Legal 2700 Final Exam – Questions With Valid
Solutions
Save
Terms in this set (363)
laws rules issued by the state and backed by enforcement
laws are generally and equally applied (no one is above
rule of law
the law)
property right to possess property and shield from others
judge made laws; precedent (stare decisis-let prior
common law
decision stand)
civil law relies heavy on legislation
death, imprisonment, fines, removal from office,
sanctions in criminal law
disqualification from holding office and from voting
compensatory damages, consequential damages,
sanctions in civil law
punitive damages
rule of law helps to: reduce transaction costs
constitution -> federal statues -> federal regulations ->
hierarchy of laws state constitutions -> state statues ->state regulations->
local ordinances -> case law
1) person hood by way of "legal fiction" 2) owned by
shareholders 3) in large companies, board of directors
corporations
oversee 4) officers and managers in charge of day to
day
1) expand corporate governance to include
general sense of corporate
responsibility of company to customers, vendors,
governance
society, etc (roundtable)
the system of governing a company so that the interests
Corporate Governance of corporate owners and other stakeholders are
protected
,corporate governance: protect shareholders from people within company
specific enriching themselves
corporate governance: look outward to responsibility of company to
general customers, suppliers, society at large
strong sovereignty of the states, weak federal
articles of confederation government; concern over economic issues (states
would hurt other states)
branches of gov: legislative (make), executive (enforce),
separation of powers:
judiciary (interpret)
horizontal
-judicial review (marbury vs madison)
separation of powers: federal vs state/local: federalism; 10th amendment
vertical -powers not in constitution are given to the states
-constitution is supreme over all laws
supremacy clause, article -federal law is supreme over state
VI -preemption
-state law is invalid if it conflicts with federal law
1. express: explicit language noting it is preempting
state law
2. implied: so persuasive and comprehensive that little
preemption
room exists for states to manuever or impossible to
comply with both federal and state
-federal agency is a tell tail sign
commerce clause, article 1, provides federal government the power to regulate
section 8 business activity
state and local gov may regulate such activities if they
are conducted entirely within state boundaries
regulate foreign commerce ex: treaties, tariffs, embargoes; office foreign assets
control and other import/export issues-> hire 3rd party
companies
states cant impede
regulate interstate
-gibbons vs odgen (states cant interfere with interstate
commerce
commerce
-regulates what the federal government has yet to
dormant commerce clause regulate
-regulates "negative" space
, -no state shall pass any law impairing the obligation of
contract clause, article 1, contracts
section 10 -does not apply to federal gov
-emergency situtations can be approved
-first 10 amendements
-prohibitions on gov power: defining citizens person
bill of rights rights
(antifederalists wanted and federalists didnt)
-now there are 27
-grand jury, double jeopardy, right against self
5th Amendment
incrimination, due process, and eminent domain
"nor shall private property be taken for public use,
eminent domain
without just compensation"
1. a taking (actually dispossessing)
2. public use (public purpose)
eminent domain test
3. just compensation (market price generally;
negotiated rate)
-freedom of religion (establishment, free exercise)
-freedom of speech
1st Amendment -freedom of press
-peaceful assembly
-petition government
-protects voice of minority
-not absolute: fighting words; incitement to riot; time,
free speech generally
place, manner restrictions; words that violate
intellectual property law; obscenity
-not originally thought to be included (came in 1970s)
-lawful activity, governmental interest substantial,
Commercial Free Speech
directly advance gov interest, not more expensive than
necessary
-press is only organized private business given explicit
freedom of press
constitutional protection
generally must publish work before censorship
prior restraint
permitted
injurious to good name or reputation of other
defamation -libel: printed defamation
-slander: spoken defamation
, states that no state shall make or enforce any law which
shall:
-abridge the privileges or immunities of citizens
14th Amendment -deprive any person of life, liberty, or property without
due process of law
-deny to any person within its jurisdiction the equal
protection of the laws
prevents gov bodies from acting in a manner that is
due process
arbitrary, capricious, or unreasonable
involve cases regarding whether:
procedural due process -proper notice was given
-proper hearing was conducted
involves cases regarding:
substantive due process -right to work
-right to marry
due process clause has been used to incorporate most
incorporation doctrine of bill of rights and make provisions applicable to states
(gitlow vs new york) (gideon vs washington)
guarantees that people will not be treated differently
under law without adequate justification
equal protection
-any law creating different classification is subject to 1 of
3 tests
designed to protect suspect classes and certain rights
-suspect class: one that commands extraordinary
strict scrutiny
protection from majority (race, national origin)
-fundament rights include: vote, travel, appeal
-primary duty is (supposed) to be administration of
justice
lawyers (public servants)
-proceedings are conducted in a dignified and orderly
manner
-engage in adversarial process with other lawyers
-present evidence, points of law, arguments, etc
advocate
-help to inform both the judge and jury in making
decisions
Solutions
Save
Terms in this set (363)
laws rules issued by the state and backed by enforcement
laws are generally and equally applied (no one is above
rule of law
the law)
property right to possess property and shield from others
judge made laws; precedent (stare decisis-let prior
common law
decision stand)
civil law relies heavy on legislation
death, imprisonment, fines, removal from office,
sanctions in criminal law
disqualification from holding office and from voting
compensatory damages, consequential damages,
sanctions in civil law
punitive damages
rule of law helps to: reduce transaction costs
constitution -> federal statues -> federal regulations ->
hierarchy of laws state constitutions -> state statues ->state regulations->
local ordinances -> case law
1) person hood by way of "legal fiction" 2) owned by
shareholders 3) in large companies, board of directors
corporations
oversee 4) officers and managers in charge of day to
day
1) expand corporate governance to include
general sense of corporate
responsibility of company to customers, vendors,
governance
society, etc (roundtable)
the system of governing a company so that the interests
Corporate Governance of corporate owners and other stakeholders are
protected
,corporate governance: protect shareholders from people within company
specific enriching themselves
corporate governance: look outward to responsibility of company to
general customers, suppliers, society at large
strong sovereignty of the states, weak federal
articles of confederation government; concern over economic issues (states
would hurt other states)
branches of gov: legislative (make), executive (enforce),
separation of powers:
judiciary (interpret)
horizontal
-judicial review (marbury vs madison)
separation of powers: federal vs state/local: federalism; 10th amendment
vertical -powers not in constitution are given to the states
-constitution is supreme over all laws
supremacy clause, article -federal law is supreme over state
VI -preemption
-state law is invalid if it conflicts with federal law
1. express: explicit language noting it is preempting
state law
2. implied: so persuasive and comprehensive that little
preemption
room exists for states to manuever or impossible to
comply with both federal and state
-federal agency is a tell tail sign
commerce clause, article 1, provides federal government the power to regulate
section 8 business activity
state and local gov may regulate such activities if they
are conducted entirely within state boundaries
regulate foreign commerce ex: treaties, tariffs, embargoes; office foreign assets
control and other import/export issues-> hire 3rd party
companies
states cant impede
regulate interstate
-gibbons vs odgen (states cant interfere with interstate
commerce
commerce
-regulates what the federal government has yet to
dormant commerce clause regulate
-regulates "negative" space
, -no state shall pass any law impairing the obligation of
contract clause, article 1, contracts
section 10 -does not apply to federal gov
-emergency situtations can be approved
-first 10 amendements
-prohibitions on gov power: defining citizens person
bill of rights rights
(antifederalists wanted and federalists didnt)
-now there are 27
-grand jury, double jeopardy, right against self
5th Amendment
incrimination, due process, and eminent domain
"nor shall private property be taken for public use,
eminent domain
without just compensation"
1. a taking (actually dispossessing)
2. public use (public purpose)
eminent domain test
3. just compensation (market price generally;
negotiated rate)
-freedom of religion (establishment, free exercise)
-freedom of speech
1st Amendment -freedom of press
-peaceful assembly
-petition government
-protects voice of minority
-not absolute: fighting words; incitement to riot; time,
free speech generally
place, manner restrictions; words that violate
intellectual property law; obscenity
-not originally thought to be included (came in 1970s)
-lawful activity, governmental interest substantial,
Commercial Free Speech
directly advance gov interest, not more expensive than
necessary
-press is only organized private business given explicit
freedom of press
constitutional protection
generally must publish work before censorship
prior restraint
permitted
injurious to good name or reputation of other
defamation -libel: printed defamation
-slander: spoken defamation
, states that no state shall make or enforce any law which
shall:
-abridge the privileges or immunities of citizens
14th Amendment -deprive any person of life, liberty, or property without
due process of law
-deny to any person within its jurisdiction the equal
protection of the laws
prevents gov bodies from acting in a manner that is
due process
arbitrary, capricious, or unreasonable
involve cases regarding whether:
procedural due process -proper notice was given
-proper hearing was conducted
involves cases regarding:
substantive due process -right to work
-right to marry
due process clause has been used to incorporate most
incorporation doctrine of bill of rights and make provisions applicable to states
(gitlow vs new york) (gideon vs washington)
guarantees that people will not be treated differently
under law without adequate justification
equal protection
-any law creating different classification is subject to 1 of
3 tests
designed to protect suspect classes and certain rights
-suspect class: one that commands extraordinary
strict scrutiny
protection from majority (race, national origin)
-fundament rights include: vote, travel, appeal
-primary duty is (supposed) to be administration of
justice
lawyers (public servants)
-proceedings are conducted in a dignified and orderly
manner
-engage in adversarial process with other lawyers
-present evidence, points of law, arguments, etc
advocate
-help to inform both the judge and jury in making
decisions
