Constitution & Government
The branch of government that makes laws.
What is the legislative branch?
The power of a court to hear a case.
What is jurisdiction?
A civil wrong that results in damages.
What is a tort?
Speech proposing a commercial transaction.
What is commercial speech?
The legal doctrine that requires courts to follow precedent.
What is stare decisis?
The branch that interprets laws.
What is the judicial branch?
Jurisdiction over a defendant personally.
What is personal jurisdiction (in personam)?
The four elements of negligence.
What are duty, breach, causation, and damages?
Categories of speech that are not protected by the First Amendment.
What are defamation, slander, and obscenity?
A main reason courts follow stare decisis.
What is stability and predictability in the law?
This doctrine allows courts to strike down unconstitutional laws.
What is judicial review?
Jurisdiction based on property located in the state.
What is in rem jurisdiction?
Negligence inferred because the accident would not normally occur without negligence.
What is res ipsa loquitur?
The three-part test for obscenity.
What is the Miller test?
A system dividing power between federal and state governments.
What is federalism?
The case that established judicial review.
What is Marbury v. Madison?
Case that created the minimum contacts test.
What is International Shoe?
Violating a statute meant to protect the plaintiff class.
What is negligence per se?
The highest level of constitutional scrutiny used for race or national origin.
What is strict scrutiny?
The amendment reserving powers to the states.
What is the 10th Amendment?
This clause gives Congress power to regulate interstate commerce.
What is the Commerce Clause?
Federal court jurisdiction when parties are from different states and damages exceed $75,000.
What is diversity jurisdiction?
Liability without proving negligence for dangerous products.
What is strict liability?
The amendment guaranteeing equal protection and due process to all people.
What is the 14th Amendment?
One reason a court might overturn precedent.
What is changed conditions, bad reasoning, or constitutional conflict?