The State of Nature - Answers a condition in which no governments or laws existed at all
Social Contract - Lecture 1 - Answers Voluntarily give up rights to create rules
Social Network Movie - Answers Laws important to business. Introduction to reading contracts,
intellectual property, and suits. Teach about why we create NDA's.
Husky Stadium Case - Answers 4th Amendment: Unreasonable search and seizure. Warrants
only probable cause, Right of people to be secure against unreasonable search and seizure will
not be violated
Closely Regulated - Answers Licensed and always subject to searched without a warrant. Ex.
Junkyards, Pawnshops, Restaurants
How to get Warrant? - Answers find a prosecutor > present facts > convert to affidavit > find
judge > present facts again > wait for warrant to be typed and signed by judge
Precendent - Answers using decisions in previous case for judge decisions in new cases.
Jacobsen V. City of Seattle - Answers Plaintiff searched upon entry to event at colesium. Filed in
court that search was unreasonable and that he should not be tried on drug charges. Was found
guilty.
5 exceptions to the warrant requirement - Answers 1. Consensual Search
2. Stop and Frisk: Reasonable suspicion
3. Border Searches
4. Hot Pursuit
5. Airport + Courthouse Searches
Consensual Search - Answers the owner of the property gives consent to the officer to search
said property; and
the one giving consent has the mental capacity to do so
Stop and Frisk - Answers The right of the police to detain an individual for a brief period of time
and to search the outside of the person's clothing if the police have a reasonable suspicion that
the individual has committed or is about to commit a crime
Border Searches - Answers Searches of persons entering the borders of the United States.
Hot Pursuit - Answers when police are chasing someone they may enter a place without a
warrant because if they don't the perpetrator may escape
,Airport or Courthouse searches - Answers Searching upon entry to courthouse or airport
because of risk to public safety without search.
Standing to Sue - Answers The legal requirement that an individual must have a sufficient stake
in a controversy before he or she can bring a lawsuit.
Case in Controversy - Answers A requirement that courts may decide only cases in which an
actual conflict between parties exists.
Standing to Sue + Case in Controversy - Answers Both must be satisfied to go before a judge
US v. Skipworth (1973) - Answers created a 3 factor test for searching at airports. called the
skip worth test
Skipworth Test - Answers 1. Public necessity
2. search will be efficient in removing crime possibility
3. degree of intrusion to personal privacy
Doctrine of Stare Decisis - Answers Let the decision stand; decisions are based on precedents
from previous cases
Exclusionary Rule - Answers improperly gathered evidence may not be introduced in a criminal
trial. evidence acquired during warrantless searches
Skinner v. Railway Labor - Answers court case where the evidence that was used was searched
in a closely regulated business, so it was valid in court.
Federalism - Answers A system in which power is divided between the national and state
governments and the branches of government
Separation of Powers - Answers Constitutional division of powers among the legislative,
executive, and judicial branches, with the legislative branch making law, the executive applying
and enforcing the law, and the judiciary interpreting the law
Federal Law - Answers the law of the national government. Have the most power
State Law - Answers the law of the states and their localities, have more power then localities
but not the Fed
County/City/Municipal Law - Answers Lowest division of power in law.
Supremacy Clause - Answers Article VI of the Constitution, which makes the Constitution,
national laws, and treaties supreme over state laws when the national government is acting
within its constitutional limits.
Preemption - Answers A doctrine under which certain federal laws preempt, or take precedence
, over, conflicting state or local laws.
Express preemption - Answers a federal law or regulation that contains language explicitly
displacing or superseding any contrary state or local laws. States can also do this to
city/localities
Implied Preemption - Answers Occurs when a federal law or regulation contains language that
conflict with state or local laws or that concerns matters in which the federal government holds
power over. or state gov hold power over cities
Field preemption - Answers The federal government regulates an areas so pervasive that
Congress's intent that only federal law regulate that area is clear. Ex. WA St. Puget Sound
Shoreline Management Act with thousands of laws that prohibit things for the puget sound. If
city says dumping is Ok, judge says no bc of all the St. Laws about the Puget Sound.
Ex. (Preemption) Minimum Wage Law - Answers Fed Gov sets a national Min wage, but St. can
set their own min wage above the Fed one and can decide whether their cities can make their
own higher one as well. Some cities are not allowed min wage laws because of preemption in
that St.
Creating own St. or City Laws - Answers If you find a field where no Fed Laws have been created
these levels of power can create their own laws. Ex. City of Seattle bans single use plastic bags.
Wa. St. decided not to preempt it and made it a law.
Executive Branch - Answers the branch of government that carries out laws (President,
Governor, Mayor)
Oath of Office - Answers Oath taken by the president on the day he takes office, pledging to
"faithfully execute" the office and "preserve, protect, and defend" the constitution. SHALL =
MUST (president Obama)
Electoral College - Answers A group of people named by each state legislature to select the
president and vice president. 270 voted wins the election
Powers of President - Answers Veto Legislation, Selection of federal judges, executive orders,
Appointment of agency members (FBI etc...).
Veto Legislation - Answers How can the executive branch check the power of the legislative
branch?
Senate does this... - Answers Who voted to confirm president elected federal judges?
Legislative Branch - Answers the branch of government that makes the laws, has the House and
the Senate. U.S. Congress.
Laws/Ordinances - Answers federal state laws called statutes. City/council laws called