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law in society > LS: exam 2 > Flashcards

LS: exam 2 Flashcards

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1
Q

how do common law and civil code evolve differently?

A

common law evolves over time; civil code gets updated in fits and starts

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2
Q

the power to legislate is under

A

the constitution

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3
Q

what powers a body has to legislate is determined by

A

the Supreme Court

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4
Q

Where federal government has clear authority

A

they win

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5
Q

when states have delegated or reserved authority

A

they win

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6
Q

basic hierarchy exists between

A

states and local governments

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7
Q

when there is a controversy

A

a court decides

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8
Q

to declare what the law shall be

A

is a legislative power

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9
Q

to declare what the law is

A

is a judicial power

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10
Q

to declare how the law will be implemented

A

is an executive power

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11
Q

ex-post facto law

A

penalizes a party for taking actions that may be illegal today but was not illegal at the time the act was committed

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12
Q

bill of attainder

A

piece of legislation that declares a party is guilty of a crime

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13
Q

stare decisis

A

the bias to follow precedent from higher level courts

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14
Q

holding

A

court’s decision on a matter of civil procedure

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15
Q

dictum

A

any statement or opinion made by a judge that’s not required as part of the legal reasoning to make a judgment in the case

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16
Q

impeachment of testimony

A

discrediting/undermining the credibility of a witness by presenting evidence and asking questions that shows there is inconsistency, bias, or even a lie

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17
Q

state v butler

A

discussed how a defendant could be impeached by use of prior inconsistent statements

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18
Q

retroactive effect

A

Applies things backwards. In Dempsey v. Allstate the court finds sometimes retroactive application is so disruptive that Courts only apply things prospectively.

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19
Q

prospective effect

A

applies to future events

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20
Q

res judicata

A

already decided

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21
Q

statute of limitations

A

limits bringing in certain kinds of legal actions

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22
Q

what happens in a common law system when there is no precedent

A

This is known as a “case of first impression” and judges are required to make a decision on the issue even though there is no precedent binding on the case

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23
Q

Strunk v Strunk

A

Does a court of equity have the power to permit a kidney to be removed from an incompetent ward of the state upon petition of his committee, who is also his mother, for the purpose of being transplanted into the body of his brother, who is dying of a fatal kidney …

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24
Q

restitution

A

giving something back to someone that was lost or stolen; or paying for the expenses of the loss

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25
Q

award damages

A

to order one party in a dispute to compensate another party for a loss or injury

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26
Q

common law remedies

A

compensatory, punitive, nominal, liquidated, replevin, ejectment

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27
Q

equitable remedies

A

specific performance, recission, reformation, injunction

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28
Q

blocks

A
  1. is there a case or controversy
  2. is the case ripe
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29
Q

Jeffrey lee Chane v Lynn hales Chane

A

the Court held the appeal of a district court’s decision to return a child to his country of residence is not precluded by the child’s departure from the United States.

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30
Q

laches

A

can limit access to equitable remedies

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31
Q

clean hands doctrine

A

person coming to court with a lawsuit or petition for a court order must be free from unfair conduct

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32
Q

claim preclusion (res judicata)

A

prevents a party from re-litigating a claim once a court has issued a final judgment on that claim

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32
Q

do the parties have standing?

A

aka: do they have legal sufficient personal interest

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33
Q

immunity

A

keeps someone from being able to sue you

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34
Q

who is the most immune?

A

the government and the law

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35
Q

sovereign immunity

A

the fact that the government cannot be sued without its consent.

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36
Q

respondeat superior

A

basically allows injured person to hold a company liable for the actions of its employees or agents if within the scope of their employment

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37
Q

one cannot be deprived of life, liberty, or property without

A

due process of law

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38
Q

due process of law protects us from

A

arbitrary, oppressive, and unjust acts

39
Q

substantive due process

A

the law itself must fairly deal with challenges to life, liberty, and property

40
Q

procedural due process

A

about the fairness of how the matter is heard (court looks to see if adequate notice and ability to be heard)

41
Q

equal protection

A

we have the right to be treated the same as everyone else

42
Q

constitution put out to colonies

A

1787

43
Q

our nation’s original sins

A

slavery and indentured servant

44
Q

number of representatives per state is determined by

A

the state’s population

45
Q

how many senators per state

A

2

46
Q

decennial census

A

every 10 years the US census bureau conducts census to determine number of people living in US

47
Q

house controls

A

impeachment process

48
Q

senate tries

A

impeachment

49
Q

Vice President breaks

A

tie vote in senate, where he or she presides

50
Q

congress gets control of

A

Washington DC, residents have no representation

51
Q

president is the only officer in the country that must be

A

natural born citizen

51
Q

grounds for impeachment

A

treason, bribery, or high crimes and misdemeanors

52
Q

article 2

A

executive branch: powers include making treaties with other nations. appointing federal judges, department heads and ambassadors, and determining how to best run the country and military operations

53
Q

article 1 of constitution

A

creates a congress consisting of a senate and house of reps

54
Q

article 3

A

establishes Supreme Court and the judicial branch

54
Q

article 4

A

-introduces concept of full faith and credit between states. we have to respect and follow other states’ laws.
-introduces concept of equal protection under laws
-allows for adding extra states

55
Q

article 5

A

-describes amendment process
-founding fathers knew perfection wasn’t achievable and knew there were changes we’d have to make in order to govern oneself
-requires congress to propose and pass an amendment and then send to states then states must ratify it

56
Q

article 6

A

describes federal supremacy
-federal trumps state, state trumps local, local trumps nothing

57
Q

article 7

A

describes ratifications of original document as a confederacy of the willing

58
Q

first ten amendments is known as

A

the bill of rights

59
Q

2nd amendment

A

right to bear arms

59
Q

1st amendment

A

freedoms of religion, speech, press, and redress from government (free to say something but not free from the ratifications of saying it)

60
Q

3rd amendment

A

freedom from quartering soldiers

61
Q

4th amendment

A

freedom from unwarranted search and seizures

62
Q

5th amendment

A

right to remain silent

63
Q

7th amendment

A

right to jury in civil cases

63
Q

6th amendment

A

right to jury and lawyer in criminal cases

64
Q

8th amendment

A

freedom from excessive bail or cruel and unusual punishment

65
Q

9th amendment

A

retention of rights of citizens

66
Q

10th amendment

A

retention of rights of states

67
Q

13th amendment

A

ends slavery and extends citizenship

68
Q

14th amendment

A

extends due process rights

69
Q

15th amendment

A

right to vote

70
Q

18th amendment

A

prohibition begins
-“elimination of alc from US”

71
Q

19th amendment

A

women get right to vote

72
Q

21st amendment

A

beer comes back

73
Q

22nd amendment

A

presidents limited to 2 terms

74
Q

23rd amendment

A

presidential succession

75
Q

26th amendment

A

18 year olds, who had been drafted for military services for years, were allowed to vote

76
Q

government controls

A

criminal prosecution

77
Q

criminal law

A

-deals with the actual crime and legal punishments of the criminal offense
-primarily statutory with only influences from common law, therefore much more like civil code

78
Q

punishment must be

A

proportional to crime committed

79
Q

components of most crimes

A
  1. wrongful act
  2. guilty mind
  3. concurrence of act and intent
  4. causation (sometimes)
80
Q

state of Kansas v. Dinh Loc Ta

A

-requires wrongful act as its own component
-judge has to look at facts in the light most favorable to the prosecution and did they make a favorable showing of lewd touching?
-court found basically that they were using his “guilty mind” or his intent as proof of wrongful act
-have to have an actual act; can’t punish merely for bad thoughts

81
Q

at common law a crime would require

A

-general intent
-specific intent
-criminal negligence

82
Q

commonwealth v berggren

A

berggren led officer aselton on a high speed chase during which officer aselton was killed. Did Mr. Berggren’s actions “cause” Aselton’s death?

83
Q

inchoate crimes

A

crimes in which preparation to commit a crime becomes a crime in and of itself

83
Q

defenses to crimes

A

alibi, good character, justifications (self defense or choice of evils)

83
Q

United States v Juan Donaldo Perdomo-Espana

A

-immigration
-he had to come to US for medical help or he’d die
-had to take in both accounts

84
Q

United States v Scott

A

were threats from a drug dealer enough to establish a coercion justification?

85
Q

elements of coercion justification

A
  1. immediate threat of death or serious bodily harm
  2. well-grounded fear threat will be carried out
  3. no reasonable opportunity to escape
86
Q

constitutional law

A

establishes governmental authority and power, as well as limitations and grants of rights.
federal and state

87
Q

criminal procedure

A

concerns enforcement of individuals rights during criminal process

88
Q

power to declare legislative acts unconstitutional in the province and the duty of the ______ even though there is no express constitutional grant of the power

A

judiciary

law in society (1 decks)

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