Leg & Soc Test 1 Flashcards
The Socialist agenda includes?
1) liberty2) Social Welfare3) Fulfilling work4) Community5) Equality6) Rationality
Incorporate Responsibility Pyramid
Bottom:-Be Profitable-Be Legal-Be Ethical-Be Philanthropic (giving)TOPestablished by Archie Carroll
Deontology
Means used to achieve the ends for a decision to be correct has to have ethical means (ex. stealing wrong)
Teleology
Branch of Utilitarianism.. ethical nature of a decision is measured by the outcome (ex. stealing for starving kids is okay)
Stakeholder Approach
Triple bottom line; keeping one stock in company (ex. stock holders, community, New Belgium) attempts to satisfy all of these people
Shareholder Apprach
invest in Company to get money -max profit to shareholders
Preconventional level
1) obey rules to avoid punishment2) follow rules in own interest; conform to secure rewards–think about self
Conventional level
3) conform to meet the expectations of others, please others and adhere to stereotypical images4) doing right is one’s duty obey the law, uphold the social order–Do things for the common good
Post Conventional level
5) current laws and values are relative: laws and duty are obeyed on rational calculations to serve the greatest number6) Follow self-chosen universal ethical principles, in the events of conflicts, principals override laws–principal based
Why do we have law at all?
1) to maintain order2) peaceful conflict resolution3) to maintain freedom within bounds of law4) preservation of justice
How to brief a case?
1) facts2) issue (question)3) holding (actual law that comes out of case)4) reasoning
Graff & Hausmon vs Beard
-is a social host liable for intoxicated guests?Hausman mashes Beard and Beard sues Hausmon and Graff; Social host is not liable for their guests
Substantive law
creates legal rights
Procedural law
deals with mechanisms to enforce the rights (ex. speedy trial)
Law by Judicial decision
ex. Graff & Houson vs Beard–> social host not liableCase law: also known as common law
Stare decisis
“let the decision stand”
Law by Enactment
law made by legislative body (ex. US Congress, in Iowa no greater speed than 70 mph passed by legislature)
Public Law
deals with relationship between government and citizens (ex criminal law)
Private law
deals with relationships between citizens themselves (ex. divorce, child custody)
Civil law
addresses issues between private entities including corporations
Criminal law
involves wrongs against society (ex. murder and theft)
What 2 things have to exist for crime to exist?
1) mens rea-“evil intent”2) actus reas-“evil act”
What are the different types of crimes?
1) treason2)misdemeanor3)felonies
Treason
a) committing an act of war against USb) give aid and comfort to an enemy not of US
Misdemenors
less serious crimes ex. theft, public intox, public–punishable by fine or by imprisonment for no more than one yeartypes: simple, serious, aggrevated
Simple Misdemenor
2nd level more serious-OWI–> max 30 days in jail $500 fine
Serious Misdemenor
OWI–up to 1 year in jail up to $1500 fine–assult causing bodily injury -jail– week
Aggravated Misdemenor
assult with intent to cause bodily injuryex 2nd offense OWIpunishment– 2 years in prison $5000 fine
Felony
ex. drug charges, bad assaults A-D types–can take away right to vote; right to a fire armA) most serious (ex 1 murder; 2 kidnapping; 3 arson)
Double Jepordy
can’t be tried for same crime twice; must be the same transaction or occurrence-it attaches when 1st juror is called and sworn in
State Court System
-district court start-jury-can appeal to Iowa Court of Appeals-Iowa Supreme Courts-US Supreme Courts
Federal Court System
four of them in Iowa (Davenport, Cedar Rapids, Sioux City, Des Moines)-2 ways–if involves federal question ex crime, bankruptcy or combination of diversity of citizenship (citizens from 2 different states and amount in controversy of amount 75000+then appeal to US Supreme Court
Jurisdiction
power of court to hear a case
Inrem Jurisdiciton
jurisdiction over land –logical, obvious–place land is located
Inpersoam jurisdiction
personal jurisdiction a)logical–resident of stateb) or stupidc) or sufficient minimum contacts with state (don’t know what they are only find case by case)ex. Sherburne County Soc. Serv. v. Kennedy
Sherburne County Soc. Serv. v. Kennedy
–MN 1984, Kennedy and girl (fling)–> alleged sperm in MN and Montana 9 mo later babycourt said no sufficient min
Long Arm Statute
local law- haul person back to sate-conceived in Montanta
Year the Constitution passed
1787
Venue
proper geographic location to hear a case (most of time no brainer)
Petiton
prepared document (complaint)–ex On jan 28 you ran me over with your car causing me damages
Civil Trial
1-petition2- serve document to house with deputy sheriff (20 days to answer(sit quietly for a long time 18 mo)3-discovery 4-interogatories(sit quietly)5- 6 mo before trial depositions
Discovery
primary information gathering stage in the pretrial process
Interogatories
physical and mental examinations (answers to written questions)
Depositions
live in person ask every question possible written transcript of this event
Plantiff or Prosicutor
carries burden– have to prove
Burden of Proof
1) by a preponderance–CIVIL TRIALS ONLY –more than likely caused damages –loose money2)Clear and Convincing Evidence- Y=psychiatric commitment, Juvenile, Drug Commitment–benefit from treatment3)Beyond a Reasonable Doubt- CRIMINAL ONLY–jailgoing down the list more likely to occur
ADR (Alternative Dispute Resolution)
-Mediation and Arbitration
Mediation
voluntaryyou and lawyers and third partytry to come to agreementnot stuck with it–can still go to trial
Arbitration
usually binding and probably agreed ahead of time (contract)plan for failureyou and me, third party stuck with their decision
Amendment 1
freedom of religion, of speech, press, assemble, and petition government
Amendment 2
right to keep and bear arms
Amendment 3
owner has to approve soldiers staying with you
Amendment 4
right against unreasonable search and seizure of your body, house, papers, effects, without probable cause and warrant
Amendment 5
right to remain silent, don’t have to testify against self, double jeopardy, can’t take life, liberty, due process of law
Amendment 6
right to speedy and public trail by jury
Amendment 7
$20 for jury trial
Amendment 8
No cruel and unusual punishment or excessive bail
Amendment 9
May be more rights
Amendment 10
Power in individual states–intentnot suppose to be centralized power
How can Law be changed?
1) if 2/3 of state legislatures call a constitutional convention for proposing amendments2) 2/3 of house and senate propose an amendment then has to be passed by 3/4 of states
Amendment 1
-trying to get away from king to believe in church of England-letter written by Thomas Jefferson–> separation of church and stateex. Kentucky HS wants to lead FB with a prayer over the PA systemReligion case–> sue sate of Cali– pledge of alligenceSpeech–> have the right
Political Speech
any deeply or personal beliefs gets highest protection under constitutionstate cannot stop you from speaking unless there is a compelling state interest–> standard very high doesn’t mean right to be heard
Symbolic Speech
not spoken; Texas guy 80’s wanted to be arrest for flag burning from East CoastRonald Reagan Speech–burnt flag in front of speaker
Texas vs Johnson
symbolic speech can do it.. sing patriotic songs; and wave flag
West Barrow Baptist Church
protest funerals
Cross-Claim
bring another defendant in
Peadings
petition and answer
Hate Speech
theory can’t say something to another person they would find offensive based on race, color, sex, religion, or sexual orientationex. Little lady–offensive
Lota Xi vs George Mason University
Lota offensive fraternity fundraiser contest cash prizeugly woman contest–in Student Unionman put black pain on –black girls sawPresident kicked students off–said can be idiots in publicCounter protest: can be idiot in public if you want to –encourage people not to go
Klu Klux Klan
adopt highway in St Louis MissouriMissouri said no; supreme court said yesSt Louis–renamed stretch of highway Rosa Parks Hwy cleaned by Klu Klux Klan
Commercial Speech
frog flipping off–intent obviousNY State trying to protect kids–hyvee workers –can use it Parents job to keep awaynot regulated as strict
4th Amendment
case: Terry vs OhioPolice watching 3 men with long coats walking in front of store and looking inOfficer —Terry Stop– stop and friskrequirement: if reasonable suspicion that criminal activity is about to happen can frisk for officer safetyshot gun in Terry’s coat–> arrest him for having gun and being criminalTerry said no probable causereasonable suspicion is enough
exclusionary rule
shroot of the poisonous tree bad search all evidence counted outreasonable suspicion is enough
Case
officer thinks he looks funnydoesn’t tell name–officer pats down and finds cocaine in pocketwar on drugs–can take the drugs
Reasonable expectation in car?
weapon line within your grasp–can search carex bat for softball, 9 iron–weapon?-car frisk if weapon in line
House Frisk
police at house to question you with no search warrantpeople who might be lying in wait to ambush officerscourt said finding clothes in washer bloody fine
Dike, IA Cop
looks for cars he doesn’t know and runs license follows for 2 miles pulls over for weaving in own lanejudge-not good reasonable to pull over-then loose–no reasonable privacy of license plate
Curtilage
around the house have privacy (case by case)
Privacy in open field?
corn around perimeter of field inside of field short green plants
Suspected Rapist
women thinks she knows who did person won’t give DNA samplePolice type up false letterhead from law firm person has to send letter backtake DNA from the letter
Serial Rapist
volunteer at rape crisis centerpolice send undercover at rape volunteer center and take McDonald’s cup out of the trash from the man and use it for DNA
eminent domain
-ability for a government to take property as long as its for legitimate public purpose-have to give you just compensation (fair)-total taking- don’t get itpartial taking- still your property restrict way you can use your property ex. UNICompensation for partialcan’t take my life, my liberty, or property
