Exam 1 Terms

Question 1

Bill of Rights

Answer 1

First 10 amendments to the US Constitution

Question 2

Executive Order

Answer 2

Directives from the president commanding the officials in the executive branch to carry out their duties in a particular manner. Have the effect of law

Question 3

Judicial Review

Answer 3

the process by which higher courts reviews the actions of the executive, laws passed by Congress and lower courts to deem those actions constitutional or unconstitutional

Question 4

Commerce Clause

Answer 4

Congress has the power to pass any law if Congress can show it affects interstate commerce. Including foreign Nations, and with the Indian Tribes.

Question 5

Supremacy Clause

Answer 5

The constitution, federal law, and rules made by executive agencies are the supreme law of the land and no state can create a law that contradicts these laws.

Question 6

Field Preemption

Answer 6

A principle asserting the supremacy of federal legislation over state legislation when both pertain to the same subject matter.

Question 7

Privileges and Immunities Clause

Answer 7

The clause in the U.S. Constitution which requires that each state grant citizens of other states the same legal benefits that it grants its own citizens.

Question 8

Tax and Spending Clause

Answer 8

While authorizing Congress to levy taxes, this clause permits the levying of taxes for two purposes only: to pay the debts of the United States, and to provide for the common defense and general welfare of the United States.

Question 9

Full Faith and Credit Clause

Answer 9

Mandates that each state must recognize, respect, and enforce the public records, legislative acts, and judicial decisions of other states. This excludes laws that violate their “public policy”.

Question 10

Statutes

Answer 10

Created by Congress, signed by president. (a law). U.S.C. or U.S.C.A.= Federal statute

Question 11

Common Law

Answer 11

(Case law) Courts interpret what Congress meant by their statutes and the courts decision sets precedent

Question 12

Precedent

Answer 12

a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.

Question 13

Stare Decis

Answer 13

“let the decision stand”. Upholding precedents

Question 14

Restatement of Laws

Answer 14

Model laws that are created after looking at a broad range of common laws. Not laws until adopted by the states

Question 15

Administrative Law

Answer 15

The collection of rules and decisions made by administrative agencies to fill in particular details missing from constitutions and statutes.

Question 16

Default Judgement

Answer 16

Because the defendant failed to answer the complaint, the plaintiff wins

Question 17

Discovery

Answer 17

The pretrial phase in a lawsuit during which each party requests relevant documents and other evidence from the other side in an attempt to “discover” pertinent facts and to avoid any surprises in the courtroom during the trial. Discovery tools include requests for admissions, interrogatories, depositions, requests for inspection, and document production requests.

Question 18

Directed Verdict

Answer 18

A ruling by the judge, after the plaintiff has presented her case but before any evidence is put forward by the defendant, in favor of the defendant because the plaintiff has failed to present the minimum amount of evidence necessary to establish his claim.

Question 19

Long Arm Statute

Answer 19

A statute that enables a court to obtain jurisdiction against an out-of-state defendant as long as the defendant has sufficient minimum contacts within the state, such as committing a tort or doing business in the state.

Question 20

Personal Jurisdiction

Answer 20

The power of a court to require that a party (usually the defendant) or a witness come before the court; extends to the state’s borders in the state court system and across the court’s geographic district in the federal system. (Does the court have the authority to rule or make decision over the parties in the case)

Question 21

Tort

Answer 21

A civil wrong to another person that is not a breach of contract

Question 22

Defamation

Answer 22

A false statement or an action that harms the reputation or character of an individual, business, product, group, government, or nation.

Question 23

Private Nuisance

Answer 23

Occurs when a person uses her property in an unreasonable manner that harms a neighbor’s use or enjoyment of his property

Question 24

Assault

Answer 24

A civil wrong that occurs when one person intentionally and voluntarily places another in apprehension of an immediate, offensive physical harm. Assault does not require actual contact.

Question 25

Battery

Answer 25

A civil wrong that occurs when one person intentionally and voluntarily brings about a nonconsented harmful or offensive contact with a person or something closely associated with him or her. Battery requires an actual contact.

Question 26

Intentional Infliction of Emotional Distress

Answer 26

The tort that occurs when someone intentionally engages in outrageous conduct that is likely to cause extreme emotional distress to another person.

Question 27

Tort Reform

Answer 27

procedural limits on the ability to file claims, and capping the awards of damages.

Question 28

Venue

Answer 28

the geographic location where the case can be brought
• Venue is proper where the defendant resides
• Venue is proper where the cause of action arises
• Or, Any judicial district where the defendant can be served

Question 29

Felony

Answer 29

A serious crime, such as murder, rape, or robbery, that is punishable by imprisonment for more than one year or death.

Question 30

Misdemeanor

Answer 30

A crime that is less serious than a felony and is punishable by a fine and/or imprisonment for less than one year.

Question 31

Diversity Jurisdiction

Answer 31

Allows for a case to be heard by the federal court under 2 conditions: (1) The plaintiff(s) does (do) not reside in the same state as the defendant(s), and (2) the controversy concerns an amount in excess of $75,000

Question 32

Libel

Answer 32

Defamation that is published in a permanent form, such as in a magazine or newspaper

Question 33

Slander

Answer 33

Defamation that is made orally

Question 34

Compensatory Damages

Answer 34

Money awarded to a plaintiff as reimbursement for her or his losses; based on the amount of actual damage or harm to property, lost wages or profits, pain and suffering, medical expenses, disability, etc.

Question 35

Nominal Damages

Answer 35

Monetary damages awarded to a plaintiff in a very small amount, typically $1 to $5, to signify that the plaintiff has been wronged by the defendant even though the plaintiff suffered no compensable harm.

Question 36

Punitive Damages

Answer 36

Compensation awarded to a plaintiff that goes beyond reimbursement for actual losses and is imposed to punish the defendant and deter such conduct in the future.

Question 37

First Amendment

Answer 37

• Protects freedom of religion, press, speech, and peaceable assembly
• Ensures that citizens have the right to ask the government to redress grievances

Question 38

Second Amendment

Answer 38

-Finds that in light of the need for a well regulated militia for security, government cannot infringe on citizens’ right to bear arms

Question 39

Third Amendment

Answer 39

Provides that government cannot house soldiers in private residences during peacetime, or during war except for provisions in the law

Question 40

Fourth Amendment

Answer 40

• Protects citizens from unreasonable search and seizure

- Ensures that government issues warrants only with probable cause

Question 41

Fifth Amendment

Answer 41

• Ensures that government does not put citizens on trial except by the indictment of a grand jury
• Gives citizens the right to not testify against themselves
• Prevents government from trying citizens twice for the same crime
• Creates the right to due process
• Provides that government cannot take private property for public use without just compensation

Question 42

Sixth Amendment

Answer 42

Provides the right to a speedy public trial with an impartial jury, the right to know what criminal accusations a citizen faces, the right to have witnesses both against and for the accused, and the right to have an attorney

Question 43

Seventh Amendment

Answer 43

States that in common law suits where the monetary value exceeds $20, citizens have the right to a trial by jury

Question 44

Eighth Amendment

Answer 44

• Provides that government will not set bail at excessive levels
• Prohibits government imposition of excessive fines
• Prohibits cruel and unusual punishment

Question 45

Ninth Amendment

Answer 45

Provides that although the Bill of Rights names certain rights, such naming does not remove other rights retained by citizens

Question 46

Tenth Amendment

Answer 46

Provides that powers that the Constitution does not give to the federal government are reserved to the states