state of nature - Answers a hypothetical condition of society before the creation of government.
people have a natural right to protect their own liberty and safety
social construct - Answers people voluntarily surrender freedom to act and agree to natural right
restrictions; society/governments offer protection
suppressed evidence - Answers not admissible in court
exceptions to warrant requirements - Answers 1. consensual 2. stop and frisk 3. border 4. hot
pursuit 5. airport and courthouse
stop and frisk condition - Answers reasonable suspicion
frisk = pat-down
hot pursuit conditions - Answers police pursuing suspect or have probable suspicion of crime
on private premises AND 1. delay would endanger their/others' lives or 2. the perpetrator could
escape
standing to sue - Answers plantiff's personal legal interest invaded by defendant
case or controversy - Answers condition for courts to get involved; they don't handle
hypotheticals or give advisory opinions
reasonable search conditions - Answers public necessity (weighed in terms of possible harm),
efficacy of search (likelihood that search procedure will effectively avert harm without going too
far), degree of intrusion
law - Answers rules that define the behavioral boundaries for people and business activities.
provides greater predictability and uniformity
most important functions of law - Answers 1. influence behavior of society members
2. resolve disputes within society
3. maintain important social values
4. provide method for assisting social change
common law - Answers made and applied by judges as they resolve disputes among private
parties. the foundation of agency (employment), contract, property, and tort law.
origins of common law - Answers colonists retained English common law when US became
intependent nation. it's a "code written by nobody and everybody." evolves through precedent
and adversarial arguments
, responsibilities of the judiciary - Answers - judicial review: can declare actions of executive
branch and administrative agencies in violation/compliance with Constitution
- interprets and enforces laws enacted by legislatures
case - Answers dispute between two or more parties resolved through the legal process
case reporters - Answers publicly-available books that are the official publication of case
decisions
case background - Answers description of the facts determined at trial
case decision - Answers explanation of the law, backed by legal reasoning, as applied to facts of
the case
precedent - Answers judges apply decisions from earlier recorded cases to guide decision of
new cases
stare decisis - Answers the use of precedent in deciding current cases; "to stand on decided
cases;" judges are expected to stand by established law
benefits of stare decisis - Answers 1. improved predictability for business decisions
2. confidence in consistency of law
3. legal system neutralizes prejudices of individual judges
primary sources - Answers reported cases; they are law
secondary sources - Answers explain the law; judges may refer to respected sources when
issuing decisions
Restatements of the Law - Answers American Law Institute (ALI) summarizes major areas of
common law. if enough change in an area, new restatement is published
second amendment - Answers right to bear arms
fourth amendment - Answers unreasonable search and seizure
exclusionary rule - Answers improperly gathered evidence is inadmissible to courts. tailored to
protect individuals
preemption - Answers higher level of government rule override lower level
express preemption (state) - Answers state law drafted to stop counties or cities from doing
something
implied preemption (state) - Answers conflict/contradiction btwn state and local law 1. local