exam 3

Question 1

Police Powers

Answer 1

State Regulatory powers

Question 2

Checks and Balances examples

Answer 2

• Foreign affairs are left to the president and the executive branch but if they want to make a treaty they need the power of the senate
  
  • Congress determines the jurisdiction of the federal courts, and the president appoints federal judges, with the advice and consent of the Senate, but the judicial branch has the power to hold actions of the other two branches unconstitutional.

Question 3

The Commerce Clause

Answer 3

• Article 1 section 8 of the constitution
  
  • expressly permits Congress “[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

Question 4

Gibbons v Ogden

Answer 4

The us government can also regulate intrastate commerce as long as the commerce substantially affected commerce involving more than one state.

Question 5

The Dormant Commerce Clause

Answer 5

• The implied idea by the commerce clause that states do not have the power to regulate interstate commerce

Question 6

Supremacy Clause

Answer 6

The laws of the united states government are the supreme law of the land and any state laws that are determine to be in conflict will be rendered invalid

Question 7

Preemption

Answer 7

Federal laws preempt or take precedence over conflicting state or local laws

Question 8

Bill of Rights

Answer 8

1. Free speech
2. right to bear arms
3. Prevent Lodging of Soldiers without conscent in peace time
4. Unreasonable search and seizures
5. Self incrimination, due process, double jeopardy,
6. speedy trial, right to cross examination
7. trial by jury
8. cruel and unusual punishment
9. people have rights other than specified in constitution
10. powers not given to the federal gov or denied to the states are given to the states

Question 9

Symbolic Speech

Answer 9

Nonverbal expressions of beliefs. Symbolic speech, which includes gestures, movements, and articles of clothing, is given substantial protection by the courts.

Question 10

Reasonable Restrictions on Free Speech

Answer 10

Free Speech can be restricted in some case on a case by case basis to protect against other crimes

Question 11

Bong Hits for Jesus (morse v Frederick)

Answer 11

They decided that it was ok to restrict the free speech here because the message was ambiguous and promoted drug use
They used the tinker case(black arm bands Vietnam) and the Fraser Case (lewd Class President case) was not allowed to

Question 12

Bad Frog

Answer 12

Middle Finger on label
the court said the label was ok because the setting was not going to be where kids should see it anyways
the law that banned it was said to limit freedom of expression

Question 13

Obsenity

Answer 13

Obsenity is not protected under free speech however proving obsenity is very difficult in defining it so it can go either way a lot of times
(miller v California) tried to define it but couldn’t

Question 14

Establishment Clause

Answer 14

provision in the First Amendment to the U.S. Constitution that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another

Question 15

Free Exercise Clause

Answer 15

The provision in the First Amendment to the U.S. Constitution that prohibits the government from interfering with people’s religious practices or forms of worship.
(does not require the government to separate itself from religions rather to accomodate the equally)

Question 16

Free Exercise Clause

Answer 16

People can have what ever religious beliefs that they want (applies only to state and federal governments not citizens and private business) however in some cases business might have to make resonable accomodations for a person’s religion

Question 17

Due Process Clause (procedural)

Answer 17

Procedural due process requires that any government decision to take life, liberty, or property must be made fairly—that is, the government must give a person proper notice and an opportunity to be heard

Question 18

Due Process Clause (Substantive)

Answer 18

Substantive due process protects an individual’s life, liberty, or property against certain government actions regardless of the fairness of the procedures used to implement them. Substantive due process limits what the government may do in its legislative and executive capacities.

Question 19

Equal Protection Clause

Answer 19

Equal protection means that the government must treat similarly situated individuals in a similar manner.

Question 20

Pretexting

Answer 20

A pretext is a false motive put forth to hide the real motive, and pretexting is the process of obtaining information by false means

Question 21

Actus Reus

Answer 21

a prohibited act (this is one of the requirements for a criminal case)

Question 22

Mens Rea

Answer 22

Mental state, or intent. Normally, a wrongful mental state is as necessary as a wrongful act to establish criminal liability. What constitutes such a mental state varies according to the wrongful action. Thus, for murder, the mens rea is the intent to take a life. For theft it would be knowledge that the property belongs to someone else and an intent to deprive the person of that item

Question 23

Criminal Negligence

Answer 23

Consciously disregarding substantial and unjustifiable risk

Question 24

Strict Liability and Overcompensation

Answer 24

some crimes do not require a wrongful mental state

If a family member was using drugs you could be evicted even if you had no knowledge of the drug use

Question 25

Larceny

Answer 25

The wrongful taking and carrying away of another person’s personal property with the intent to permanently deprive the owner of the property. Some states classify larceny as either grand or petit, depending on the property’s value.

• Grand Larceny - Virginia
	○ Commits from a person of more than $5
	○ Takes goods more than $200 value
	○ Takes a firearm

Question 26

Mail and Wire Fraud

Answer 26

legal use of the mails must involve (1) mailing or causing someone else to mail a writing—something written, printed, or photocopied—for the purpose of executing a scheme to defraud and (2) a contemplated or an organized scheme to defraud by false pretenses.

Question 27

Felony

Answer 27

A crime—such as arson, murder, rape, or robbery—that carries the most severe sanctions, ranging from one year in a state or federal prison to the death penalty.

Question 28

Misdemeanor

Answer 28

A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year.

Question 29

Petty Offense

Answer 29

In criminal law, the least serious kind of criminal offense, such as a traffic or building-code violation.

Question 30

Duress

Answer 30

Unlawful pressure brought to bear on a person, causing the person to perform an act that she or he would not otherwise have performed.

Question 31

Entrapment

Answer 31

In criminal law, a defense in which the defendant claims that he or she was induced by a public official—usually an undercover agent or police officer—to commit a crime that he or she would not otherwise have committed.

Question 32

Dale Velzy Surfboard Case

Answer 32

kids took surfboard and charged with larceny and assault

Question 33

Skokie Case

Answer 33

Nazi Protest in Skokie Chicago
City of skokie made unreasonable demands of people to hold a formal protest
City officials would be able to make a judgement call as to whether a public display can happen bases on their values
aclu helped the nazi’s to protetct 1st amendment rights
State Supreme court Struck down the law

Question 34

Chaplinski

Answer 34

Called city official a fascist
“the lewd and obscene, the profane, the libelous,” and (in this case) insulting or “fighting” words neither contributed to the expression of ideas nor possessed any “social value” in the search for truth.

Question 35

Fuck The Draft

Answer 35

wore t-shirt in california courthouse that said fuck the draft and was arrested for disturbing the peace and insiting violence
Supreme court overturned his arrest

Question 36

Criminal Law

Answer 36

Criminal Law
	• Beyond a reasonable doubt
	• Jail or Prison
	• Public injury (Prosecutor represents society)
	• Violation of Statute or codes