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1
Q

What does the 1st amendment grant and what does it protect?

A

freedom of speech and press
freedom of religion (free exercise clause)
establishment clause
symbolic speech is also protected (non-verbal ex. gestures)
political and commercial speech

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2
Q

Does commercial or political speech get more protection?

A

political (non commercial) speech gets the most protection

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3
Q

What is the 3 step test to protecting commercial free speech

A
  1. Seeks to implement substantial gov. interest
  2. Directly advances that interest
  3. Goes no further than necessary to accomplish its objective
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4
Q

Free exercise clause

A

1st amendment
Prohibits government from enacting laws that prohibit or inhibit people from participating in or practicing their chosen religion

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5
Q

Establishment clause

A

1st amendment

Prevents government from establishing a government sponsored religion or promoting one

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6
Q

second amendment

A

right to bear arms

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7
Q

fourth amendment

A

no unreasonable search or seizure

search warrants based on probable cause necessary

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8
Q

What is the exclusionary rule and a justification for it

A

rule in 4th amendment
wanted evidence can’t be used at trial
Except: fruit of the poisonous tree- police believed in good faith they had a valid warrant

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9
Q

equal protection clause definition and amendment

A

14th amendment
states may not “deny to any person…the equal protection of the laws.”
(three tests, strict scrutiny)

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10
Q

what is the name of the 3 tests in the equal protection clause

A

strict scrutiny test

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11
Q

What are the 3 strict scrutiny classes (equal protection clause)

A
  1. Strict Scrutiny- If a law or action inhibits some person from a fundamental rights (strongest)
  2. Intermediate scrutiny- Must be substantially related to government objectives, normally gender, age or legitimacy
  3. rational basis- applies to not protected classes, normally matters of economic and social welfare
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12
Q

Administrative law (agencies)

A

The legislative and executive branches of government (federal and state) establish administrative agencies to enforce laws
ex. Drug Enforcement Agency, FCC

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13
Q

Does state or federal law have priority

A

federal law

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14
Q

Due Process clause

A

No person shall be deprived of life, liberty or property without due process of law
5th and 14th amendment
substantive and procedural (2 types)

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15
Q

Substantive due process

A

Focuses on the substance – or content – of the law.
if the law focuses on a fundamental, compelling interest
non-fundmental, legitimate interest

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16
Q

procedural due process

A

Requires government to give people proper notice and hearing before depriving them of life, liberty, or property
Miranda rights

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17
Q

Standing

A

You must show standing in order to sue

some stake in the outcome of the lawsuit

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18
Q

statute of limitations

A

a statute that establishes the period during which a plaintiff must bring a lawsuit against a defendant

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19
Q

What are the two types of court jurisdiction?

A

subject matter and personal jurisdiction

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20
Q

personal jurisdiction

A

power over the people or property (2 types)

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21
Q

Jurisdiction over persons

A

(personal jurisdiction)
power of a court to make parties appear
states use long arm statutes (minimum contacts)

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22
Q

Sliding scale standard refers to what

A

jurisdiction in cyberspace (personal jurisdiction)

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23
Q

A court generally has jurisdiction over any property situated within its geographical __________

A

borders

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24
Q

You can file in federal court if?

A

the parties are not from he same states and
the amount in controversy is greater than $75,000
otherwise in state court

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25
You own a patent and sue for someone violating that patent, does the federal government have subject matter jurisdiction?
yes, subject matter
26
Stare Decisis jurisdiction
2 parts, "to stand by decision" 1. Decisions made by higher courts are binding on lower courts 2. Courts can depart from precedent, but this is rare.
27
Discovery is what?
both parties engage in various activities to discover facts of the case from the other party (what you get from the other side)
28
Types of discovery
Depositions- oral testimony interrogatories- written questions from one party to another Production of documents physical and mental examinations
29
Arbitration
Form of ADR where parties choose a 3rd party to hear and decide the dispute normally binding so no dispute many contracts require them
30
litigation
lawsuit
31
Mediation
Form of ADR in which the parties choose a neutral 3rd party to act as a mediator no winner or loser, but can be taken very seriously by courts
32
compensatory damages
compensated through monetary means
33
punitive damges
applied when defendants actions were particularly erroneous | to deter the same activity from happening again
34
Intentional torts are wrongdoings where
the actor intended the consequences of the act
35
An intentional tort is proven
by a preponderance of the evidence | as opposed to criminal beyond a reasonable doubt
36
Are there more likely to be punitive damages in an intentional tort
yes
37
Explain a misrepresentation or fraud tort
misrepresentation of facts with knowledge they are false, or reckless disregard for truth that causes harm - the harm relied on that knowledge - a connection between the misrepresentation and injury
38
defamation tort
anything published or spoken that causes harm to reputation, libel or slander public figure must show actual malice
39
Assault tort
any word or action meant to intimidate
40
battery tort
unauthorized and harmful or offensive physical contact with another
41
false imprisonment tort
confinement without justification
42
res ipsa loquitur
in negligence, the defendant is in control of the situation so its easier to prove negligence ex. surgical instrument found in body
43
negligence per se
negligence win if law dealing with negligence was broken | ex. texting while driving
44
4 elements of negligence
duty breach causation damage
45
strict liability
if you do it you are at fault
46
2 defenses to negligence
``` assumption of risk comparative negligence (damages apportioned) ```
47
Patent
Applies to inventions (only exception design patent) Must be novel, useful, and non obvious 20 years Granted to the first inventor to file an application Machines, processes, improvements on machines
48
copyright
``` Applies to creative works books, newspapers, lectures life +70 years ideas are not protected, but the expression of the idea is protect through non disclosure original, creative works of authorship ```
49
Copyright fair use 4 elements
1. purpose and character of the use if parody is used you have to be making fun of the work itself 2.nature of copyrighted 3. amount and substantiality of portion used 4. effect on market value of the copyrighted work
50
Trademarks
a distinct mark symbol, name, motto that identifies the goods of a particular business (service marks not trademarks for services) registered for 10 years and can be renewed indefinitely The first business to use it owns it even if not registered
51
Burden of proof in criminal
beyond a reasonable doubt
52
Burden of proof in civil case
preponderance of evidence
53
2 elements of criminal liability
act and intent
54
Title VII of the civil rights act protected what classes
race color national origin gender (includes pregnancy/sexual harassment)
55
Equal pay act of 1963 does what
protects both sexes from pay discrimination
56
did lily ledbetter win her lawsuit
no, she filed too late, so laws were put into place that considers each new pay check as a new situation
57
class action lawsuit definition
people with the same injury join together and sue
58
who has control the franchisor or franchise
the franchisor has control over the franchise
59
Is there personal liability in a limited liable company
limited personal liability, or no personal liability
60
Are sole proprietorships personally liable?
yes, unlimited personal liability
61
Whos liable in a partnership
both equally liable unless limited partnership
62
2 kinds of partnerships
express and implied
63
In an LLC the liability is limited to the investment T/F
true
64
Poisoning the well
1) Corporation formed without sufficient capital 2) separateness has not been maintained between corporation and it’s shareholders becomes personally responsible
65
DOW, NASDAQ, and S&P 500
DOW - averages for 30 largest companies NASDAQ- companies trading on the nasdaq 4000+ S&P 500- 500 largest

Business (6 decks)

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