LEGL 2700 EPSTEIN TEST 1 WITH COMPLETE
SOLUTIONS LATEST UPDATE
IRAC - ANSWER what is the test to determine what a law is
issue, rule, analysis, conclusion - ANSWER what does IRAC stand for
rule of law - ANSWER laws are generally and equally applied and requires solid, stable
institutions (no one is above the law)
property - ANSWER the right to possess resources and shield from others
common law - ANSWER judge-made law
stare decises - ANSWER precedent; let the prior decision stand
civil law - ANSWER relies heavier on legislation
criminal law - ANSWER laws for which the punishments include death, imprisonment,
fines, etc
civil law - ANSWER laws for which the punishments include compensatory damages,
etc.
corporation - ANSWER owned by shareholders; organized by a board of directors who
oversee the business and hire officers to hire other employees
corporate governance - ANSWER the system of governing a company so that the
interests of corporate owners and other stakeholders are protected
, articles of confederation - ANSWER a weak constitution that included a strong
sovereignty of the states, weak central government, and concern over economic issues
Horizontal separation of power- ANSWER The government is divided into branches so
that one branch will not centralize all the power; Legislative- create the laws, Executive-
enforce laws, Judiciary- fair process, interpret or invalidate laws
Vertical separation of power- ANSWER Between Federal and state government; created
due to federalism; 10th amendment states whatever powers are not reserved by the
government is meant for the state
supremacy clause - ANSWER clause that states that the constitution is supreme over all
other laws; federal law is supreme over state laws
express preemption - ANSWER the higher level law states with words that it is the more
important law
implied preemption - ANSWER when the preemption isn't written out exactly; can't
comply with both state and federal, so you comply with federal
commerce clause - ANSWER clause controlling foreign and interstate commerce; fed
government has the power to regulate those people engaging in activities that affect
interstate commerce
dormant commerce clause - ANSWER not mentioned in the constitution; a doctrine that
bars states from economically looking down on other states
contract clause - ANSWER states, "no state shall. pass any. law impairing the obligation
of contracts"
bill of rights-ANS first 10 amendments to the constitution; prohibitions on gov power that
defines citizens' personal freedoms; not absolute
5th amendment-ANS right to a grand jury, no double jeopardy, against
self-incrimination, due process, eminent domain
SOLUTIONS LATEST UPDATE
IRAC - ANSWER what is the test to determine what a law is
issue, rule, analysis, conclusion - ANSWER what does IRAC stand for
rule of law - ANSWER laws are generally and equally applied and requires solid, stable
institutions (no one is above the law)
property - ANSWER the right to possess resources and shield from others
common law - ANSWER judge-made law
stare decises - ANSWER precedent; let the prior decision stand
civil law - ANSWER relies heavier on legislation
criminal law - ANSWER laws for which the punishments include death, imprisonment,
fines, etc
civil law - ANSWER laws for which the punishments include compensatory damages,
etc.
corporation - ANSWER owned by shareholders; organized by a board of directors who
oversee the business and hire officers to hire other employees
corporate governance - ANSWER the system of governing a company so that the
interests of corporate owners and other stakeholders are protected
, articles of confederation - ANSWER a weak constitution that included a strong
sovereignty of the states, weak central government, and concern over economic issues
Horizontal separation of power- ANSWER The government is divided into branches so
that one branch will not centralize all the power; Legislative- create the laws, Executive-
enforce laws, Judiciary- fair process, interpret or invalidate laws
Vertical separation of power- ANSWER Between Federal and state government; created
due to federalism; 10th amendment states whatever powers are not reserved by the
government is meant for the state
supremacy clause - ANSWER clause that states that the constitution is supreme over all
other laws; federal law is supreme over state laws
express preemption - ANSWER the higher level law states with words that it is the more
important law
implied preemption - ANSWER when the preemption isn't written out exactly; can't
comply with both state and federal, so you comply with federal
commerce clause - ANSWER clause controlling foreign and interstate commerce; fed
government has the power to regulate those people engaging in activities that affect
interstate commerce
dormant commerce clause - ANSWER not mentioned in the constitution; a doctrine that
bars states from economically looking down on other states
contract clause - ANSWER states, "no state shall. pass any. law impairing the obligation
of contracts"
bill of rights-ANS first 10 amendments to the constitution; prohibitions on gov power that
defines citizens' personal freedoms; not absolute
5th amendment-ANS right to a grand jury, no double jeopardy, against
self-incrimination, due process, eminent domain
