Unit 1

Question 1

Where in the constitution is congress given power to tax?

Answer 1

Article 1, Section 8, Clause 1

Question 2

What amendment gave the federal government power to impose taxes?

Answer 2

The 16th

Question 3

What does the constitution protect interstate commerce from?

Answer 3

Discriminatory state taxes

Question 4

What tax law scheme did Hawaii have?

Answer 4

A 20% illegal tax on outside alcohol

Question 5

What tax law scheme did Michigan have>

Answer 5

Not taxing state employees retirement benefits but taxing retried employees benefits

Question 6

What was a tax scheme by Maryland ?

Answer 6

It allowed counties to have higher taxes on income earned outside the state of the state

Question 7

What was a tax scheme by Illinois ?

Answer 7

A 5% tax on outbound and inbound long distance calls.

Question 8

Where can authorities search without a warrant ?

Answer 8

Junkyards and railroad employees involved in accidents (Skinner v Railway Labor Executives Assoc.)

Question 9

What is the exclusionary rule?

Answer 9

If evidence is brought into the court but was obtained illegally (eg w/o a warrant) then that evidence has to be thrown out.

Question 10

What is self-incrimination?

Answer 10

Protection to people to where they cant testify against themselves. This only applies to people not corporations.

Question 11

Braswell v United States

Answer 11

CEO’s have to be brought to the stand, he didn’t want to approach because incriminating evidence not related to the tax fraud would be brought against him, but the 5th amendment didn’t apply to him because the was representing a company not just himself.

Question 12

What are the lower courts called?

Answer 12

The courts of original jurisdiction

Question 13

Appellate courts are courts of _______

Answer 13

Appellate Jurisdiction

Question 14

What is judicial immunity?

Answer 14

Where is judge cannot be sued for damages for judicial acts

Question 15

Jurisdiction?

Answer 15

The Right court to hear a case

Question 16

Original Court?

Answer 16

Hears the case first with a jury

Question 17

Appellate Court?

Answer 17

No jury, 3 judge review and they hear the case on appeal from a lower court

Question 18

General Court?

Answer 18

Where the judge hears a broad spectrum of cases

Question 19

Limited Court?

Answer 19

It is where the judge only hears specific types of cases

Question 20

What about federal judges?

Answer 20

Appointed by nomination by presdeints or by majority vote in the US Senate, and they get lifetime appointment

Question 21

Who is SC Federal Judge?

Answer 21

The Honorable Bruce Hendricks

Question 22

South Carolina is in what district of federal court.

Answer 22

The 4th

Question 23

What is hearing in banc

Answer 23

Where all active judges will hear a case in the circuit

Question 24

Why does judicial immunity apply?

Answer 24

Because if they were appointed by a federal court judge to do a specific task like spltting up property

Question 25

Limited Jurisdiction court?

Answer 25

US bankruccpty cases, US court of fdea claims, US Tax court, court of appeals for the federal circuit (takes appeals from patent, trademark and copyright cases, us court of federal claims and the US Court of international claims)

Question 26

Masterpiece Cake Shop Case

Answer 26

It was said that they were not the cake was freedom of speech.

Question 27

Limited Jurisdiction courts

Answer 27

US Bankruptcy Court, US Court of Federal Claims, US Court of International trade, US Tax court

Question 28

How many cases does the US Supreme court see each year?

Answer 28

70-80 opinions per term

Question 29

Where does the supreme case reviews cases from ?

Answer 29

US Courts of appeals, Highest courts of the states.

Question 30

Federal Civil Procedure?

Answer 30

1) Pleadings
2) Discovery
3) Trial Procedures

Question 31

Personal Jurisdiction

Answer 31

Courts needs jurisdiction over either defendant or defendants property

Question 32

What happens if a court hears a case without proper jurisdiction.

Answer 32

The case is null in void

Question 33

When do federal courts hace subjects matter jurisdiction if ?

Answer 33

US Constitutional issue is involved or US is a party to the suit or case involves citizens of states

Question 34

What is resolved in state courts?

Answer 34

Probate court, domestic/family court, and small claims court

Question 35

Probate court?

Answer 35

Wills and Trust Issues

Question 36

Domestic/Family Court

Answer 36

Divorces, Child Custody

Question 37

Small Claims Court

Answer 37

Limited claims of usually $5000 or less, sometimes up to $10,000 will be heard

Question 38

in rem jurisdiction

Answer 38

Where defendants property is located creates jurisdiction.

Question 39

Concurrent Jurisdiction

Answer 39

When federal and state courts when diversity of citizenship