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Legal Responsibilities of Business > Foundations of US Government and Law > Flashcards

Foundations of US Government and Law Flashcards

1
Q

Example of laws reflecting local value of an area

A

Texas abortion law

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2
Q

Supremacy clause of the Constitution (federal and state effects)

A

Federal law must be made in pursuance; no state law may violate the Constitution or federal law

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3
Q

preemption

A

Federal statutes covering particular subject matter preempt states from making statutes covering the same matter

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4
Q

1st Amendment

A

Freedom of speech and religion

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5
Q

1st Amendment restrictions for commercial speech

A

Where serve a government interest

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6
Q

Example of 1st Amendment Restrictions on commercial speech

A

Drug ads

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7
Q

1st Amendment religious effect on businesses

A

Basis of religious accommodations

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8
Q

5th Amendment

A

Cannot deprive citizens of life, liberty, or property without due process

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9
Q

Procedural due process

A

Right for citizens to hearings before a neutral decision maker prior to deprivation

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10
Q

Substantive due process

A

Government cannot impact or infringe upon a fundamental right without a compelling reason

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11
Q

14th Amendment (2)

A

Restricts government action infringing upon rights AND provides for equal protection of citizens under the law

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12
Q

14th Amendment Case

A

Loving v. Virginia - Virginia anti-miscegenation laws were unconstitutional; illegal for there to be any distinction in law based on race

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13
Q

Strict scrutiny condition/classes

A

Historically discriminated classes (race, disability) or fundamental rights (health, privacy, interstate travel, courts, speech)

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14
Q

Strict scrutiny criteria

A

Must serve a compelling government interest; law must be narrowly tailored to interest; law must be as least restrictive as possible

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15
Q

Intermediate scrutiny test condition

A

Gender, geography, age, illegitimacy

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16
Q

Intermediate scrutiny criteria

A

Must serve an important government interest; law must be substantially related to interest.

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17
Q

Rational basis test conditions

A

Classes not covered under intermediate or strict scrutiny

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18
Q

Rational basis criteria

A

Law must serve legitimate government interest and be rationally related to that purpose.

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19
Q

Important powers of Congress

A

Power to tax and spend; power to regulate interstate commerce

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20
Q

Congressional influence over state policy

A

Use of power to tax and spend to redirect federal funds based on policy

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21
Q

Constitutional justification of Obamacare Shared Responsibility Penalty

A

Tax under Congressional ability to tax and spend

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22
Q

Wickard v. Filburn

A

Roscoe Filburn grew wheat on own farm for personal use in violation of agricultural quota; was ruled to be under scope of regulating interstate commerce b/c growth of own wheat affects prices of wheat

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23
Q

Supreme court case which established judicial review

A

Marbury v. Madison

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24
Q

Which court system’s Constitutional interpretations control

A

Federal judiciary takes precedence over state courts

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25
Q

Presidential checks and balances on Congress

A

veto

26
Q

Presidential checks and balances on judiciary

A

Selection of judges

27
Q

Congressional checks and balances on president

A

Override veto, conduct hearings, compel attendance of witnesses, refuse to confirm executive appointments, impeachment by House majority and removal by two-thirds Senate majority

28
Q

Congressional checks and balances on judiciary

A

Can refuse to confirm federal judges, limit scope of judicial review, or increase number of federal judges

29
Q

Judicial checks and balances on legislature and executive

A

Judicial review/invalidation of laws and executive orders

30
Q

Diffusion of power

A

Difficulty of passing laws through Congress leads to more being done by Presidents via executive order

31
Q

10th Amendment

A

Powers not delegated to United States by the Constitution are reserved to the States or to the people

32
Q

Plenary power

A

Power exclusive to a particular branch, such as Congress’ ability to regulate interstate commerce

33
Q

Two types of law which compose US legal system

A

common law and code law

34
Q

Stare decisis

A

Legal principle of applying past opinions

35
Q

Civil law

A

Based on comprehensive body of code laws created by legislature rather than judicial decision

36
Q

Importance of stare decisis

A

Provides predictability/consistency in application of law

37
Q

Caveats of stare decisis

A

Higher courts can overrule prior decisions, or judicial decision can be overruled by legislature

38
Q

Civil law

A

Governs duties owed to each other as citizens of a state

39
Q

Criminal law

A

Governs acts considered to be wrongs against the public

40
Q

Public law

A

Curtailing behaviors society finds to be objectionable

41
Q

Private law

A

Governs making injured parties whole

42
Q

Four sources of law in United States

A

Constitution, statutes, regulations, common law

43
Q

Ordinances

A

Laws created by city councils/boards of supervisors

44
Q

Regulations

A

Laws created by administrative agencies

45
Q

Two bases of common law

A

Past opinions and legal principles

46
Q

Trial court

A

Lowest court, where evidence is presented before a judge and jury

47
Q

Examples of codes

A

Labor Code, Fish and Game Code

48
Q

Appellate court

A

Successor to trial court, where decisions from trial court are appealed

49
Q

Supreme court

A

Successor to appellate court, where decisions by appellate court are appealed.

50
Q

Supreme court caveat

A

Discretion when deciding to hear a case

51
Q

Name of state trial courts

A

Superior courts

52
Q

Name of state appellate courts

A

Courts of Appeal

53
Q

Name of federal trial courts

A

District courts

54
Q

Name of federal appeal courts

A

Circuit courts

55
Q

Federal question

A

Cases concerning federal law or the Constitution

56
Q

Federal jurisdiction

A

Federal questions or diversity of citizenship over $75,000

57
Q

Rationale for allowing cross-state suits to take place in federal courts

A

No unfair advantage for either party

58
Q

Changing location of court

A

Cannot be done by appeal

59
Q

Writ of certiorari

A

Filing made by party to request an appeal

60
Q

Granting cert

A

When U.S. Supreme Court decides to hear case

61
Q

When Supreme Court tends to grant cert

A

Multiple circuit courts disagree or issue of particular importance

62
Q

Alternate name for decision made by court

A

“the holding”

Legal Responsibilities of Business (9 decks)

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