test 1 more Flashcards
Q: What is the difference between primary and secondary sources of law?
A: Primary sources of law are documents that establish the law, such as constitutions and statutes, while secondary sources describe or summarize the law, like legal commentaries.
Q: What is an equitable maxim?
A: Equitable maxims are guidelines in equity courts that favor substance over technicalities and aid the vigilant but not those with unclean hands.
Q: How does a common law system differ from a civil law system?
A: The common law system relies heavily on court precedents and fewer statutes, whereas the civil law system is based on detailed statutory codes with less emphasis on judicial decisions as precedents.
Q: What are the key distinctions between criminal and civil cases?
A: Criminal cases involve offenses against society and require proof beyond a reasonable doubt, while civil cases focus on rights and responsibilities between individuals and require a preponderance of evidence.
Q: What is the significance of the separation of powers and checks and balances?
A: These mechanisms prevent any one branch of government from gaining too much power, ensuring a balance in the federal system.
Q: Describe the Dormant Commerce Clause.
A: The Dormant Commerce Clause refers to the principle that state legislation should not conflict with federal law or unduly burden interstate commerce.
Q: What impact did Wickard v. Filburn have on federal regulatory power?
A: It expanded federal regulatory power under the Commerce Clause to include local activities that indirectly affect interstate commerce.
Q: How is commercial speech regulated differently from political speech?
A: Commercial speech is more regulated and can be restricted, such as advertising, whereas political speech is fully protected.
Q: What are the levels of scrutiny applied in Equal Protection Clause cases?
A: Strict scrutiny for race-based distinctions, intermediate scrutiny for age and gender, and rational basis for all other distinctions.
Q: What does procedural due process ensure?
A: It ensures the right to a fair trial and hearings.
Q: What is in rem jurisdiction?
A: In rem jurisdiction relates to the court’s control over an object or property in dispute, typically real estate.
Q: What does standing require in a lawsuit?
A: Standing requires that the plaintiff must have a direct stake in the outcome of the case.
Q: Describe mediation as a type of ADR.
A: Mediation involves a mediator helping parties reach a voluntary settlement.
Q: What is the purpose of alternative dispute resolution (ADR)?
A: ADR provides mechanisms for resolving disputes outside traditional court settings, often being faster, cheaper, and more private.
Q: What is federal jurisdiction exclusive to?
A: Federal jurisdiction is exclusive to cases involving federal statutes, such as copyright and patent laws, and admiralty.
