Last AM Deck Flashcards
A trial judge’s decision to grant a summary judgment motion is a _____ ruling. As a _____ruling, the appropriate standard of review by the appellate court is _________.
A trial judge’s decision to grant a summary judgment motion is a legal ruling. As a legal ruling, the appropriate standard of review by the appellate court is de novo.
The Section 5 Enabling Clause of the Fourteenth Amendment permits Congress to pass legislation to enforce the ___________ and _____________ rights guaranteed by the Fourteenth Amendment, as long as there is “_________________” between the injury to be prevented or remedied and the means adopted to achieve that end.
The Section 5 Enabling Clause of the Fourteenth Amendment permits Congress to pass legislation to enforce the equal protection and due process rights guaranteed by the Fourteenth Amendment, as long as there is “congruence and proportionality” between the injury to be prevented or remedied and the means adopted to achieve that end.
Congress may override state government action that infringes upon ___________ rights if the “congruence and proportionality” test is satisfied, but it may not regulate wholly _______conduct under this amendment.
Congress may override state government action that infringes upon Fourteenth Amendment rights if the “congruence and proportionality” test is satisfied, but it may not regulate wholly private conduct under this amendment.
State legislators are immune from liability for actions within the ___________. This _________ include speaking with reporters.
State legislators are immune from liability for actions within the sphere of legitimate legislative activity. This does not include speaking with reporters.
Statutes limiting campaign contributions are subject to ____________: they must be “_________” to correspond with a sufficiently important interest. Laws may limit contributions to individual candidates, but not to ___________.
Statutes limiting campaign contributions are subject to intermediate scrutiny: they must be “closely drawn” to correspond with a sufficiently important interest. Laws may limit contributions to individual candidates, but not to ballot measures.
Restrictions on commercial speech, such as advertising, are subject to intermediate scrutiny and are reviewed under a four-part test: (i) it must concern _____ and be ______; (ii) the asserted government interest must be _____; (iii) the regulation must ____ the asserted interest; and (iv) the regulation must be _____ to serve that interest.
Restrictions on commercial speech, such as advertising, are subject to intermediate scrutiny and are reviewed under a four-part test: (i) it must concern lawful activity and be neither false nor misleading; (ii) the asserted government interest must be substantial; (iii) the regulation must directly advance the asserted interest; and (iv) the regulation must be narrowly tailored to serve that interest.
A fraudulent misrepresentation gives the person defrauded the chance to avoid a contract with the person who made the fraudulent assertion. __________of a known fact is tantamount to an assertion that the fact does not exist, if the party not disclosing the fact knows that disclosure would correct a mistake of the other party as to a basic assumption of the contract, and the failure to disclose would constitute lack of good faith and fair dealing.
A fraudulent misrepresentation gives the person defrauded the chance to avoid a contract with the person who made the fraudulent assertion. Nondisclosure of a known fact is tantamount to an assertion that the fact does not exist, if the party not disclosing the fact knows that disclosure would correct a mistake of the other party as to a basic assumption of the contract, and the failure to disclose would constitute lack of good faith and fair dealing.
in order for a contract to be voidable for duress, there must be an improper threat that deprives a party of a ____________. Generally, the threat of civil action is not improper unless it is made ___________.
in order for a contract to be voidable for duress, there must be an improper threat that deprives a party of a meaningful choice. Generally, the threat of civil action is not improper unless it is made in bad faith.
A defendant has the right to the assistance of counsel at any trial that results in a ____________, even when _____________.
A defendant has the right to the assistance of counsel at any trial that results in a sentence of incarceration, even when that sentence is suspended.
The police are under no obligation to inform a suspect that an attorney has been trying to reach him, and may even withhold that information intentionally, so long as the Sixth Amendment right to counsel has not yet attached.
The police are under no obligation to inform a suspect that an attorney has been trying to reach him, and may even withhold that information intentionally, so long as the Sixth Amendment right to counsel has not yet attached.
