Summer - Exam 1

stare decisis

"To stand by the decisions" established precedents will be followed

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

Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers. Federal law only preempts state law when Congress has expressly stated the preemption for the entire field. 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. Federal environmental laws will always preempt a state's water pollution law for its state parks. A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.

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 state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.

What is true of corporate political speech? Choose 2 answers. Corporate political speech is strongly restricted in a presidential election year. Corporate political speech is protected by the First Amendment. Corporate political speech is more restricted than corporate commercial speech. Political donations are protected by the First Amendment as types of corporate political speech.

Corporate political speech is protected by the First Amendment. Political donations are protected by the First Amendment as types of corporate political speech.

Under the common law, which of the following is true? Congress is responsible for interpreting the common law. Judges may never deviate from established precedent. In a case of first impression, a judge may use persuasive authorities rather than precedents. Judges are responsible for the creation of statutes.

In a case of first impression, a judge may use persuasive authorities rather than precedents.

A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers. It must directly advance a government interest. It must not be overly restrictive to meet its objectives. It must not be financially detrimental to a company. It must seek to implement a substantial government interest.

It must directly advance a government interest. It must not be overly restrictive to meet its objectives. It must seek to implement a substantial government interest.

Tillie is served with a lawsuit to collect a debt Tillie allegedly owes to Big Ben Clocks. The summons attached to the lawsuit says that Tillie has thirty days to answer the complaint. Fifteen days later, Tillie receives a copy of a default judgment in the mail, directing Tillie to pay $1000 to Big Ben Clocks. Does Tillie have any grounds on which to have the default judgment set aside?

Yes, it is a violation of procedural due process

Common Law

also referred to as case law or judge-made law

he principle of stare decisis does which of the following? uses statutory law to guide judges to the right decision requires the fact pattern of the current case to be exactly like the fact pattern of the precedent ensures that no changes in the law ever take place creates predictability in the legal system

creates predictability in the legal system

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

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

invalidate the law

If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they: may create new precedent. must decline to hear the matter. must wait until another judge creates precedent. may ask an appellate court to decide the matter.

may create new precedent.

What type of speech does not receive First Amendment protections? Choose 3 answers. obscenity speech that incites lawlessness unpatriotic speech threats to the president of the United States

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

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

rational basis review

What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers. rational basis review factual basis review strict scrutiny intermediate scrutiny

rational basis review strict scrutiny intermediate scrutiny

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

the supremacy clause

Historically, the common law developed from: the movement from religious to secular law in 15th raised to the th power century Europe. the emergence of courts of law and courts of equity in seventeenth century France. the unification of local customs and laws in feudal England. the democratic creation of rules and laws in ancient Greece.

the unification of local customs and laws in feudal England.