Sources and Classifications of Law
When courts apply precedent
What is case law?
Remedy that is something other than monetary
What is equity?
Health, safety and welfare of citizens
What is the tenth amendment?
The notice and the opportunity to be heard.
What is due process?
Clause reviewed in Thompson vs. Holm
What is the free exercise clause?
By a preponderance of evidence
What is the burden of proof in a civil case?
Requires a party to actually perform what they promised under a contract.
What is specific performance?
This type of sovereignty describes the relationship between the federal government and the states, while this type describes the relationship among the states
What is vertical sovereignty and horizontal sovereignty?
1. Government has substantial interest to be advanced by the regulation
2. Interest directly advanced by the regulation
3. Regulation achieves its purpose
Clause reviewed in Trunk vs. San Diego
What is the establishment clause?
A construction company is operating in Fort Wayne, Indiana. The company must follow workplace safety regulations established by the federal government, environmental regulations established by the State of Indiana, and building and zoning regulations established by the City of Fort Wayne. What does this situation demonstrate about administrative agencies?
Administrative agencies can exist at the federal, state, and local levels of government.
Lucy and Zehmer discussed the sale of Zehmer's farm for $50,000. Zehmer later claimed that he was joking and did not actually intend to sell the farm. The court found that Zehmer's actions demonstrated that he had entered into a valid contract with Lucy. Because the contract involved the sale of the specific farm, Lucy sought specific performance.Why would specific performance be an appropriate remedy in this case?
Because real estate is considered a unique item, and Lucy could not simply purchase that exact farm from someone else.
The following are characteristics of the U.S form of government: A tripartite form of government with three branches, Separation of powers among the three branches, A system of checks and balances among the three branches, Having a legislative, executive, and judicial branch. Which of these is considered a distinctive characteristic
What is a system of checks and balances among the three branches
A city passes a law that allows police officers to search a person's home at any time without a warrant or a specific reason. A resident challenges the law, arguing that the government should respect a person's privacy in their own home. What level of scrutiny should the court apply when reviewing this law? Why?
What is Strict scrutiny, because the law interferes with the fundamental right of privacy.
What does the Court's decision in Wickard v. Filburn demonstrate about the evolution of the Commerce Clause?
The Commerce Clause was interpreted more broadly to allow Congress to regulate some local activities that, when considered collectively, can substantially affect interstate commerce.
A court is deciding a new dispute and relies on a rule developed through centuries of prior judicial decisions rather than a statute passed by the legislature. What source of law is the court applying?
what is common law?
A lawsuit involves a patent infringement claim. The plaintiff wants to file the case in state court, but federal law requires that this type of case be heard only in federal court. What type of jurisdiction does the federal court have?
What is exclusive jurisdiction?
A 13-year-old student attends a public school and wears a shirt to school that contains a political message. The school creates a rule prohibiting students from wearing clothing with political messages because school officials believe the messages could cause arguments between students. The student argues that the rule violates their freedom of speech. How is the court likely to approach this situation? If freedom of speech is a fundamental right can the government regulate a child's speech?
What is the government has greater authority to regulate speech when children are involved.
The city of Bloomington passes a law requiring all public schools in the city to begin each school day with a Christian prayer. A parent challenges the law, arguing that it violates the Establishment Clause of the First Amendment. Does it violate the clause?
Yes, because the 14th Amendment applies the Establishment Clause to all levels of government, including state and local governments.
Gucci sued a defendant connected to the sale of allegedly counterfeit Gucci products. The court had to determine whether it had authority over the defendant based on the defendant’s contacts with the forum. What jurisdiction concept is the court analyzing?
What is personal jurisdiction?
Congress passes a law giving a federal agency authority to regulate a certain industry. The agency creates a regulation under that authority. A company challenges the regulation, and a federal court must determine whether the agency acted within the power Congress gave it. Which three sources of law are involved in this situation?
what is statutory law, administrative law, and case law?
Even though Jeff is 29... he still lives with his father in Georgia. After a family dispute occurred on Thanksgiving, Jeff filed a single lawsuit against his father and EVERY SINGLE extended family member on his father's side (ALL of whom live in California). The damages Jeff seeks are exactly one million dollars. In the case of Jeff VS "Jeff's father's side of the family." Is the case to be filled in the state court system, federal court system, or both?
The case must be handled in the state court system. While Jeff seeks over $75,000, there needs to be complete diversity of citizenship to have the option to also file federally.
Congress passes a law that requires all businesses to provide a certain benefit to their employees. A business owner challenges the law, arguing that Congress did not have the constitutional authority to pass it. The case is brought before the Supreme Court. What power allows the Supreme Court to decide whether Congress's law is constitutional?
What is Judicial review
Allison owes Jordan $500. Allison tells Taylor: “I don't have the money to pay Jordan, but you can sue me for the $500 instead.” Taylor agrees and files a lawsuit against Allison, even though Taylor is not owed any money and has not been harmed by Allison. Does Taylor have standing to sue Allison?
no, because Taylor has not personally been harmed and therefore does not have standing.
Martha Stewart's insider trading case involved the SEC, what court was this case heard in?
What is federal jurisdiction?