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LEGL2700 Hackleman Exam 1 Questions And
Reviewed Answers
14th Amendment - answers✔✔no state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the US, deprive any person of life, liberty, or property
without due process of law, deny any person within its jurisdiction the equal protections of
law
1st Amendment - answers✔✔protects freedom of religion, speech, press, assembly, petition
2 types of rules of procedure - answers✔✔trial, appellate
2nd Amendment - answers✔✔one's right to possess guns
3 roles of lawyers - answers✔✔counselors, advocates, public servants
3 sources that create and govern state court systems - answers✔✔state constitutions, state
legislature, other legislation (rules of procedure)
5th Amendment - answers✔✔eminent domain; allows the government to take private
property for public use after paying just compensation
6th Amendment - answers✔✔grants trial by jury in criminal cases
7th Amendment - answers✔✔grants trial by jury in civil cases
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abuse of discovery - answers✔✔impeding the discovery process can lead to sanctions
administrative and regulatory law - answers✔✔concerns public laws that protect, tax,
regulate, or redistribute an owner's resources
administrative law - answers✔✔covers the legal principles that apply to different levels of
government
advantages of case law - answers✔✔stare decisis (let the decision stand)
affidavits - answers✔✔a type of summary judgement in the form of sworn statements
answer - answers✔✔written response of pleading by the defendant
appellate procedures - answers✔✔court of appeals deal with the record of the proceedings in
a lower court; they study the issues, testimony, and proceedings to determine whether
prejudicial errors occured
article III of the constitution reviews... - answers✔✔questions of federal law, US as a party,
state disagreements, suits between citizens of different states
Batson vs. Kentucky - answers✔✔outlawed racial discrimination in peremptory challenges
BMW vs. Gore - answers✔✔issue was whether or not BMW owed Gore punitive charges for
not giving information that his car had been repainted, or if he should only receive
compensatory damages; determined that BMW had not received proper notice about
consequences of this action and thus only had to pay compensatory damages
brief - answers✔✔short description of the case by each party to the trial
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Brown vs. Entertainment Merchants Association - answers✔✔issue was that California law
tried to prohibit sale of violent video games to minors without parental permission;
determined that video games were protected speech and that they didn't constitute as
obscenity
burden of proof in civil cases - answers✔✔preponderance of evidence, clear and convincing
proof
burden of proof in criminal cases - answers✔✔state must prove guilt beyond a reasonable
doubt
burning of draft cards - answers✔✔unprotected form of speech due to this creating a
disorganized system of the draft; not trying to hush the voices of people protesting the draft,
just simply trying to run an efficient system
business people in the United States must... - answers✔✔be aware of the legal and regulatory
landscape and take steps to ensure full compliance with the law to avoid civil and criminal
liability
can you be involved in both a civil AND a criminal case? - answers✔✔yes; an example is
you can be in a civil lawsuit for attacking a person and a criminal lawsuit for committing a
violent act in public
Chief Justice Roberts view regarding the rule of law... - answers✔✔if the Constitution says
that the little guy should win, then the little guy will win in the court before him; if it says
that the big guy should win, then the big guy will win
civil law - answers✔✔relies more on legislation than judicial decisions for law
class action lawsuits often use __ ___ to bring attention and find those who may be a possible
member of the lawsuit - answers✔✔tv ads