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MLS Ruple Class > Ruple Mid-Term > Flashcards

Ruple Mid-Term Flashcards

1
Q

What are the 4-sources of Law

A

Common law, Statutory law, Regulatory law, Constitutional law

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2
Q

What are the 3-branches of government

A

Judicial, Legislative, and Executive

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3
Q

What law is under the Judicial branch

A

Common Law

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4
Q

What law is under the Legislative branch

A

Statutory Law

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5
Q

What law is under the Executive branch

A

Regulatory Law

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6
Q

Who “makes” Common Law

A

The courts

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7
Q

Who “makes” Statutory Law

A

Congress and Legislatures

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8
Q

Who “makes” Regulatory Law

A

Administrative Agencies

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9
Q

How is Common Law made

A

Case by case

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10
Q

How is Statutory Law made

A

Bill is proposed/drafted in the legislature and they vote on it. If approved, it passes to the executive branch (either state governor or President) has to sign the bill. If not, it is vetoed and sent back to the legislature

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11
Q

How is Regulatory Law made

A

Rulemaking and adjudication

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12
Q

Main trait of Common Law

A

Retrospective and flexible

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13
Q

Main trait of Statutory Law

A

Anticipatory and prospective

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14
Q

Main trait of Regulatory Law

A

Gap-filling

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15
Q

What is the court structure

A

Federal Courts and State Courts

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16
Q

What Federal court structure is required to get to SCOTUS

A

US District District Court, US Court of Appeals, SCOTUS

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17
Q

What State court structure is required to get to SCOTUS

A

State Trial Courts, State Appellate Courts, State Supreme Court, SCOTUS

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18
Q

What are the 3-key principles of Constitutional Law

A
  1. Limited federal government (only has powers the Constitution gives it) 2. Checks and Balances (branch of federal govt. only has the powers the Constitution gives it) 3. Federal Supremacy (federal govt. power trumps state law)
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19
Q

What is the Property Clause of the Constitution

A

Congress has the power to make rules/regulations respecting the territory or other property belonging to the U.S. government

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20
Q

What is the Supremacy Clause of the Constitution

A

Federal laws take precedence over state laws and state constitutions

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21
Q

What are the powers of Congress

A
  1. Taxes, 2. Provide Defense, 3. Borrow Money, 4. Regulate Commerce, 5. Bankruptcies Rules, 6. Coin Money 7. Constitute tribunals 8. Declare War 9. Make laws that can execute the above powers
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22
Q

What are the limits on the Powers of Congress

A
  1. Cannot delegate its powers to the executive branch without giving the agency an intelligible principle to follow; 2. Congress cannot grant another branch its lawmaking powers 3. Congress cannot end-run around the Constitutions imposed structure for lawmaking
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23
Q

What are the Powers of the President

A
  1. Executive Power, 2. Commander in Chief (Army and Navy), 3. Can grant pardons, 4. Can make treaties, 5. Appoint judges of SCOTUS, 5. Fill Senate vacancies 6.
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24
Q

What are the limits on the Powers of the President

A
  1. Can only remove certain appointees (can not remove appointees who Congress has specified should be independent or may only be removed for cause) 2. Agencies can only have powers that Congress gives them
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25
Q

What is Standing

A

Who can bring a case to SCOTUS

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26
Q

What are the limits on the Powers of SCOTUS

A
  1. Can only hear cases or controversies, 2. Can not issue advisory opinions, 3. Cases or controversy exist only where the parties before the court have standing
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27
Q

What are the required elements for Standing

A
  1. Must have suffered an “injury in fact” (concrete and actual or imminent) 2. Traceable connection injury to the defendant 3. Must be “likely” as opposed to merely speculative that the injury will be redressed by a favorable decision
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28
Q

What is Ripeness

A

The readiness of a case for litigation, if it has contingent events or injury it is not ripe. The goal is to prevent going to court to early.

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29
Q

What is Moot

A

When further legal proceedings would have no effect, except if there is a reasonable expectation that the defendant will repeat their action, or if the defendant voluntarily ceased the action following the start of the case

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30
Q

What is the Political Question Doctrine

A

What cases a court may hear

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31
Q

What cases will a federal court not rule on

A
  1. Assigned by the Constitution to a different branch of government 2. Inherently not one that the judiciary can decide
32
Q

What is the Commerce Clause

A

Congress shall have the power to regulate commerce with foreign nations, and among states and Indian tribes

33
Q

The range of the Commerce Clause

A
  1. Regulate what flows through the channels of commerce (food, drugs, cars) 2. Regulate the instrumentalities of Commerce (planes, trains, automobiles 3. Regulate activities that “substantially affect” commerce (economic activities, including intrastate activities that have an effect on interstate commerce)
34
Q

Test for substantial economic effect:

A
  1. Regulated activity commercial or economic in nature, 2. The statue includes a jurisdictional element that limits its reach, 3. Did Congress make findings of the regulated activities impact on commerce
  2. Is the link between the regulated activity and commerce activity being forced (not as clear)
35
Q

What is the Dormat Clause

A

States may not discriminate against other states in interstate commerce; the limitation on a state’s ability to regulate commerce implied by the Commerce Clause

36
Q

What is the Necessary and Proper Clause

A

Congress has the power to male all Laws that are necessary and proper for carrying out the powers established by the Constitution

37
Q

What are the 3-levels of Constitutional Scrutiny

A

Rational Review, Intermediate Scrutiny, and Strict Scrutiny

38
Q

What are the Freedoms of the 1st Amendment

A

Freedom of Religion, Freedom of Speech, Freedom of Press, Freedom to Assemble

39
Q

What are the Rights of the 1st Amendment

A
  1. Right against the “establishment” of religion, 2. Right to freely exercise religion, 3. Right to speak, 4. Right of press, 5. Right to peaceably assemble, 5. Right to petition the government
40
Q

What are the Rights of the 1st Amendment

A
  1. Right against the “establishment” of religion, 2. Right to freely exercise religion, 3. Right to speak, 4. Right of press, 5. Right to peaceably assemble, 5. Right to petition the government
41
Q

What is the Equal Protection Clause 14th Amendment

A

No state shall deny any person within its jurisdiction the equal protection of the laws

42
Q

What is Substantive Due Process

A

Protects against undue governmental infringement upon fundamental rights

43
Q

What is Fundamental rights

A

Rights recognized historically, and right that if not recognized would result in injustice or contravene liberty

44
Q

What is Due Process and Equal Protection under 5th Amendment

A

No person shall be deprived of life, liberty, or property without due process of the law

45
Q

Strict Scrutiny under the Equal Protection Clause

A

Law burdening the fundamental rights of some classes

46
Q

Intermediate Scrutiny under the Equal Protection Clause

A

Laws burdening “important but not constitutional” rights

47
Q

Rational Basis under the Equal Protection Clause

A

Non-fundamental rights

48
Q

What are the three classificagtions of review

A

Suspect class, quasi-suspect class, non-suspect class

49
Q

What class falls under Strict Scrutiny

A

Suspect Class

50
Q

What scrutiny falls under Quasi-supsect Class

A

Intermedate Scrutiny

51
Q

What scrutiny falls under Non-Suspect Class

A

Rational Basis

52
Q

What is reviewed under suspect class

A

race, ethnicity, national origin, alienage

53
Q

What is reviewed under quasi-suspect class

A

gender, legitimacy

54
Q

What is reviewed under non-suspect class

A

age, poverty, sexual orientation

55
Q

What is the Trial Court function

A

Resolve disputes between specific parties

56
Q

Function of Appellate Courts

A

Resolve disputes between specific partes AND establish what the law is on the issue

57
Q

What is the Trial Court expertise

A

Finding facts - determining what happened

58
Q

What is the Appellate Court expertise

A

Saying what the law is and how it applies (e.g. interpreting statutes and regulation, developing the common law

59
Q

What is the Trial Court results

A

Judgement and subsidiary orders

60
Q

What is the Appellate Court results

A

Opinion (sometimes directions to lower court)

61
Q

Does the government always win or loose under Strict Scrutiny

A

Almost always loses

62
Q

Does the government always win or loose under Rational Basis Review

A

Almost always win

63
Q

What are the Exceptions to Free Speech

A

Obscenity, Fighting Words, Clear and Present Danger, Defamation, Fraud/False Advertising

64
Q

What is federalism

A

State powers

65
Q

What are the key objectives of the Constitution

A
  1. structure of federal government, 2. The 3-branches and their power, 3. Individual rights, 4. State and federal government relationship,
66
Q

Under Supremacy Clause what is Express Preemption

A

Federal statue or regulation states affirmatively that it preempts state law

67
Q

Under Supremacy Clause what is Implied Preemption

A

Effect of impact of federal law to preempt state law

68
Q

Under Supremacy Clause what is Conflict Preemption

A

Can’t comply with federal and state law. Or complying with state law significantly frustrates implementation of federal law (Marijuana laws)

69
Q

Under Supremacy Clause what is Field Preemption

A

Federal regulation is so extensive, it leaves no room for state regulations (occupies the field)

70
Q

What does a jury decide

A

Fact

71
Q

What does a judge decide

A

Law

72
Q

What is must you show in Constitutional Standing

A

Injury, Casual connection between the injury and the conduct, must be likely, not speculative

73
Q

What is Ripeness

A

To Early

74
Q

What is Mootness

A

To Late, or further legal proceedings would have no effect

75
Q

Did the Commerce Clause extended federal minimum wage laws

A

Yes

76
Q

5th Amendment Due Process applies to what part of Government

A

Federal Government

77
Q

14th Amendment Due Process applies to what part of Government

A

State Government

MLS Ruple Class (1 decks)

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