Chapter one BLAW

Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers.

1. a states attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field 2. a state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath

A restriction on commercial speech will be valid if it meets three criteria. What are they?

1. it must directly advance a government interest 2. it must not be overly restrictive to meet its objectives 3. it must seek to implement a substantial government interest

What is true of corporate political speech? Choose 2 answers.

1.corporate political speech is protected by the First Amendment 2. political donations are protected by the first amendment as types of corporate political speech

administrative agency

A federal or state government agency created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the environment.

ordinances

A law passed by a local governing unit, such as a city or a county.

damages

A monetary award sought as a remedy for a breach of contract or a tortious action.

defense

A reason offered and alleged by a defendant

Which of the following citations indicates that the citation is referencing state statutory law? Choose 2 answers.

Ark. Code Ann. $ 6-17-2401 (2020) and Cal. Penal Code $ 11164(a) (West 2020)

What do legal professionals use to analyze court decisions that are relevant to their clients' cases?

Case briefing

Which of the following is an example of federal agency regulations that impact business operations?

Internal Revenue Service rules for business tax audits

constitutional law

Law that is based on the U.S. Constitution and the constitutions of the various states.

How a hearing or court case is conducted is governed by:

Procedural law

administrative law

The body of law created by administrative agencies in order to carry out their duties and responsibilities.

statutory law

The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).

Procedural Law

The methods of enforcing the rights established by substantive law.

remedies

The relief given to an innocent party to enforce a right or compensate for the violation of a right.

liability

The state of being legally responsible (liable) for something, such as a debt or obligation.

The abbreviation "U.S." in the legal citation Brown v. Board of Education, 347 U.S. 483 (1954) references the:

United States Reports

law

a body of enforceable rules governing relationships among individuals and between individuals and their society

Executive Agencies

administrative agencies within the executive branch of government. At the federal level, executive agencies are those within the cabinet departments

independent regulatory agencies

administrative agency that is not considered part of the governments executive branch and is not subject to the authority of the president. Independent agency officials cannot be removed without cause.

jurisdiction

area where courts have power to apply the law

Courts of Law

awarded compensation for remedies

secondary sources of law

books and articles that summarize and clarify the primary sources of law

Legal researchers will use which of the following tools to locate a court decision? Choose 2 answers.

bounded volumes of reported court decisions organized by jurisdiction, date, and courts & online legal research engines such as Lexis, Westlaw, or Bloomberg

breaches

breaks, or fails to perform

In the United States, who creates federal statutory law?

congress

precedent

court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principles or facts

State statutory law is created by:

elected members of the state legislature

Remedies in Equity

equitable remedies granted by equity courts

Statutes of limiations

federal or state statute setting the maximum time period during which a certain actions can be brought or certain rights enforced

What is the system of government called in which states form a union and share sovereign power with the central government of the union?

federalism

courts of equity

formal chancery courts that decides controversies about equity

What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class?

intermediate scrutiny

If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may:

invalidate the law

Uniform Laws (Model Statutes)

law created by National Conference of Commissioners on Uniform State Laws (NCCUSL) for states to adopt laws- if adopted, the law becomes statutory if legislature approves or rewrites it.

stare decisis

let the decision stand

remedies at law

money damages

defendant

party being sued

petitoner

party bringing a lawsuit in an equity proceeding

A legal citation for a court decision is used by legal professionals to research the law, and includes:

party names, location of the published case, court, and date of decision

What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights?

rational basis review

reporters

reports on important court cases that are online

Substantive law governs a person's:

rights and responsibilities

case law

rules of law announced in court decisions. case law interprets statutes, regulations, constitutional provisions, and other case law

Uniform Commercial Code (UCC)

set of rules used for governing commercial transactions- created by NCCUSL and American Law Institute- issued in 1952 and has been adopted by all 50 states

What type of speech does not receive First Amendment protections?

speech that incites lawlessness, obscenity, and threats to the president of the United States

What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers.

strict scrutiny, intermediate scrutiny, and rational basis review

common law

the body of law developed from custom or judicial decisions in english and US courts, not attributable to a legislature

respondent

the party being sued in equity proceedings

laches

the right to act on a party is the party has neglected the action for an unreasonable length of time

plaintiff

the suing party

Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law?

the supremacy clause