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blaw exam 1 TTU
Professor Kelly's first exam review
| Question | Answer |
|---|---|
| First Amendment | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redre |
| Second Amendment | A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. -------------------------------------------------------------------------------- |
| Third Amendment | No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. -------------------------------------------------------------------------------- |
| Fourth Amendment | No unlienable searches and siezures |
| Fifth Amendment | no person can be held for capital or infamous crimes unless indicted by grand jury except in cases including the militia; everyone gets due process; no double jeapordy; cant take your stuff without compensation |
| Sixth Amendment | right to a speedy and public trial in the district the crime is committed |
| Seventh Amendment | In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules o |
| Eigth Amendment | Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted |
| Ninth Amendment | The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. |
| Tenth Amendment | The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. -------------------------------------------------------------------------------- |
| Eleventh Amendment | The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens. ---------------------------------------------- |
| Twelfth Amendment | How President and Vice-President are elected. If there is a tie 2/3 of the House of reps must vote for president and 2/3 of the senate must vote for vice-pres. If none is chosen then former vice-president becomes president on march 4th. |
| Thirteenth Amendment | Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States. Congress shall have power to enforce this article |
| Fourteenth Amendment | Gave slave citizenship, and states cannot infringe on rights of life, libery, etc. without due process of law |
| Fifteenth Amendment | The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude |
| Sixteenth Amendment | The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. |
| Seventeenth Amendment | The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. Governer of state will appoint senator if needed. |
| Eighteenth Amendment | Prohibition of Liquor |
| Nineteenth Amendment | Women can vote |
| Twentieth Amendment | New President instated on January 20th at noon and new senators and Reps. on the January 3rd. congress meets every 3rd day of jan. |
| Twenty-first Amendment | Repeals prohibition of liquor |
| Twenty-second Amendment | President can only serve two terms |
| Twenty-third Amendment | Gives the District of Columbia Representatives |
| Twenty-fourth Amendment | Cannot deny a person the right to vote through poll tax. |
| Twenty-fifth Amendment | Succession to the presidency: president, vice pres., speaker of house, etc. |
| Twenty-sixth Amendment | Voting age lowered to 18 |
| Twenty-seventh Amendment | No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened |
| petition for writ of cerioriari | how to get a case to be seen by the supreme judge |
| Griswold vs Connecticut | is it ok to infringe upon family planning? no it is unconstitutional. the rights may not actually be in the amendments but they are still given |
| Article 1 | All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. |
| Requirements to be a representative | selected every two years. States you must be at least 25, be a citizen for at least 7 years, and must not be an inhabitant of the state you represent. get another rep for every 30000 ppl |
| Requirements to become a senator | elected every six years. must be at least 30, citizenship for 9 years,and not be inhabitant of state they rep. can try impeachments |
| when doe congress meet? | Congress meets every 3rd of January once a year. |
| Ex-Post Facto Laws | only a crime if law is existing when action is committed |
| Bill of Attainder | your made responsible for someone elses actions that you're associated with |
| writ of Habeus Corpus | states you must have a reason to arrest someone |
| Bradenburg vs. Ohio | Did arrest of man for klan speech violate his rights? yes cannot shout something in a crowd that will breach peace though. |
| requirements to be president | Gives president executive power and shall serve 4 year terms. President must be natural born citizen of US, be at least 35, and citizen for 14 years. |
| Article 2 | states the powers of the president |
| Article 3 | Gives judicial power to the supreme court and states their powers |
| Article 4 | Full Faith and Credit clause. gives power to the states |
| Article 5 | Gives Congress power to make amendments to the constitution |
| Article 6 | The US will inherit all debts that new states bring in |
| Article 7 | The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the same. |
| Magna Carta | 1215 first document that said people had given rights |
| where did law begin? | UK and Austrailia |
| Substantive law | concerns the definitions of rights and responsibilities |
| Procedural law | establishes the rules for enforcing those rights that exist by reason of substantive law |
| Administrative law | branch of public law that is created by administrative agencies in the form of rules, regulations, orders, and decisions to carry out the regulatory powers and duties of those agencies. |
| Precedent | having done before |
| Stare Decisis | stand by decision |
| most american laws are____ | common law |
| Mcullough vs Maryland | can congress establish a bank? Did Maryland interfere with constitutional powers? Congress can establish a bank and Maryland couldn't tax agents of the fed. govt. |
| Marbury vs Madison | First Judicial review. Marbury was entitled to his job in Columbia |
| Jurisdiction | area you have authority |
| law | concerns the relations of individuals with one another as such relations affect the social and economic order. |
| which courts get books for cases? | Appelate |
| injuncion | make people stop wrongdoing (courts of equity) |
| Weaks vs US | police violated the 4th amendment because of an illegal search and seizure of Weaks home |
| Exclusionary rule | evidence seized illegally |
| Mens Rea | thought of doing |
| Actus Rea | Action of doing |
| voir Dire | to seek the truth |
| how many challenges does each side get? | 10 |
| requirements for jury duty | at least 18; resident of district; not a felon; cant be crime of moral turpitude; must have all senses; must read and write in english |
| Plantiff | has burden of proof; one who is seeking rememdey |
| venire | challenge for cause |
| voir dire | peremptory challenge |
| jury | decides issues of fact |
| judge | decides issues of law |
| courts of laws | deals with matters where money can cure |
| court of equity | can enter on injunction, then hold them in contempt restraining order |
| summary judgement | if all facts presented by plantiff are presumed true and no remedey by law |
| Directed verdict | judge tells jury no issue of fact go find facts but since law says they lose, they lose |
| verdict | juries decision; some question of fact |
| JNOV | Judgement not withstanding verdict |
| Ryan vs. Friesenhahn | Ruled in favor of Ryan. Sabrina Ryan became drunk (was a minor) and drove off in a vehicle leading to her death. Friesenhahn was aware and thus heald responsible. |
| White vs FCI USA, Inc. | White sued over job leading court to hold the juisdictional facts that support the removal must be judged at the time of removal. (Concurrent Federal Jurisdiction) |
| World-Wide Volkswagen Corp. vs Woodson | Due process of 14th amendment violated. since you states cannot reach out of jurisdiction against a criminal act |
| Parker vs Twentieth Century-Fox Corp. | Offer made to Parker not as good as original contract and caused breach of contract. (pretrial procedure: summary judgement) |
| Circuit City Stores, inc vs Saint Clair Adams | (Arbitration laws) Arbitration doesnt apply to employment contracts |
| US vs Radtke | Essential elements.Argued if Radtke had state of mind to commit fraudulant conspiracy |
| People vs Farell | White Collar Crime. Reversed by supreme court of California. given harder sentence |
| State vs Kelm | Bad Checks had to prove the defendent knowingly frauded a check. was found guilty |
Created by:
cj2332