test 1

Question 1

4 main sources of contemporary law

Answer 1

common law

the constitution

statutes

administrative

Question 2

common law

Answer 2

comes from england

stare decisis- let the decision stand

Question 3

the debate of the constitution

Answer 3

antifederalist- want limited gov, strong state rights

federalists- want strong central fed gov; wrote federalists papers (Alexander Hamilton)

Question 4

the constitution

Answer 4

establishes 3 branches of gov

establishes checks and balances

establishes fundamental rights (bill of rights are first 10 amendments to the constitution)

Question 5

article 1

Answer 5

legislative branch

Question 6

article 2

Answer 6

executive branch

Question 7

article 3

Answer 7

courts

Question 8

checks and balances

Answer 8

branches can check the power of the other branches

Question 9

fundamental rights

Answer 9

found in the bill of rights and subsequent amendments to the constitution

Question 10

criminal law burden of proof

Answer 10

beyond reasonable doubt

Question 11

civil law burden of proof

Answer 11

preponderance of the evidence

Question 12

the American system of gov rejects

Answer 12

the philosophy of utilitarianism

Question 13

utilitarianism

Answer 13

what is best for the majority is best. the ends justify the means; constitution establishes fundamental rights for all citizens

Question 14

federal statute that had major impact on employers and employees

Answer 14

title VII

Question 15

title VII

Answer 15

makes discrimination on the basis of race sex and other classifications in employment illegal

Question 16

rules for statutory interpretation

Answer 16

plain meaning rule

legislative history

public policy

Question 17

what gives fed gov the right to pass law regulating state commerce

Answer 17

commerce clause

Question 18

commerce clause

Answer 18

congress can pass any laws regulating commerce between the states

Question 19

dormant commerce clause

Answer 19

prevents states from passing laws preventing out of state companies from doing business in the state

Question 20

what happens when a state law conflicts with a federal law

Answer 20

the constitution supremacy clause says fed law trumps state law

Question 21

elements of tort of defamation

Answer 21

defamatory statement

falsity

communicated to a third party

injury

standard for press makes it harder to prove defamation (must show actual malice)- NYT vs Sullivan

Question 22

compensatory damages

Answer 22

designed to compensate individuals who are injured

Question 23

punitive damages

Answer 23

designed to punish bad actors and to deter wrongful conduct; must be based on fraud, faith, or gross negligence; there can be no punitive damages for mere negligence

Question 24

business torts elements

Answer 24

contract between plaintiff and a third party

defendant knew the contract

the defendant improperly included the third party to breach the contract

there was an injury to plaintiff

Question 25

business torts examples

Answer 25

tortious interference with contracts

Question 26

negligence claims must prove

Answer 26

duty

breach

causation

damages

Question 27

duty

Answer 27

plaintiff has to prove defendant owed them a duty

Question 28

breach

Answer 28

prove defendant breached duty of reasonable care with some action (ex. Causing a car accident)

Question 29

causation

Answer 29

prove the duty that was breached caused damages

fact- what happened ACTUALLY caused damages

Proximate cause- causation was foreseeable outcome of the breach of the duty

Question 30

damages

Answer 30

Cannot get punitive damages in negligence cases

Question 31

affirmative defenses to a negligence claim

Answer 31

contributory negligence

comparative negligence

Question 32

statute of limitations

Answer 32

state and federal statutes provide a deadline for when lawsuits must be filed; time begins when plaintiff knew or should have known about the claim

Question 33

contributory negligence

Answer 33

defendant is negligent, but plaintiff is partially at fault

Question 34

comparative negligence

Answer 34

committed by some other person that is also a proximate cause of the Plaintiff’s injuries.