they decide whether you are guilty or not (6-12 people)

Grand-Investigative jury, they look into crimes to see if there is enough probable cause to bring case to trial

Question 40

Parts of Standing

Answer 40

1) show injury

2) assert your own rights (unless vicarious-ex. parents)

Question 41

Case of Controversy Requirement

Answer 41

This is what standing is based on. Includes Doctrine of Mootness and Ripeness.

Question 42

Mootness

Answer 42

Courts wont decide cases if the issue presented in the case has already been resolved somehow

Question 43

Ripeness

Answer 43

When facts have been laid out and the case can be decided.