Law Flashcards
Real property rights
Real property is the land, everything that is permanently attached to the land, and all of the rights of ownership, including the right to possess, sell, lease, and enjoy the land.
Private nuisance
A private nuisance is when one individual unreasonably interferes in the enjoyment of another individual’s use of their land. The most common cases involve nuisance among neighbors. Nuisance can involve anything that annoys, inconveniences, or discomforts the other party. Remedy is Money Damages
public nuisance
A public nuisance is an unreasonable, unwarranted, or unlawful interference with a right common to the general public. The sheer number of people affected doesn’t transform a private nuisance into a public one—rather, the public must be affected in a manner specifically prohibited by your city’s or state’s laws.
In general, public nuisances threaten a community’s health, safety, or overall welfare. Common types of public nuisance include pollution, drug activity, explosives storage, and possession of dangerous animals.
Remedy is stop the nuisance.
police power
In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants.
Dillon’s Rule vs Home Rule
Dillon’s rule allows a substate government to engage in an activity only if it is specifically sanctioned by the state government. Home rule state’s constitution grants municipalities and/or counties the ability to pass laws to govern themselves as they see fit unless noted otherwise by the state.
Tribal Lands
An Indian reservation is a legal designation for an area of land managed by a federally recognized Native American tribe under the U.S. Bureau of Indian Affairs rather than the state governments of the United States in which they are physically located.
Bill of Rights
The United States Bill of Rights comprises the first ten amendments to the United States Constitution.
What is a physical taking?
A physical taking occurs when the government encroaches upon private land for its own proposed use.
What is a regulatory taking?
A regulatory taking can arise although the government actions do not encroach upon or occupy the property but still affect and limit its use to such an extent that a taking occurs.
Due Process
Due process is the legal requirement that the state must respect all legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it. Govt gets the benefit of the doubt. no money damages, nullification of law.
Procedural: Fair procedure process of law
Substantive: Not how the law is being noticed, but what does the content of the law actually say
How do bills become a law?
Step 1: The bill is drafted. …
Step 2: The bill is introduced. …
Step 3: The bill goes to committee. …
Step 4: Subcommittee review of the bill. …
Step 5: Committee mark up of the bill. …
Step 6: Voting by the full chamber on the bill. …
Step 7: Referral of the bill to the other chamber. …
Step 8: The bill goes to the president.
Telecommunications Act of 1996
The Telecommunications Act of 1996 is the first major overhaul of telecommunications law in almost 62 years. The goal of this new law is to let anyone enter any communications business – to let any communications business compete in any market against any other.
Civil Rights Act of 1871
Congress followed the Civil Rights Act of 1870 with an 1871 law “to enforce the Provisions of the Fourteenth Amendment to the Constitution of the United States,” which came to be known as the Third Enforcement Act or the Second Ku Klux Klan Act. Like the prior year’s legislation, the act was designed in large part to protect African Americans from Klan violence during Reconstruction, giving those deprived of a constitutional right by someone acting under color of law the right to seek relief in a federal district or circuit court.
Civil Rights Act of 1968 / Fair Housing Act
On April 11, 1968, President Lyndon Johnson signed the Civil Rights Act of 1968, which was meant as a follow-up to the Civil Rights Act of 1964. The 1968 Act expanded on previous acts and prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, sex, (and as amended) handicap and family status. Title VIII of the Act is also known as the Fair Housing Act (of 1968).
Religious Land Use and Institutionalized Parsons Act (RLUIPA) of 2000
protect individuals, houses of worship, and other religious institutions from discrimination in zoning and landmarking laws
1st Amendment
The First Amendment to the U.S. Constitution protects the freedom of speech, religion and the press. It also protects the right to peaceful protest and to petition the government.
Speech - sex & signs, religion.
5th Amendment
nor shall private property be taken for public use, without just compensation.” - Takings, Exactions, Due Process
10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Police Power
14th Amendment
The 14th Amendment to the U.S. Constitution, ratified in 1868, granted citizenship to all persons born or naturalized in the United States—including former enslaved people—and guaranteed all citizens “equal protection of the laws.” One of three amendments passed during the Reconstruction era to abolish slavery and establish civil and legal rights for Black Americans, it would become the basis for many landmark Supreme Court decisions over the years.
Equal protection & Discrimination, Due process
Hadacheck v Sebastian
-Early zoning district said you can’t have a brick yard in a residential zoned. Pre-existing brick yard declared a “public nuisance”.
