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MGMT 211 Swim > Final > Flashcards

Final Flashcards

1
Q

Two reasons for law

A

Dispute Resolution Role
-settle difference between two people

Regulatory Role
-government interference with business

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2
Q

Which is most important law of the land? Constitutional Law or Regulatory Law?

A

Constitutional Law

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3
Q

What is common law?

A

Judge-made-Law

-judge doesn’t follow precedent

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4
Q

Marbury v. Madison?

A

Gave power of Judicial Review to Judicial Branch

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5
Q

What is Administrative Law? Who can create it?

A

Laws created by regulatory agencies

-states create their own administrative laws

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6
Q

Majority Rule v.s. Minority Rule

A

State-laws vary from state to state

Majority Rule
-when most states follow that rule

Minority Rule
-when only a few states follow that rule

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7
Q

Private Law v.s. Public Law?

A

Private Law
-government not involved

Public Law
-government involved

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8
Q

What is the difference in the “burden of proof” between Criminal and Civil law? What vote by the jury to convict?

A

Criminal Law

  • beyond reasonable doubt
  • Unanimous vote to convict

Civil Law

  • preponderance of evidence (means “more likely than not”)
  • majority vote to convict
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9
Q

10th Amendment?

A

Reserved Powers Clause

-gives all powers to the State that it has NOT ALREADY given to Federal Government

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10
Q

What governed the colonies before they became the United States?

A

Virginia House of Burgessess (140 years)

  • began to fail because Britain was in debt
  • b/c French and Indian War
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11
Q

Committees of Correspondence?

A
  • created when colonies being taxed harshly by Britain
  • turn colonists minds against British
  • keep colonists updated on British activities
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12
Q

First Continental Congress?

Second Continental Congress?

A

First Continental Congress

  • first time unity among colonies
  • purpose to discuss further relations with King George

Second Continental Congress

  • created after little skirmishes (like Boston Massacre)
  • asked King George to stop hostilities
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13
Q

Federalist v.s. Anti-Federalists? When was it relevant?

A

Relevant when United States was throwing out Articles of Confederation

Federalists

  • want strong government
  • Alexander Hamilton, John Jay, James Madison

Anti-Federalists

  • wanted weak government
  • Thomas Jefferson
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14
Q

Immigration and Naturalization Services v. Chadha

A

Shows Judicial Branch checking power

  • congress passes law without President signing
  • Supreme Court overrules b/c didn’t have president permission
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15
Q

Youngstown Steel and Tube Co. v. Sawyer? What did it demonstrate?

A

Demonstrated Checks and Balances by Supreme Court

  • company gives intent to strike
  • President Truman says they can’t
  • Executive order overruled b/c Truman can’t do that
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16
Q

3 clauses that are important to Business Regulation?

A

Supremacy Clause
Necessary and Proper Clause
Commerce Clause

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17
Q

Commerce Clause

A

Gives Congress power to regulate business (commerce)

18
Q

Gibbons v. Ogden

A

Case distinguished Intrastate Commerce between Interstate Commerce
-John Marshall made distinction

19
Q

Wickard v. Filburn

A

expanded Commerce Clause

-said Congress could regulate commerce if it had AGGREGATE effect

20
Q

Necessary and Proper Clause

A

Federal Government can create new laws to carry out Enumerated Powers (if laws are necessary and proper)

21
Q

Enumerated Powers

A

Specified powers in Constitution that are given to Federal Government

22
Q

McCulloch v. Maryland

A
  • Federal Bank in Maryland not paying tax
  • Maryland says “Reserved Powers” give them right to tax government

-Supreme Court says Necessary and Proper gives right to operate tax free

23
Q

Plessy v. Ferguson

A

Established “Separate but Equal”

24
Q

Brown v. Board of Education

A

Ends “Separate but Equal” Doctrine

25
Q

Civil Rights Act of 1964

A

guarantees civil rights to all people

26
Q

Two cases that come from States not following Civil Rights Act of 1964?

A

Katzenback v. McLung (Ollie’s BBQ)

Heart of Atlanta Motel v. United States

27
Q

United States v. Lopez

A

defines the limits of the Commerce Clause

-what things can be regulated under Commerce Clause

28
Q

Printz v. United States

A

Limited Commerce Clause

  • Federal Gov couldn’t require states to do background checks on gun owners
  • b/c violated “state’s sovereignty”
29
Q

3 other names for the Necessary and Proper Clause?

A

Elastic Clause
Inherent Powers Clause
Implied Powers Clause

30
Q

Hughs v. Oklahoma

Maine v. Taylor

A

Displayed that Supreme Court rules on Commerce Clause by “Case-by-Case basis”

  • allowed Maine’s fishing bait law
  • outlawed Oklahoma’s fishing bait law
31
Q

Barron v. Baltimore

A

Established that Bill of Rights only applies to National/Federal Government

32
Q

Gitlow v. New York

A

says Bill of Rights applies to States too

33
Q

14th Amendment

A

Created Doctrine of Incorporation

-applies Bill of Rights to States too

34
Q

Scheneck v. United States

A

Limits First Amendment

  • said speech could be limited if creates “clear and present danger”
    ex: shouting “fire” in crowd
35
Q

Stromberg v. California and Morse v. Fredrickson

A

Stromberg v. California
-says 1st amendment covers “symbolic speech”

Morse v. Fredrickson

  • Bong hits 4 Jesus
  • symbolic speech limited b/c it was dumb
36
Q

Virginia v. Black

A

Says “hate speech” protected under 1st amendment

-Klu Kluz Klan member burns cross in yard

37
Q

Garcetti el al v. Ceballos

A

Employee speech protected under 1st Amendment

-employer can only control official duties and responsibilities

38
Q

Central Hudson Gas and Electric Corp v. Public Commission of New York

A

established 4 prong test to limit speech

  • is speech legal?
  • is gov interest “substantial”?
  • does intervening advance government’s substantial interest?
  • is intervening worth it?
39
Q

Doctrine of Incorporation made bill of rights apply to states except for these 3 areas:

A

3rd Amendment
-quartering soldiers

5th Amendment
-Right of Grand Jury

7th Amendment
-Right of a Jury Trial in civil cases

40
Q

Citizens United vs. Federal Election Commission

A

Political Speech

-allows corporations to fund politicians??

MGMT 211 Swim (17 decks)

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