Intro to Law
Enforceable rules that govern relationships among people, businesses, and government.
What is Law?
__ prevents any one of the three branches of government from becoming too powerful.
What are checks and balances?
An appellate court focuses on errors of law; a trial court focuses on the ___ and ___.
What are the facts and law?
This clause establishes the U.S. Constitution as the supreme law of the land.
What is The Supremacy Clause?
The Bill of Rights protects against ___ searches and seizures.
What is unreasonable?
Name 5 areas of business affected by law.
What are:
1) Production
2) Logistics
3) Management
4) Marketing
5) Accounting
6) Finance
The 3 levels of the federal court system.
What are district courts, Circuit Courts of Appeal, and the U.S. Supreme Court?
The litigation process that produces facts relevant to a dispute.
What is discovery?
A state may regulate activities to protect the health, safety, and welfare of the public and to promote order.
What are police powers?
Corporate political speech is ___ protected than corporate commercial speech.
What is more?
This doctrine requires courts to follow a precedent that is sufficiently similar to the case before them, with two notable exceptions.
What is Stare Decisis?
This doctrine allows the U.S. Supreme Court to review and decide the constitutionality of Congressional acts and Presidential orders.
What is Judicial Review?
This motion filed after discovery is granted if facts presented by the pleadings and discovery permit a court to find in favor of one side as a matter of law.
What is a motion for summary judgment?
The Supreme Court has ruled that the commerce clause gives Congress the power to regulate ___.
What is almost any commercial or noncommercial activity, whether interstate or wholly within a state?
The 5th and 14th Amendments include these two types of due process.
What are procedural and substantive due process?
The four primary sources of law.
What are:
1. Constitutions
2. Statutes
3. Common Law / Case Law
4. Administrative Law?
The three threshold procedural requirements that must be met before a court can hear and decide this plaintiff's newly filed lawsuit.
What are Standing, Person/Property Jurisdiction, and Subject Matter Jurisdiction?
This motion, which is filed before the Answer, dismisses a lawsuit without prejudice if it has one of three procedural flaws.
What is a motion to dismiss?
The Dormant Commerce Clause Doctrine prevents states from ____.
What is burdening interstate commerce?
The three levels of scrutiny under the Equal Protection Clause are ____.
What is rational basis, intermediate scrutiny, and strict scrutiny?
The overarching legal system that the U.S. shares with Great Britain.
What is the Common Law system?
State and federal court systems include both general jurisdiction courts and limited jurisdiction courts. This state's limited jurisdiction court hears disputes that involve $15,000 or less.
What is a small claims court?
This motion, filed after the Answer but before discovery, is granted where the facts in the pleadings, if taken as true, permit a court to find for one side as a matter of law.
What is a motion for judgment on the pleadings?
A federal statute permits forever chemicals in water, which directly conflicts with a state statute that prohibits such chemicals. If challenged the state statute will be struck down as unconsitutional under the _____.
What is the Supremacy Clause?
If you claim that a state's statute infringes on your procedural due process rights, you are asking the court to focus on __.
What are the procedures used in making decisions to take life, liberty, or property?
A legal philosophy based on the idea that laws are created solely by men and should be obeyed regardless of whether they are seen as just or unjust. It views law as separate from morality.
What is Legal Positivism?
A federal district court and a state trial court are courts of ___.
What is original jurisdiction?
____ must occur for the Supreme Court to agree to hear a case.
What is the Rule of Four, i.e., four justices must approve of hearing the case?
The Bill of Rights is a group of protections for businesses and people against ___.
the federal government (and now the state governments as well, after the 14th Amendment was incorporated case-by-case).
If you claim that a state executive order infringes on your substantive due process rights, you are asking the court to focus on __.
What is the content?