Exam 1, Legal Studies, Tulane University Questions And Answers With Verified Tests

1.2: U.S. v. Ulbricht (p. 11) - 1.2: U.S. v. Ulbricht (p. 11) - Ulbricht created the Silk Road (black market) o People paid through bitcoin, Ulbricht argued that bitcoin cannot form the basis of money laundering and was property not a financial transaction o He supported his argument by noting that the IRS treats virtual currency as property not monetary instruments · Court rejected his theory that bitcoin was not a financial transaction because bitcoins carry value and act as a medium of exchange so they fall as money laundering. · CONCLUSION: Ulbricht was found guilty on all counts, including money laundering. Administrative law - Source of law that regulates the exercise of authority by government agencies Also known as regulations Legislator may create an agency to take care of a specific problem They are able to have their own courts -Social security has its own court system -Like bankruptcy court Advantages of Stare Decisis - ¨Allows individuals and business to have some degree of confidence that the law will remain reasonably consistent ¨Requires all lower courts, such as a trial court, to follow the case precedent so that any similar case would be decided according to the precedentArizona Vs. Federal United States 132 S. Ct. 2492 (2012) - Arizona Vs. Federal United States 132 S. Ct. 2492 (2012) - Arizona's Take on immigration o Arizona wanted to have their own immigration laws due to the fact that they were so close to the border o Within Arizona there were a lot of unlawful immigrants living and working within state borders o Arizona passed the law: THE SUPPROT OUR LAW ENFORMCENT AND SAFE NEIGHBERHOODS ACT § Purpose of the law was to address problems that were being created by the large number of unlawful immigrants living in Arizona · U.S. department of justice filed a suit against Arizona on the basis that federal immigration rules do not allow states to make their own immigration laws · U.S. supreme struck down on Arizona for being unconstitutional and because its conflicts with existing federal laws. · Immigration is a matter of federal law · CONCLUSION: U.S. court ruled in favor of the U.S., the words of the court "preemption of a state statute - congress has the power to preempt state law. Case 1.3: Flagiello v. Pennsylvania Hospital 208 A2d 193 (PA 1965) - "Stare decisis channels the law. It erects lighthouses and [flies] the signals of safety...but the principle of stare decisis does not demand that we follow precedents which shipwreck justice." Case Precedent - ¨Once an appellate court has decided a particular case, the decision becomes a case precedent. ¨Precedent is usually only binding within the jurisdiction of the court setting the precedent. Clean hands doctrine - Courts are guided in their decisions not only by the letter of the law but also on the basis that one seeking the aid of a court must come to the court with clean hands that are unstained by bad faith, misrepresentations, or deceit