Quiz Questions! Flashcards
if an act is legal, is it also ethical?
NO, the law is the moral minimum
the “moral minimum” is
law
which one of the following describes the major difference between law & equity
the remedies available
a party may seek equitable remedies…
only if legal remedies are insufficient
contempt power allows a judge to
send a person who does not comply with a court order to jail
the rule of LAW differ from the rules of EQUITY:
the rules of law are very strict and inflexible
courts of equity…
do NOT involve juries
the only state which still has a separate court of law and court of equity is:
Delaware
Chelsea is a state court judge. Like judges in most state courts, in a particular case, she may grant:
a remedy in equity AND a remedy at law if the case warrants it
Starlight Cafe brings a suit, seeking a remedy at law. A remedy at law is
the payment of money or property as compensation for damages
the Commerce Clause has what effects?
- it provides a broad source of power for the federal gov to regulate the national economy
- it restricts state regulations that obstruct/unduly burden interstate commerce
which of the following activities is/are regulated by the fed gov through its exercise of the commerce power?
growing & selling medical marijuana
the USSC determined that a DC law criminalizing gun possession on school grounds was unconstitutional. The Court based their reasoning on the fact that this activity was…
neither commercial nor economic
the USSC held that the individual mandate provision included in “Obamacare” was…
constitutional, because it was a tax
in Burwell v Hobby Lobby Stores, the USSC held that an employer could not be required by law to provide its employee’s with free access to contraception under the:
exercise clause of the 1st Amendment
the following symbolic actions have been found by the USSC to be protected by the 1st Amendment to the US constitution:
burning an American flag
the 2nd Amendment protects an individual’s
right to bear arms
the USSC changed the law dramatically when they ruled in the DC v Heller and McDonald v Chicago cases, that possession of a weapon, under the 2nd Amendment is a
fundamental right
the provision in the constitution that requires all states honor each other’s laws and court decisions, is known as the
full faith & credit clause
UVA may charge out of state students more for tuition based on
a limit (exception) to the privileges and immunity clause
The ___ and ___ Amendments prohibit the fed and state govs from depriving anyone of life, liberty, or property w/o due process of law
5th & 14th
the exclusionary rule means:
evidence that was obtained through an illegal search & seizure may not be used at trial
in Miranda v Arizona, the USSC found that an individual:
- has the right to remain silent
- that anything an individual says can be used against him in a court of law
- that an individual has the right to an attny
the USSC held in Ohio v Terry that a police officer may temporarily stop & frisk a person for weapons if:
they have reasonable suspicion that the defendant is armed and has possibly committed a crime
the police need to have ____ in order to briefly detain an individual; known as a Terry Stop
reasonable suspicion
the 4th Amendment to the Constitution:
prohibits unreasonable search & seizure
the 4thA prohibition on unreasonable searches & seizures w/o a warrant and probable cause, had little effect for more than a century after it was ratified because:
there was no exclusionary rule
