LAW 101 midterm Quizlet, Pre class lectures, clicker
State Courts
Structures vary state-by-state, but two basic structures: •Two-tiered systems •Three-tiered systems •judge selection varies by state
To request a hearing in the U.S. Supreme Court, a party often files:
a petition for a writ of certiorari
State TRIAL Courts
The vast majority of interactions with court systems occur in state trial courts. The names of the main state trial courts vary a great deal: In California they are called "Superior Courts (Links to an external site.)."In Oregon they are called "State Circuit Courts (Links to an external site.)." All state court systems have "lower" or "inferior" courts with special jurisdiction; we call these "limited jurisdiction" trial courts. Just think of typical examples:Small claims court, or Traffic court.
Takings Clause
fifth amendment
When Ruth Bader Ginsburg was asked how she believed the constitution should be interpreted she stated that
"I think I am an originalist in the sense that [the] Constitution would govern through the ages."
When Ruth Bader Ginsburg was asked how she believed the constitution should be interpreted she stated that...
"I think I am an originalist in the sense that [the] Constitution would govern through the ages." this is correct! If you recall from the New Yorker article about RBG, she states that in her opinion, no one entirely believes that the constitution should be interpreted as meaning only what it meant in 1787 - RBG has a different view on what "originalist" means compared to other justices.
What is the core idea/concept of "substantive due process" and what does it protect?
"Substantive due process" is a strange term: it's most basic understanding is that the the Due Process Clause does more than just guarantee a fair procedure, it requires that the results of government action (even writing and enforcing laws) have to be fair and cannot infringe "fundamental" rights.
both William Blackstone's Commentaries on the Laws of England and Oliver Wendell Holmes's The Common Law were important writings that influenced legal thinking in America. Which of the following statements about one or both books best compares those influences?
Because it organized and stated the principles of the English Common Law, Blackstone's work was a significant resource in legal circles in America in the late 1700s and early 1800s. Holmes's work was a shorter and later piece (from the 1880s) about how common law judges made their decisions. In it, Holmes explained that judges responded to the felt necessities of the times rather than some immutable natural law and logic.
In June 1933, Congress established the ____________ to restore confidence and stability to the nation's banking system.
Federal Deposit Insurance Corporation
Federal Regulations
Federal executive branch (administrative) agencies promulgate regulations to refine rules stated in statutes and guide their efforts to carry out federal laws according to authority Congress granted them.
Which of the following is true about a plurality decision of the Supreme Court?
It settles a case but does not set the precedent for later cases
What does the phrase stare decisis mean
It stands decided" or "To stand by things decided"
Why was the Court of Appeals for the Federal Circuit created?
It was created to provide uniformity in the application of federal law in certain areas, particularly patent law.
Federal district courts may exercise jurisdiction over legal disputes . . .
involving diversity of citizenship, if the amount in controversy exceeds $75,000, or involving a federal question with no requirement regarding the amount in controversy.
Rights that Have Been Applied to States Through Selective Incorporation
is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights. The First Amendment's freedom of speech, press and religion The First Amendment's prohibition of state-established religion The Second Amendment's right to bear arms The Fourth Amendment's ban on unreasonable search and seizure The Fifth Amendment's privilege against self-incrimination The Sixth Amendment's right to a speedy trial The Eighth Amendment's protection against cruel and unusual punishment
Which of the following statements concerning judicial review is false?
The concept of judicial review was completely foreign to the Framers of the U.S. Constitution.
Late Supreme Court Justice, Antonin Scalia was a strong defender of "Originalism" when it came to constitutional interpretation. An originalist view means...
The constitution should be interpreted as it was understood by society when it was written, not as it is understood by society today and that we should look at the intent of the original framers when interpreting the constitution.
Privileges and Immunities Clause
The second clause of Section 1 of the Fourteenth Amendment states:"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States...."This Privileges and Immunities Clause prevents a state from treating citizens of other states in a discriminatory manner.
Fourteenth Amendment
The second of the Reconstruction Amendments, the Fourteenth Amendment addresses the status and citizenship rights of the formerly enslaved. With its five sections, the Fourteenth Amendment is long when compared to other constitutional amendments.
Which of the following BEST describes what makes American federalism so unique?
The states came first and ceded power to the federal government.
Due Process Clause
The third clause of Section 1 of the Fourteenth Amendment states: "nor shall any State deprive any person of life, liberty, or property, without due process of law."NOTE: Please understand how and why the Constitution has two Due Process Clauses: The Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal obligation that applies to all state governments.
In a civil suit, . . .
a plaintiff first presents a prima facie case; then the defendant tries to negate the plaintiff's case; finally the defendant raises affirmative defenses.
When Oliver Wendell Holmes practiced law as a member of a private law firm in Boston, he developed a sort of specialty in which area of the law?
admiarlity
The River City Zoning Commission, the Oregon Department of Environmental Quality, the U.S. Bureau of Land Management, and many other executive-branch agencies write and issue regulations that have the effect of law. These regulations constitute . . .
administrative law.
The U.S. district courts
-Currently more than ninety district courts -Separated by geographical boundaries -Legal disputes with no connections to court within the boundary
Trial Courts
-Determines facts Uses trial (petit) juries -Listen to witnesses, review exhibits -Single judge -Evidence in or out? (rules on objections) -Might decide outcome -Instructs Jury -Juries
Discovery Methods
-Discovery Methods -Requests for Admissions -Requests to Produce or Inspect -Depositions -Requests for Medical Examinations
What system(s) did the U.S. rely on in developing its legal system? And How? Think
-England established colonies in America late 1500s - 1700s and transferred much of the English legal system, but not through a rigorous or organized plan -Colonies did not have many folks come with deep training, knowledge, or experience in legal professions -Colonists were different from colony-to-colony, from one time to another, etc, so there is no such thing as a single body of colonial law or a single structure of a single legal systems -Colonial law was a stripped-down version of English law, with alterations, changes, and innovations, as colonists worked through experiences of laypersons (not trained in law)---it was derived from a cultural memory of English Common Law
Consider the following passages that seem to describe aspects of the Magna Carta. More than one of these passages is accurate. However, at least one is not accurate. Select all the passages that are
-English King John reluctantly agreed to sign and place his seal on the Great Charter at Runnymeade, England in 1215 in order to essentially make peace between himself and a group of disaffected English noblemen and barons. -This document is credited with establishing the principle that the English government, even with its king as its head of state, was subject to the rule of law, which is the essential idea upon which the United States Constitution is based.
According to Leah Litman's article on June Medical Services v. Gee, which of the following ways is Lousiana asking the Supreme Court to restrict abortion without explicitly overturning Roe v. Wade? Select all that apply.
-Establishing a rule that prevents abortion providers from challenging abortion restrictions. -Establishing a rule that restrictions are legitimate so long as a lawmaker might believe that the restriction serves a valid purpose -Eliminating the requirement that lower courts must weigh the benefits a law offers against its burdens.
six Clauses in the fist amendment
-Establishment Clause (freedom of religion has two components -- no establishment of state religion is the first) -Free Exercise (freedom of religion has two components -- no infringement on the exercise of religion is the second) -Freedom of "expression," which derives from the merging of freedom of speech and -Freedom of the press -The right to peaceably assemble, and -The right to petition the government
federal courts
-Federal Courts •Federal Court system has three tiers •judges are appointed, subject to senate review •Article I judges - typically 15 year terms •Article III judges - lifetime tenure
Though Ruth Bader Ginsburg and Oliver Wendell Holmes, Jr. lived at different times and are obvious contrasts in many ways, their lives and careers demonstrate some interesting and telling similarities. Consider the following statements, as some of them (more than one, but not all) correctly describe some of those similarities between the two famous judges. Choose the answer that combines truthful, correct statements comparing the Ruth Bader Ginsburg to Oliver Wendell Holmes, Jr.
-II.Both established careers as practicing attorneys who worked primarily with federal law before being appointed to the bench (to a judgeship), and both were appointed to serve as judges on courts below the US Supreme Court before being appointed—essentially promoted—to serve as US Supreme Court Justices. -Both justices are known as "originalists" in their approach to understanding the Constitution. As an "originalist," Justice Holmes took the position that the majority was always right, and, building on that idea, Justice Ginsburg has said that the meaning of the Constitution is static, that it should not change over time.
Texas v. Johnson
-Johnson burned flag at rally during political convention -Was arrested, charged with a crime, and convicted -Famous = Symbolic Speech -case started in 1984 -nvolves Ronald Reagan and American Flag -decided by scotus 1989 -
Magna Carta of 1215
-Know what the idea "the rule of law" means and that the Magna Carta is key a touchstone in the historical development of this idea -Know the concept "due process of law" and that the Magna Carta is key a touchstone in the historical development of this concept
jurisdiction state power
-Location -Presence
Hustler Magazine, Inc. v. Falwell
-Magazine printed offensive satire of Falwell -Falwell said Magazine was "lying" and "harming" him ( = defamation, libel) -Falwell sued Magazine and won = •Jury awarded Falwell damages for IIED •NOT for defamation -Famous = Intentional Torts & FS
Defendant has 3 basic responses
-Motion to Dismiss -Contest plaintiff's claim - file an answer -do nothing
The State Court System
-Must involve acts controlled by state law -No state court is bound by authority of another state court -Two basic judicial structures Three-tiered system:court of last resort Two-tiered system: supreme court, trial courts
Brennan, Marshall (and to some degree, Ginsburg)
-Non-originalists = willing to read into and make new inferences from the text of the constitution or a law -
Class action
-Occurs when a group of plaintiffs with common claims collectively bring a lawsuit against a defendant -Must be certified by appropriate federal or state court
state action requirement
is born right out of the text of the Constitution: Because the protections of individual rights in the Constitution are phrased as limits on what the government can do in relation to individuals, for a person to make a claim that his/her/its constitutional rights have been violated, that person must demonstrate that the government (local, state, or federal), was responsible for the violation, not a private actor.
Henry II
is most closely associated with the key changes and reforms in English royal courts that formed the foundation of the ECL; describe those changes in the courts
When Congress designed and enacted a social insurance program to provide a system of old-age pensions, Congress also added to it a program to provide limited relief for people with disabling conditions or in poverty and a system for unemployment compensation. This large program is . . .
social security, and it is considered the keystone of the New Deal policies.
Constitutions, legislation, regulations, and court decisions are examples of
sources of American law
A party seeking judicial review of a law must have ____________ to challenge that law, which means that the operation of the law must produce a substantial injury to the rights of the party seeking review.
standing
The common law doctrine of following precedent, known as ____________, really took hold with the development of a systematic legal literature and with the invention of the printing press in the fourteenth and fifteenth centuries.
stare decisis
A(n) ________ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct to which covered parties must adhere.
statue
Laws discriminating against citizens on grounds of race or national origin are viewed as inherently suspect and are therefore subjected to ______ by the courts.
strict scrutiny
In which of the following cases do federal courts have exclusive jurisdiction?
suits against the United States
time frame- oldest to newest
Griswold v. Connecticut Eisenstadt v. Baird Roe v. Wade Planned Parenthood v. Casey Gonzales v. Carhart Whole Woman's Health v. Hellerstedt
____________ was the first case to articulate a constitutional right to privacy. This constitutional right is considered to be a __________ right.
Griswold, non-textual
Northern Securities decision
He pointed out that Congress could never have intended through the Sherman Act to prevent all combination. All combinations of businesses of any kind could be said to have the tendency to reduce competition. If taken to an extreme, the Sherman Act could lead to the universal disintegration of society into individuals. Furthermore, the combination set up by Northern Securities was not intended to exclude others from the field, but only to make more efficient the operations and marketing of the two firms and their connecting lines.
comply with the gentleness agreement
Bill of Rights
Which of the following is not found in a complaint?
denials
Substantive criminal laws for states are usually found in . . .
statutory law.
Burwell v. Hobby Lobby
(2014) Allowed closely-held, for-profit corporations to be exempt from a law its owners religiously object to if there is a less restrictive means of furthering the law's interest. Justice Ruth Bader Ginsburg wrote a dissent in which she argued that the majority's decision was precluded by the Court's decision in Employment Division, Department of Human Resources of Oregon v. Smith in which the Court held that there is no violation of the freedom of religion when an infringement on that right is merely an incidental consequence of an otherwise valid statute. Additionally, judicial precedent states that religious beliefs or observances must not impinge on the rights of third parties, as the sought-after exemption would do to women seeking contraception in this case. Justice Ginsburg also wrote that the majority opinion misconstrued the RFRA as a bold legislative statement with sweeping consequences. Because for-profit corporations cannot be considered religious entities, the burden the respondents claim is not substantial, and the government has shown a sufficiently compelling interest, Justice Ginsburg argued that the contraception mandate does not violate the RFRA.
Jurisdiction v. lack of jurisdiction as a "legal right"
-Courts are not allowed to "offend traditional notions of fair play and justice" when extending or exercising their jurisdiction -Considered protected under concept of DUE PROCESS -Ultimately, a defendant can waive right—can consent to a court's jursdiction
Town of Greece v. Galloway
*Issue*: Does prayer at a legislative session violate the Establishment Clause of the 1st Amendment? *Date*: 2013 (Roberts Court) *Case Summary*: A town in NY is governed by a five-member town board that conducts official business at monthly public meetings. Starting in 1999, the town meetings began with a prayer given by an invited member of the local clergy. The town did not adopt any policy regarding who may lead the prayer or its content, but in practice, Christian clergy members delivered the vast majority of the prayers at the town's invitation. The town was 97% Christian and did not even have a local synagogue. An atheist and a Jewish woman later sued the town. *Rule of Law/ Precedent Set*: USSC held that the establishment clause was never meant to limit legislative prayers (Marsh v. NE cited). Legislative prayer is primarily for the members of the legislature, and therefore such prayers do not coerce the public into religious observance. Town meetings are mostly filled with adults who are not considered a vulnerable class since they can choose whether or not to participate in prayers. The dissenting justices argued that legislatures and town meetings are different in that town meetings are a public forum in which people come to participate in the political process and forces individuals who do not agree with the beliefs represented in the prayer to either accept or visibly make their dissent known.
The Supreme Courts decision in district Columbia v Heller and McDonald V Chicago have
- essentially created a constitutional, personal right to possess a firearm, when there had not been such a right recognized by the Supreme Court before -"incorporated" the personal right to possess a firearm, which made it effective against the state and local governments.
Answer
- filed by defense - Admits or denies allegations -can list affirmative defense -Can counterclaim or cross-claim -If all allegations are admitted, a judgment is entered against the defendant
After serving in the Union Army during the Civil War, Oliver Wendell Holmes returned to Harvard College in 1864 to pursue his education to become a lawyer .
- harvard college -1864-became a lawyer
law
- output of the legislature, the statues enacted by legislators - Slightly more encompassing definition: set of rules promulgated and enforced by government. (This is the idea known as positive law = written law enforced by government) -More broadly - including systems and methods Define jurisprudence: the study of legal philosophy
Federal Courts
- subject matter -diversity jurisdiction
Equal Protection / Key Ideas
- suspect classificaition -Classifications that burden fundamental rights -Quasi-Suspect Classifications -No suspect classifications, nor any fundamental rights
Which of the following are characteristics of the CIVIL law system that are not true of the common law system? Select all that apply.
- there Is no use of juries - judges act like umpires possible
Service of process:
-(d) can be waived under federal rule involves the service of a complaint and summons on the defendant.
Lochner Era
-Associated with Supreme Court that replaced state laws with its own preferences -So those justices are considered (historically) to be "judicial activists" in a bad way:
RBG involved in several Cases
-Background Reed v. Reed, etc. Quasi-Suspect Classifications dissent
Which of the following are NOT major 1st Amendment cases (select all that apply):
-Brown v. Board of Education -Griswold v. Connecticut -Roe v. Wade -United States v. Virginia
Intermediate appellate courts
-Cases brought on appeal—must allege an error by trial court Standard of Review -Standard of Review -Sit in panels then it goes court of last report
Mid-1930s through1960s:
-Court backed away from its Lochner-ish decisions -At same time, started upholding New Deal legislation -SCOTUS starting using more explicit tests -
trial court jurisdiction
-Original and general jurisdiction -Special Trial courts -standard
What are the types/forms/categories of jurisdiction?
-Personal jurisdiction -Subject matter jurisdiction -Original v. appellate jurisdiction -General v. limited jurisdiction -Concurrent v. exclusive jurisdiction
U.S. Supreme Court
-Primary function is review -Final authority on federal jurisdiction -Reviews actions of Congress, the president, and state governments -Limited original jurisdiction
United States v. Miller
-SCOTUS uniformly upheld gun controls -SCOTUS did not infer a limit on state governments
Scalia, Thomas, and many "conservative" watchers of SCOTUS:
-Textualism—reliance on what is in text, ignore what is not in text -Originalism—when you have a problem understanding what text means, use the original meaning, what it meant at time text was written
Pleadings
-The formal written allegations filed with the court by both sides to a lawsuit -The two most common pleadings are the complaint and the answer Plaintiff: files the complaint - Complaint- Document a plaintiff files with the court and serves on the defendant to initiate a lawsuit Parties -jurisdiction -Legal claim (facts and law) -States relief sought -Summons :Court order to the defendant
Court Gets Involved-- LITIGATION
-The plaintiff files a complaint in court and a summons is issued by the court -The defendant is served with a copy of the complaint and summons -•The defendant either defaults or files an appropriate response to the complaint -Both sides prepare for trial, normally by conducting discovery -trial date is set
Special federal courts
-U.S. Court of Federal Claims -U.S. Tax Court -Court of International Trade -U.S. Court of Veterans Appeals
The Intermediate Scrutiny Test
-Usually applied to cases of alleged gender discrimination The government must show the challenged action was Substantially related (narrowly tailored??) To an important government interest.
Courts apply the strict scrutiny standard when . . .
-fundamental right is involved -a suspects class is involved -race discrimination is involved
According to the Court in Whole Woman's Health v. Hellerstedt, how did the Texas law's requirement of admitting privileges impact a woman's ability to seek an abortion? Select all that apply. Hint: the exact language from the opinion can be found in Linda Greenhouse and Reva Siegel's article "The Difference a Whole Woman Makes."
-overcrowding -fewer doctors -closure of nearly half the Texas abortion clinics -long waiting times
The Lochner Era refers to the [ Select ] ["period from the late-1890s until the late 1830s (1887 to 1837)", "the last two or three years before the start of the Great Depression", "the years immediately after the Great Depression", "the period from 1877 until 1946", "decade following the Supreme Court's 1914 decision in Arizona v. Lochner"] when the Supreme Court used [ Select ] ["Fifth Amendment-based free exercise of economic speech", "a limited interpretation of the Equal Protection Clause", "the fundamental rights of bakers to bargain with vendors", "substantive due process", "the Thirteenth Amendment"] routinely as the rationale for invalidating economic regulations adopted by various states based. In doing so, the Court substituted its own notions of how government should best regulate business and employment in place of decisions reached through democratic processes and enacted by legislatures.
-substantive due process
united States v. Virginia
1996 - Sex-based "separate but equal" military training facilities violate the Fourteenth Amendment's Equal Protection Clause.
3 basic procedural phases:Pleadings phase:
1. Parties first sort out some basic questions:What is the proper law that governs this type of dispute?Which court is the proper court in which to proceed? (Hint: Should it be in state court? Federal court? Is the type of issue one that should properly be held in a court of special subject matter jurisdiction? I.e. Bankruptcy court, tax court, small claims court, etc.What is the proper "cause of action" (COA)? Parties then file documents with court announcing their claims and defenses:The initial filing by the plaintiff is the "complaint"Defendant's have a number of options:They may challenge the court, the governing law, or the venue by filing a "motion to dismiss"They may "answer" the claim by admitting, denying, or filing their own claims against the plaintiff. Parties "serve" these documents on one another 2. Discovery and pre-trial phase Parties investigate facts and gather evidence (with assistance of court) - this is called "Discovery"There are four major forms of discovery: depositions, interrogatories, document production, and physical/mental examinations 3. Trial and AppealsMultiple steps from opening argument until final judgment (below)May be some post-trial steps or reviewAppeal
Trial courts do just what the name implies
1. determine the facts of the case, 2. apply settled rules of law to those facts in order to 3. make a ruling to resolve the dispute and announce that decision.
Privileges and Immunities Clause
14th amendment
Which of the following amendments to the U.S. Constitution is the Reconstruction-era amendment that contains a Due Process Clause and a clause that is considered the basis for requiring governments to provide everyone "equality before the law"?
14th amendment
Barron v. Baltimore
1883 decision ruled that the Bill of Rights (Links to an external site.) did not apply to the state governments
Thirteenth Amendment
Abolished slavery and involuntary servitude (except as punishment for a crime); adopted in 1865. -Section 1: "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." Section 2: "Congress shall have power to enforce this article by appropriate legislation." The "enforcement power" (listed in Section 2) is a crucial piece in understanding the changing relationship between the states and the federal government.
The Rational Basis Test
Applied to cases of alleged discrimination/infringement when -there is no suspect classification nor -fundamental right involved; The plaintiff must prove the challenged action is not -reasonably related to achieving -a legitimate government purpose
The Strict Scrutiny Test
Applied to cases of alleged discrimination/infringement when there is -A suspect classification -A fundamental right involved The government must prove the challenged action was -Necessary to achieve a compelling government interest and least restrictive means
Slavery was implicitly permitted in the original Constitution through provisions such as
Article I, Section 2, Clause 3, commonly known as the Three-Fifths Compromise. The Three-Fifths Compromise detailed how each slave state's enslaved population would be factored into its total population count for the purposes of apportioning seats in the United States House of Representatives and direct taxes among the states.
What was the first plan for a sort of "national" government for the United States, which set up a federation of the states following the adoption of the Declaration of Independence, but did not provide a way for that newly formed U.S. government to levy and collect taxes, regulate commerce with foreign countries, nor regulate interstate commerce?
Articles of Confederation
The ______ seek to limit the exercise of judicial review and, accordingly, reduce the potential for political conflict flowing from an ill-advised or untimely use of judicial power.
Ashwander rules
In the landmark case of ______, the Supreme Court repudiated the "separate but equal" doctrine in the context of public education.
Brown v. Board of Education (1954)
Establishment Clause pt3
By its language and obvious intent this clause prevents Congress from establishing an official religion for the nation, but what else does it limit? Some answers: Courts have interpreted this as creating the "wall of separation between church and state" which tells all levels of governments:no government support for a religion,no preferring any one religion over another, andno excessive government entanglement with religion.
Case Law from the US Federal Courts
Case law is the law courts establish in judicial decisions, so US federal courts create case law when they issue written opinions explaining their interpretations and applications of enacted law.
Which of the following statements best indicates how chancery courts were different from law courts?
Chancery courts relied on general principles of fairness in granting relief rather than emphasizing strict legal procedures.
What type of evidence is indirect evidence that provides the jury with information from which inferences may be drawn?
Circumstantial evidence
What are the two components, the two strands of protection that have evolved out of the original concept of due process
Collectively, "Due Process" rights encompass the legal principles of procedural due process and substantive due process. Procedural due process is the guarantee of a fair legal process when the government tries to interfere with a person's protected interests in life, liberty, or property. Substantive due process is the guarantee that the fundamental rights of citizens will not be encroached on by government.
Which of the following statements about the contrast between common law systems and civil law systems is TRUE?
Common law systems rely upon judicial precedents and utilize juries in an adversarial system for trials; whereas, civil law systems rely on a code of laws, and some even employ an inquisitorial process for trials in which the civil law judge prepares the case for trial and even investigates the facts of the case.
Appellate Courts
DONT So no new evidence, no witnesses Focus on •Errors •Questions of law - Judges
Which of the following is NOT a characteristic of the English legal system
English law was heavily influenced by Roman law and thus reflected much of what we consider to be a civil law system
Federal APPELLATE Courts
Federal system is "three-tiered," which means it has two levels of appellate courts; In the federal system, the highest court is the Supreme Court of the United States (SCOTUS);The Supreme Court decides which cases it will hear, from the cases it is asked to review, andIt hears a small percentage of the cases it is asked to review each year. Federal Circuit Courts of Appeals are the main intermediate appellate courts.
Two types of courts divided into two more groups
Federal v. State Courts and Trial v. Appellate Courts
Motion for judgment on the pleadings
If all the facts presented in the pleadings are taken as true, the party making the motion would win the lawsuit
Which of the following summarizes the test the Supreme Court has articulated for challenges based on the Free Exercise Clause?
If the claimant demonstrates both (1) a "sincere belief" and (2) that the government has placed an "undue burden" on that belief, then the Court will only allow the regulation to stand when the government demonstrates a "compelling interest" for imposing a burden and must also demonstrate that it is using the "least restrictive means" to further that interest.
united state vs virginia
In a 7-to-1 decision, the Court held that VMI's male-only admissions policy was unconstitutional. Because it failed to show "exceedingly persuasive justification" for VMI's gender-biased admissions policy, Virginia violated the Fourteenth Amendment's equal protection clause. Virginia failed to support its claim that single-sex education contributes to educational diversity because it did not show that VMI's male-only admissions policy was created or maintained in order to further educational diversity. Furthermore, Virginia's VWIL could not offer women the same benefits as VMI offered men. The VWIL would not provide women with the same rigorous military training, faculty, courses, facilities, financial opportunities, or alumni reputation and connections that VMI affords its male cadets. Finally, the Fourth Circuit's "substantive comparability" between VMI and VWIL was misplaced. The Court held that the Fourth Circuit's "substantive comparability" standard was a displacement of the Court's more exacting standard, requiring that "all gender-based classifications today" be evaluated with "heightened scrutiny." When evaluated with such "heightened scrutiny," Virginia's plan to create the VWIL would not provide women with the same opportunities as VMI provides its men and so it failed to meet requirements of the equal protection clause. [NOTE: Justice Ginsburg's announcement of the Court's opinion may be considered an address to the American public. It is a plain-spoken and forceful summary of the majority position.]
What was Ruth Bader Ginsburg's relationship to the Lilly Ledbetter Fair Pay Act of 2009?
In announcing her dissent in Ledbetter v. Goodyear Tire & Rubber Co., Ginsburg suggested that Congress should correct what she understood to be Court's incorrect (but majority) decision in that case, and Ledbetter Fair Pay Act was passed two years later.
District of Columbia v. Heller and McDonald v. Chicago (Links to an external site.) in terms of ideas of originalism and judicial activism?
In both District of Columbia v. Heller (2008) and McDonald v. Chicago (2010), the Court struck down laws that placed restrictions on gun ownership. The majority in both cases argued that gun control legislation gave the government too much power and violated individual liberties. [Learn more about DC v. Heller] Why do these cases matter? The importance of McDonald v. Chicago has to do with the fact that Constitutional rights don't automatically apply to state and local governments. So, even though the decision in DC v. Heller had granted individuals the right to own operative had guns in their home in the District of Columbia, it was the McDonald decision that extended this right to state and local governments. The decision was based on the principle of "selective incorporation" of the Due Process Clause of the Fourteenth Amendment. We'll discuss this principle more in a future lesson.
Based on Leah Litman's article, which of the following answers BEST describes Senator Josh Hawley's views/position with respect to the upcoming June Medical Services v. Geecase?
Judicial nominees should be even more anti-abortion and the Court should overrule its previous holding that an abortion restriction is invalid if it burdens a large fraction of women who are affected by it.
Gonzales v Carhart
Justice Ginsburg sharply disagreed with the majority noting that "the Court's hostility to the right Roe and Casey secured is not concealed." She believed it was irrational for the State to further any legitimate interest in an equally gruesome procedure, which may be similarly characterized as brutal. In her view, "The law saves not a single fetus from destruction, for it targets only a methodof performing abortion." Furthermore, she believed that the Act would "chip away" a right that was declared by the Supreme Court as central to women's lives. Although Gonzales did not discard previous cases such as Roe or Casey, it was inconsistent with the very principles of stare decisis. Instead of following clear prior holdings, the Court would take deference to this "legislative override of our Constitution-based rulings." Justice Ginsburg, true to her roots in litigation for gender equality said of the majority opinion when announcing her dissent, "Notably, the solution the Court approves is not to require doctors to inform women adequately of the different procedures they might choose and the risks each entails. Instead the Court shields the woman by denying her any choice in the matter and this way of protecting women recalls ancient notions about women's place in society and under the constitution ideas that have long since been discredited."
Discovery
Legal process during which each party engages in various activities to discover facts of the case from the other party and witnesses prior to trial -Purposes Preventing surprises during trial Allowing parties to thoroughly prepare for trial Preserving evidence Saving court time Promoting settlement of cases
litigation.
Litigation is the process of resolving a legal dispute through the public court system; it encompasses all of procedures and steps necessary to bring, maintain, and defend a legal action in court
In a concurring opinion in Ashwander v. Tennessee Valley Authority (1936), Justice _________ set forth the basic limiting doctrines observed by courts in the exercise of judicial review.
Louis D. Brandeis
Of the 50 U.S. states, the only one that it did not choose to essentially follow the English common law was .
Louisiana
McDonald v. Chicago
Made newly pronounced made Second Amendment rights applicable in the states.
In ________________, the Supreme Court struck down a provision of a federal statute for the first time, and thereby assumed the power of judicial review.
Marbury v. Madison
Mary has already won her case at the U.S. Court of Appeals. When the case is reviewed by the Supreme Court, only eight judges are present. Four of the judges vote for Mary while the other four vote against her. Which of the following will be the result of this case?
Mary will win the case as she had already won at the U.S. Court of Appeals.
Lillian Gobitis, age twelve, and her brother William, age ten, were expelled from the public schools of ____________ for refusing to salute the national flag.
Minersville, Pennsylvania
A recent report on National Public Radio (from January 17, 2018) was titled, "Trump Eases Rules for Bird-Killing Wind Turbines, Power Lines." The report explained that most birds in the U.S. have been protected under a 100-year old federal law, the Migratory Bird Treaty Act. But recently, the Trump administration made a major change to how that law is enforced, and the change is a benefit the energy industry. Which case, involving Oliver Wendell Holmes, involved the same act and dealt with vertical federalism?
Missouri v hollan
split between common law courts and equity courts
Most law professors that I had simply defined "common law" as any decision where you are asking the court to give you money, and a decision in "equity" is where you are asking the court for anything except money (an injunction, a restraining order, etc.).
State APPELLATE Courts
Most states have two levels of appellate courts like the federal system, but the structures and names vary. A handful of states still have "two-tiered" court systems, which means the states have only one layer of appellate courts.
Motion for summary judgment
No factual disputes to be decided by the jury and that the judge can apply the proper law to the undisputed facts and decide the case without a jury
Gonzales v. O Centro Espirita Beneficiente Uniao do Vegetal
O Centro Espirita Benficiente Uniao do Vegetal (UDV), a religious organization, brought suit in federal court to prevent the government from interfering with UDV's use of hoasca, a substance used during religious ceremonies that contains a drug prohibited by the Controlled Substances Act. UDV argued that the Religious Freedom Restoration Act, which prohibits substantial imposition on religious practices in the absence of a compelling government interest, established their right to use hoasca. Yes. In a unanimous 8-0 decision (Justice Alito not participating), the Court held that the government had failed to prove a compelling interest in regulating the UDV's use of drugs for religious purposes. Writing for the Court, Chief Justice John Roberts rejected the government's argument that the Controlled Substances Act could accommodate no exceptions. On the contrary, Justice Roberts wrote, the Court is required by the RFRA to examine individual religious freedom claims and grant exceptions to generally-applicable laws where no compelling government interest can be shown. The Court also rejected the argument that an exception for UDV was precluded by international treaty. The government failed to submit "evidence addressing the international consequences of granting an exemption for the UDV," instead citing "the general importance of honoring international obligations and of maintaining the leadership position of the United States in the international war on drugs." The Court held that such general government interests were not sufficient to satisfy the compelling interest standard.
Fourth Amendment
Prohibits unreasonable searches and seizures of persons or property
Seventh Amendment
Protects the rights to a trial by jury in civil cases involving more than $20
Fifth Amendment
Protects the rights to due process of law also extends the due process "fairness" concept to government "takings (Links to an external site.)," protecting people against arbitrary use of eminent domain, and requiring that the government pay "just compensation" the Fifth Amendment lists other "procedural" protections--requirements that the government treat people fairly--in both criminal and civil disputes. The three procedural protections specifically applicable in criminal contexts are (1) the requirement of indictment by grand jury for major crimes, (2) the protection against self-incrimination, and (3) the prohibition against double jeopardy.
Which of the following is NOT an example of a right/liberty/freedom that the Supreme Court has protected using "substantive due process" concept?
Right to counsel
Texas v. Johnson,
SCOTUS recognized that First Amendment protection does not end at the spoken or written word but also protects conduct that conveys a political message, relates to patriotic acts.
In Abrams v. United States, the Supreme Court's majority opinion upheld the criminal conviction of protestors who distributed pro-Russian leaflets in 1918. But Oliver Wendell Holmes disagreed with the majority, so he wrote a historically significant dissenting opinion. In his dissent, Holmes explained that freedom of speech protected the "free trade in ideas" which helped "search for truth," which was necessary in a democracy. This dissent marked a contrast with some earlier decisions, in which Holmes had joined the Court's majority, that upheld similar convictions. In fact, Holmes's dissent in Abrams came less than a year after he had articulated the "clear and present danger" test in the unanimous decision he wrote in . . .
Schenck v. United States
The Supreme Court used its power of judicial review to strike down part of an act of Congress for only the second time in which of the following cases?
Scott v. Sandford
Which Supreme Court case reaffirmed the idea that even highly "offensive" speech is protected under the First Amendment with a decision written by Chief Justice John Roberts in which he explained, "Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow and—as it did here—inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a nation, we have chosen a different course—to protect even hurtful speech on public issues to ensure that we do not stifle public debate."?
Snyder v. Phelps
The case involving members of the Westboro Baptist Church, who held up signs with offensive messages about homosexuals and the military during funerals for American soldiers, was known as ______, and it involved the freedom of _______.
Snyder v. Phelps; speech
Case Law from State Courts
State courts create state-level case law similarly to federal courts--interpreting enacted law. Additionally, state courts also announce and refine their state's common law. Even today, state common law is the main source of many areas of substantive civil law, such as contract law, property law, and the law of torts.]
Which of the following is NOT a true statement regarding the jurisdiction of the state trial courts?
State courts have broad subject matter jurisdiction and try all types of criminal and civil cases, including torts and crimes that are defined by federal law.
State Regulations
State executive branch (administrative) agencies carry out state laws by developing regulations and enforcing the statutes and regulations in specific areas delegated to them by state legislatures.]
State Statute
State statutes are enacted when passed by an individual state legislature and signed by governor of that state. Ordinances are pieces of legislation enacted by local governments.]
In a 2017 appearance before the Senate Intelligence Committee, former FBI director James Comey testified that President Trump said to Comey that he "hoped" Comey could "let go" of any investigation into Michael Flynn. Then, when asked specifically if he would take the president's statements as a directive, Comey answered, "Yes. It rings in my ears as kind of 'Will no one rid me of this meddlesome priest?'" In this answer Comey repeated a famous (or infamous) quote attributed to a medieval king of England, that led to the murder of the archbishop. The senator who questioned Comey, and many in the room witnessing the exchange, recognized the quote and its meaning. More than anything, this demonstrates what about our American legal system?
The American legal system, with its deeply engrained notions about the rule of law, shares memories and cultural understandings that date back hundreds of years with its predecessor system's—the English common law—tradition.
Which part of the Bill of Rights contains a provision that explicitly and expressly states that Congress and the President cannot restrict a private citizen's right to enter into a contract?
The Bill of Rights does not include a clear provision that implies this vague right to make a contract / liberty of contract.
The Fifth and Fourteenth Amendments both contain a due process clause. Which statement most accurately reflects the authority of the Fifth and Fourteenth amendment?
The Fifth Amendment always prohibited the federal government from violating an individual's due process rights. The Fourteenth Amendment utilized this same language and, over time, began to apply those same rights against state and local governments. This process is known as selective incorporation.
Which of the following best states the result of the U.S. Supreme Court landmark decision Missouri v. Holland?
The Supreme Court upheld the constitutionality of the Migratory Bird Treaty Act because the Constitution makes treaties the supreme law of the land, which effectively trumps any state-level concerns with regard to the provisions of any treaty.
The Supremacy Clause of the U.S. Constitution established which of the following principles?
The U.S. Constitution, treaties, and laws enacted by Congress are the supreme law of the land.
Which of the following statements is true of the U.S. Supreme Court?
The U.S. Supreme Court does not hear any new evidence or testimony in reviewed cases.
Original Jurisdiction:
The authority of a court to hear and decide a dispute in the first instance. Generally speaking, trial courts are courts of original jurisdiction,
Personal Jurisdiction:
The authority of a court to hear and decide a dispute involving the particular parties before it. Think: court's POWER/AUTHORITY over parties in this case
Subject Matter Jurisdiction:
The authority of a court to hear and decide the particular dispute before it. Think: court's POWER/AUTHORITY to decide legal issues in this case
equal protection clause
The equal protection clause is found at the end of Section 1 of the Fourteenth Amendment. The key language is Nor shall any State . . . deny to any person within its jurisdiction the equal protection of the laws. -The Crucial Idea: EQUALITY BEFORE THE LAW •Focus on Legislation •Analysis uses tiers of scrutiny •Equality in treatment •Look for: Congress of state legislature acting in a way That distinguishes between otherwise similarly situated groups
federal statues
The federal statutes are written by US Congress and enacted when passed by Congress and signed by the president.
The Citizenship Clause
The first clause of Section 1 of the Fourteenth Amendment states:"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."Thus, U.S. citizenship is automatically granted to any person born within the United States. Think - What is the worst, most infamous Supreme Court decision of all time, and how is it linked to the Fourteenth Amendment? Dred Scott
Equal Protection Clause
The fourth clause of the Fourteenth Amendment states that no state shall "deny to any person within its jurisdiction the equal protection of the laws."
When was it originally stated by the Supreme Court and what was the Lochner era? How did Oliver Wendell Holmes's writing/decisions and jurisprudence fit in with the Lochner era/type decisions?
The idea that the Supreme Court can invalidate a law because the law violates non-textual (but fundamental) rights using the doctrine of "substantive due process" dates back to the the Lochner era;
Reed v. Reed
The landmark case in 1971 in which the Supreme Court for the first time upheld a claim of gender discrimination The Idaho Probate Code specified that "males must be preferred to females" in appointing administrators of estates. After the death of their adopted son, both Sally and Cecil Reed sought to be named the administrator of their son's estate (the Reeds were separated). According to the Probate Code, Cecil was appointed administrator and Sally challenged the law in court. , the Court held that the law's dissimilar treatment of men and women was unconstitutional. The Court argued that "[t]o give a mandatory preference to members of either sex over members of the other, merely to accomplish the elimination of hearings on the merits, is to make the very kind of arbitrary legislative choice forbidden by the Equal Protection Clause of the Fourteenth Amendment. . .[T]he choice in this context may not lawfully be mandated solely on the basis of sex.
Federal TRIAL Courts
The primary trial courts in the federal court system are the U.S. District Courts. There are 94 federal judicial districts, including at least one district in each state, the District of Columbia, and Puerto Rico. The federal court system has a few specialized "limited jurisdiction" trial courts:U.S. Bankruptcy Courts - Each of the 94 districts has a U.S. Bankruptcy court as a specialized unit of the district court.
Procedural Due Process
The requirement that governments follow certain procedures when seeking to deprive people of life, liberty, or property.
Substantive due process:
The requirement that governments not deprive anyone of fundamental rights (THINK: life, liberty , or property) where the law being violated is found to be arbitrary or unreasonable.
From 1887 through 1914, Congress enacted a series of legislative programs—the Interstate Commerce Commission Act, the Sherman Antitrust Act, the Clayton Act, and the Federal Trade Commission Act. Which of the following statements about this series of acts is FALSE?
These acts are emblematic of how American law (and the courts) seemed to favor rapid growth and economic enterprise in the first 150 years of the nation's existence.
Substantive Criminal Law
This area of law defines what is and what is not a crime, groups different types of crimes, and prescribes the punishments for those convicted of crimes.
Law of Civil Procedure
This area of law details the processes private parties must use to resolve disputes over rights and obligations to others.
Brown v. Board of Education
This case was the consolidation of cases arising in Kansas, South Carolina, Virginia, Delaware, and Washington D.C. relating to the segregation of public schools on the basis of race. In each of the cases, African American students had been denied admittance to certain public schools based on laws allowing public education to be segregated by race. They argued that such segregation violated the Equal Protection Clause of the Fourteenth Amendment. The plaintiffs were denied relief in the lower courts based on Plessy v. Ferguson, which held that racially segregated public facilities were legal so long as the facilities for blacks and whites were equal. (This was known as the "separate but equal" doctrine.) Chief Justice Earl Warren delivered the opinion of the unanimous Court. The Supreme Court held that "separate but equal" facilities are inherently unequal and violate the protections of the Equal Protection Clause of the Fourteenth Amendment. The Court reasoned that the segregation of public education based on race instilled a sense of inferiority that had a hugely detrimental effect on the education and personal growth of African American children. Warren based much of his opinion on information from social science studies rather than court precedent. The decision also used language that was relatively accessible to non-lawyers because Warren felt it was necessary for all Americans to understand its logic.
Law of Criminal Procedure
This is the law that sets out the processes the government uses to investigate and prosecute crimes as well as the procedures courts must use to determine guilt.
Substantive Civil Law
This large category includes entire areas of law such as contracts, property, torts, and family law. Generally, these areas of law define rights and duties of private parties.
The Supreme Court's review of Marbury v. Madison occurred in the larger context of partisan political struggles between two groups, the first parties in the history of American politics. The episode of the More Perfect podcast discussing this case explained this context by describing the animosity between two cousins who were central figures in the case and labeling the case as a "smack-down" between them. Who were the two cousins?
Thomas Jefferson and John Marshall
A cause of action is
a claim that based upon the law and the facts is sufficient to demand judicial action.
Pro quarterback Colin Kaepernick, who chose to kneel instead of standing during the national anthem before football games can be analogized with the plaintiffs which Supreme Court case?
West Virginia State Board of Education v. Barnette This is correct! If you recall from the New Yorker article about Kaepernick, the author analogized with this case because it has to do with freedom of expression. In this case, the Supreme Court struck down a regulation which required students to salute the flag while reciting the Pledge of Allegiance.
Which Supreme Court decision tells us, "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us."?
West Virginia v. Barnette
he significance of William the Conqueror and his immediate successors, especially Henry II, in the development of the ECL
William the Conqueror (and his successors) was from Normandy (in France) and solved the challenges of becoming the king of England across cultural, language, and geographical barriers through improved/tightened central administration of the monarchy
to resolve a legal dispute
a court must fairly apply the law the facts of the case. To fairly apply the law, the court must first state what the law is. Often that requires interpreting and explaining the law, and so when a court does so, it helps develop the law. By extension, because courts routinely explain the law, they help to manage the entire legal system. Additionally, in the American legal system, we have a long and significant tradition of courts using "judicial review," which, in effect, gives courts a central role in maintaining limited government and protecting individual rights.
as it was originally interpreted for the first 100 years after it was ratified, the Bill of Rights protected people's freedoms against incursions by all branches of [ Select ] ["both the federal and the state governments", "the state governments", "the federal government"] . But, starting in 1897, the Supreme Court applied many of the protections and limits in the Bill of Rights to the state governments by interpreting the Fourteenth Amendment's [ Select ] ["Privileges or Immunities Clause", "Citizenship Clause", "Equal Protection Clause", "Due Process Clause"] using a doctrine called "selective incorporation."
all Branches federal government due process clause
Title XII of the Civil Rights Act of 1964, as amended, has been interpreted to prohibit
all of the abve - sexual orientation, harrasment and affirmative action
The Supreme Court decision in Town of Greece v. Galloway (Links to an external site.) involved . . .
an "accommodationist" approach to a town council that started its meetings with a prayer.
The federal government and each of the 50 state governments maintain their own systems of courts. These systems include both trial courts and ______ courts.
appellate.
The legislative branch of the U.S. federal government is
bicameral
The first ten amendments to the U.S. Constitution are collectively known as the . .
bill of rights
When both state and federal governments have the right to regulate an area, those governments have
concurrent jurisdiction.
"implied" powers
congress has these powers based on concept embodied in the "Necessary and Proper" clause (Art. I, Sec. 8, Cl. 18)
In laying out a framework for the federal government the U.S. Constitution includes provisions that (1) describe the three branches of government and define their roles; (2) define the relationships both (a) among the states' governments and (b) between the states' and the federal government; and set limits on the new federal government; and (3) protect individuals' rights. When it comes to expressly protecting an individual's civil rights, which of the following would accurately complete a statement that begins, "The U.S. Constitution . . ."?
contains multiple provisions that protect individual rights in its first ten amendments and in the Thirteenth, Fourteenth, and Fifteenth Amendments.
In his article about Ruth Bader Ginsburg, Jeffrey Toobin suggests that Ginsburg's approach to judicial decision-making is clearly demonstrated by her
criticism of the Court's decision in Roe v. Wade.
Federal courts may hear cases
dealing with state law issues if the litigants are from different states and the amount in controversy is over $75,000.
What type of evidence is testimony by an eyewitness?
direct evidence
The trier of fact is usually found in which court?
district court -The jury in a jury trial; the judge when there is not a jury trial
The federal courts' ______ applies only to civil suits and is unrelated to the presence of a question of federal law.
diversity jurisdiction
Cruel and Unusual Punishment
eight amendment
The power of the government to take private property rights, provided that just compensation is provided and due process afforded, is referred to as . . .
eminent domain
We call these Congress's [ Select ] ["judicial", "particularized", "enumerated", "pluralistic", "administrative"] powers. For example, Congress may "coin Money," "establish Post Offices," "establish [rules governing] Naturalization," as well as, create and maintain an Army and a Navy. It seemed to the Framers that they had carefully limited the scope of what the federal government could do by explicitly conferring only some specific powers to it. Yet, some people at the time must have doubted this, or, perhaps the Framers thought they should confirm this understanding, because they included the Tenth Amendment, which expressly states that the states reserve all powers that were not given to the federal government by the Constitution, in the
emurated tenth Bills of rights
Affirmative action, which has been a major source of litigation and remains controversial, is typically challenged as presenting problems based on the concept of . .
equal protection of law
According to the article "It's Unconstitutional," President Trump's executive order travel ban is unconstitutional based on what part of the Constitution?
establishment clause of the first amendment
The Constitution also prohibited both Congress and the state legislatures from adopting both (1) ____________, which are laws passed after the occurrence of an act that alter the legal status or consequences of that act and (2) ____________, which are laws that impose punishment upon a person without benefit of a trial in a court of law.
ex post facto laws; bills of attainder
The original seven articles that composed the U.S. Constitution of 1787 prohibited Congress and the state legislatures from adopting both (1) ____________, which are laws passed after the occurrence of an act that alter the legal status or consequences of that act and (2) ____________, which are laws that impose punishment upon a person without benefit of a trial in a court of law.
ex post facto laws; bills of attainder The original Constitution contained only a few explicit protections of individual rights--which were actually phrased as explicit prohibitions on the government's ability to act against an individual. Significantly, both Congress and state legislatures are prohibited from enacting bills of attainder and ex post facto laws by Article I, Sections 9 and 10.
As it was originally interpreted, the Bill of Rights protected people's freedoms against incursions by _______. But, starting in 1897, the Supreme Court extended many of the protections and limits in the Bill of Rights to the states via the Due Process Clause employing a doctrine called _______.
federal government, selective incorporation
Of the following, which source of law in America is an example of law that has been enacted and codified?
federal statues
A system of government in which the people are regulated by both federal and state governments is known as
federalism
Which of the following amendments to the U.S. Constitution contains a Due Process Clause that was originally understood to apply to only actions of the federal government?
fifth amendment
Establishment Clause
first amendment
How many U.S. Supreme Court justices must vote to hear the case?
four
=The ________ Clause prohibits a majority from enacting laws that either prohibit or inhibit individuals who hold religious views that differ from those of the majority from participating in or practicing their chosen religions.
free excercise
The ________ Clause prohibits a majority from enacting laws that either prohibit or inhibit individuals who hold religious views that differ from those of the majority from participating in or practicing their chosen religions.
free exercise
When a defendant loses a criminal trial and is ordered to serve a prison sentence, we say that defendant is
guilty as charged
Weinberger v. Wiesenfeld
in the case Weinberger v. Wiesenfeld (1975), Stephen Wiesenfeld was a self-employed consultant and male homemaker in Edison, N.J., who was denied his late wife's Social Security benefits to support their son because that money only went to mothers. He brought a lawsuit, which Ginsburg argued, charging that this provision of the Social Security Act denied him equal protection and violated the due-process clause of the Fifth Amendment.
The common law is a body of law that is developed through which branch of government?
judicial branch
Susan was appointed by the president and confirmed by the Senate to a seat as a judge on the U.S. Court of Appeals for the Ninth Circuit. Like all federal judges, from time to time, Susan must decide whether the laws or actions of other branches of government are constitutional. The process for making this determination is known as
judicial review
The three-part test articulated by the Supreme Court to determine whether a challenged law or policy violates the First Amendment's Establishment Clause is . . .
lemon test
In addition to the Fourteenth Amendment's due process clause, the plaintiffs in Roealso relied on the _____ Amendment, because this Amendment states that there are other rights that may exist in the Bill of Rights aside from those that are explicitly mentioned.
ninth
If the state legislature in South Dakota enacted a law that conflicts with a valid provision in the U.S. Constitution, the South Dakota law could be enforced by . . .
no one
Rights that have been protected in substantive due process are best characterized as:
non-textual
The constitutional doctrine that the Supreme Court created and has relied on to articulate rights that are not explicitly stated in the text of the constitution and then subsequently invalidate laws that infringe on those rights is
of 1890s through the 1930s (ending around 1937); substantive due process
For the most part in the American legal system, the distinction between "equity" and "law" courts is no longer significant because modern courts have merged the two. However, in many modern civil proceedings, there is one clear remnant of the distinction between "equity" and "law" courts, so the distinction between "equitable" and "legal remedies" is still significant because . . .
often parties do not have a right to a jury trial when the remedy sought is one that is historically an "equitable" remedy.
In a litigation process, the party who files a complaint is called the ________.
plaintiff
Plaintiff's case
plaintiff presents witnesses and presents evidence with direct examination and other methods (like documents), then defendant gets the opportunity to cross-examine the plaintiff's witnesses
Free Exercise Clause
prevents legislatures from enacting laws which single out a religious minority and restricting that minority's religious practices. Free Exercise controversies most often focused on laws of general application that are . . . Religiously neutral in their content BUT in their application work a hardship on members of one faith or another Think -> (1) Burwell v. Hobby Lobby and (2) cases involving the limited use of drugs in religious ceremonies like: Gonzales v. O Centro Espirita Beneficiente Uniao do Vegetal.
Establishment Clause
promotes the separation of church and state—a pretty broad principal. According to that principal, the Establishment Clause should also prevent the government from preferring any one religion over another or becoming unduly entangled with religion
adjudicate
pronounce judicially; or, more generically, it is the act of making and announcing a formal decision in a legal dispute] for the court's act of making the formal judgment or decision.
The overriding purpose of civil law is to compensate victims for the damages caused by others' wrongdoing, while the purpose(s) of criminal law is to
punish criminals and express society's disapproval of criminal acts.
Congress's legislative powers include
raising taxes
The federal government's Social Security program, which pays benefits to older members of society but not to younger members of society, is lawful as examined by a(n) ________ test.
rational basis
Corpus Juris Civilis
referred to as Code of Justinian and how it was linked to the Napoleonic Code, and how that contrasts with the reasons for and use of case reports and legal treatises/sourcebooks like Blackstone's Commentaries and James Kent's Commentaries on American Law.
The Federal Aviation Administration (FAA) was created by Congress to regulate civil aviation. The Food and Drug Administration (FDA) was also created by Congress to regulate food and medicine contaminants. Both the FAA and FDA are examples of . .
regulatory agencies within the executive branch.
Defendant's case
reverses roles—defendant presents evidence through testimony of witnesses and other methods (like documents), and plaintiff's side gets to cross-examine the defendant's witnesses
Which of the following is NOT an example of a right that the Supreme Court has used the doctrine of "substantive due process" to recognize and protect?
right to counsel
opinions
roe v wade- Blackmun- majority whole women- Thomas- dissenting
Right to Bear Arms
second amendment
The process by which freedoms in the Bill of Rights were extended to the states via the Due Process Clause is called _______.
selective incorporation
Which amendment to the U.S. Constitution contains a clause that is now interpreted as prohibiting Congress from passing laws that create government entanglement with religion?
the First Amendment
Which of the following amendments to the U.S. Constitution contains the Due Process, Equal Protection, and Privileges and Immunities Clauses?
the Fourteenth Amendment
What is the Supremacy Clause
the Supremacy Clause is Article VI, Clause 2 of the Constitution. it tells us that the federal Constitution, treaties, laws, and regulations are the supreme law in the U.S., and take precedence over state and local law. This concept of federal law taking precedence over state or local law is the core of the "preemption doctrine": Any state or local law that directly conflicts with an otherwise valid and constitutional federal law can be pre-empted. That means that a court would enforce the federal law and set aside the contradictory state of local law But note that Congress can expressly provide that federal statutes will exclusively regulate an activity or area, or, alternatively, Congress may allow for concurrent jurisdiction of that area with the state governments.
A provision in the Pennsylvania state constitution conflicts with a provision in the U.S. Constitution. If challenged . . .
the U.S. Constitution, not the state provision, will be enforced.
The contradictions and most dysfunctional elements built into the Constitution—the failure to end slavery and concomitant institutionalization of race and gender discrimination—came together initially in the arguments over . . .
the creation of the Senate and representation in Congress.
The standard of proof used in most civil cases is known as
the preponderance of the evidence.
According to many legal scholars, including the authors of the main textbook in this class, the most celebrated and widely known common law writ was
the writ of habeas corpus.
appellate court.
they hear appeals, which means they review the decisions made by previous courts and decide whether the challenged decisions were correct.If a lower decision was correct, the appellate court affirms it.But when the appellate court determines that a lower court erred in making a decision, the appellate court can reverse it. To understand appellate courts, it's helpful to know that most appeals involve no courtroom drama, and it is even more important to understand why that is so. To start with, winning an appeal really means winning an argument over whether a previous court made a mistake. Intrinsically, then, the party appealing must point out at least one specific error made by the previous court and explain how that error led to a bad outcome.
The U.S. Congress enacts a new federal statute that creates tax credits for businesses hiring employees who present verification of their citizenship status. Assuming that this statute is constitutional—that it is a valid exercise of one of Congress's powers—this law applies . . .
to businesses in all of the states.
As described by Adam Gopnik in his article about the Second Amendment, then-Supreme Court Justice John Paul Stevens wrote a dissenting opinion in D.C. v. Heller (Links to an external site.)in which he explained the intent of the Second Amendment was . .
to secure "a right to use and possess arms in conjunction with service in a well-regulated militia."
In its 1819 decision in McCulloch v. Maryland, the Supreme Court . . .
upheld Congress's authority to establish the Bank of the United States and thereby established the concept of Congress's implied powers by interpreting the meaning of the Necessary and Proper Clause in Article I, Section 8 of the Constitution.
The Supreme Court's decision in District of Columbia v. Heller effectively . .
was a departure from previous Supreme Court precedent and gave a new and different meaning to the phrase "keep and bear arms" that is disconnected from the meaning of the phrase "a well-regulated miltia."
The Second Amendment
was originally interpreted as NOT providing an individual right to own a gun. But in 2008, the Supreme Court decided (in District of Columbia v. Heller (Links to an external site.)) that the Second Amendment DOES give an individual a right to own a gun. And, subsequently in 2010, it became the most recently BOR-based right to be incorporated (Links to an external site.) and made applicable to the States' governments.
Selective incorporation pt 2
would incorporate certain parts of certain amendments, rather than incorporating an entire amendment at once.
Substantive due process
•Focus on Legislation •Analysis uses tiers of scrutiny •Non-textual rights •Look for: •Congress or state legislature acting in a way That restricts liberty •Key is whether "liberty interest" is fundamental
Litigation is the process of bringing, maintaining, and defending a lawsuit.
•Pleadings •Discovery •Pretrial motions •Settlement •Trial •Appeal
