Final Flashcards
Two reasons for law
Dispute Resolution Role
-settle difference between two people
Regulatory Role
-government interference with business
Which is most important law of the land? Constitutional Law or Regulatory Law?
Constitutional Law
What is common law?
Judge-made-Law
-judge doesn’t follow precedent
Marbury v. Madison?
Gave power of Judicial Review to Judicial Branch
What is Administrative Law? Who can create it?
Laws created by regulatory agencies
-states create their own administrative laws
Majority Rule v.s. Minority Rule
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
Private Law v.s. Public Law?
Private Law
-government not involved
Public Law
-government involved
What is the difference in the “burden of proof” between Criminal and Civil law? What vote by the jury to convict?
Criminal Law
- beyond reasonable doubt
- Unanimous vote to convict
Civil Law
- preponderance of evidence (means “more likely than not”)
- majority vote to convict
10th Amendment?
Reserved Powers Clause
-gives all powers to the State that it has NOT ALREADY given to Federal Government
What governed the colonies before they became the United States?
Virginia House of Burgessess (140 years)
- began to fail because Britain was in debt
- b/c French and Indian War
Committees of Correspondence?
- created when colonies being taxed harshly by Britain
- turn colonists minds against British
- keep colonists updated on British activities
First Continental Congress?
Second Continental Congress?
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
Federalist v.s. Anti-Federalists? When was it relevant?
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
Immigration and Naturalization Services v. Chadha
Shows Judicial Branch checking power
- congress passes law without President signing
- Supreme Court overrules b/c didn’t have president permission
Youngstown Steel and Tube Co. v. Sawyer? What did it demonstrate?
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
3 clauses that are important to Business Regulation?
Supremacy Clause
Necessary and Proper Clause
Commerce Clause
Commerce Clause
Gives Congress power to regulate business (commerce)
Gibbons v. Ogden
Case distinguished Intrastate Commerce between Interstate Commerce
-John Marshall made distinction
Wickard v. Filburn
expanded Commerce Clause
-said Congress could regulate commerce if it had AGGREGATE effect
Necessary and Proper Clause
Federal Government can create new laws to carry out Enumerated Powers (if laws are necessary and proper)
Enumerated Powers
Specified powers in Constitution that are given to Federal Government
McCulloch v. Maryland
- 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
Plessy v. Ferguson
Established “Separate but Equal”
Brown v. Board of Education
Ends “Separate but Equal” Doctrine
Civil Rights Act of 1964
guarantees civil rights to all people
Two cases that come from States not following Civil Rights Act of 1964?
Katzenback v. McLung (Ollie’s BBQ)
Heart of Atlanta Motel v. United States
United States v. Lopez
defines the limits of the Commerce Clause
-what things can be regulated under Commerce Clause
Printz v. United States
Limited Commerce Clause
- Federal Gov couldn’t require states to do background checks on gun owners
- b/c violated “state’s sovereignty”
3 other names for the Necessary and Proper Clause?
Elastic Clause
Inherent Powers Clause
Implied Powers Clause
Hughs v. Oklahoma
Maine v. Taylor
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
Barron v. Baltimore
Established that Bill of Rights only applies to National/Federal Government
Gitlow v. New York
says Bill of Rights applies to States too
14th Amendment
Created Doctrine of Incorporation
-applies Bill of Rights to States too
Scheneck v. United States
Limits First Amendment
- said speech could be limited if creates “clear and present danger”
ex: shouting “fire” in crowd
Stromberg v. California and Morse v. Fredrickson
Stromberg v. California
-says 1st amendment covers “symbolic speech”
Morse v. Fredrickson
- Bong hits 4 Jesus
- symbolic speech limited b/c it was dumb
Virginia v. Black
Says “hate speech” protected under 1st amendment
-Klu Kluz Klan member burns cross in yard
Garcetti el al v. Ceballos
Employee speech protected under 1st Amendment
-employer can only control official duties and responsibilities
Central Hudson Gas and Electric Corp v. Public Commission of New York
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?
Doctrine of Incorporation made bill of rights apply to states except for these 3 areas:
3rd Amendment
-quartering soldiers
5th Amendment
-Right of Grand Jury
7th Amendment
-Right of a Jury Trial in civil cases
Citizens United vs. Federal Election Commission
Political Speech
-allows corporations to fund politicians??
