Term
| Who all can pass statutory law? |
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Definition
| State legislatures and municipal ruling bodies or other governmental bodies. |
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Term
| What does "stare decisis" mean? |
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Definition
| Previously decided cases should be followed unless there is a good, legal reason to change the previous decisions. |
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Term
| What power does the supreme court use that it was not given by the constitution? |
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Definition
| The power to interpret the Constitution or statutes, but it didn't explicitly say they couldn't so they assumed that power during the Marbury V. Madison case. |
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Term
| What issue is brought up in every session of Congress? |
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Definition
| The anti-flag burning amendment. Congress has not taken any further action on the amendment though. |
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Term
| What are Substantive laws? |
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Definition
They define rights and duties.
They are also seen as the "meat" of or "heart" of the law. |
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Term
| What are Procedural laws? |
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Definition
| The define the procedural means through which violations of rights and duties are remedied. |
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Term
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Definition
| An area of the law separate from the traditional common law. It's primary purpose was to avoid unjust results occurring from strictly following the rules to the common law. |
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Term
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Definition
| When the common law's refusal to enforce a contract du to some technical deficiency resulted in an unjust result, equity was used to save the contract and prevent the injustice. |
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Term
| What case involved taxing the Fed and what state did it involve? |
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Definition
MacCulloch V. Maryland
Maryland taxed all banks in Maryland which included the Fed, citing the 10th Amendment (Reserved Power Clause) as it's reason. The Fed argued the Necesaary and Proper clause gave it the right to operate the Fed tax free. |
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Term
| What are the nick names for the Necessary and Proper Clause? |
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Definition
Inherent Powers Clause
Implied Powers Clause
Elastic Clause |
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Term
| Main reason why the civil war was fought? |
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Definition
| States rights, primarily states rights to own slaves. |
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Term
| What case made white primary elections unconstitutional? |
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Definition
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Term
| What are the limitations of the Commerce Clause? |
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Definition
| The federal government must prove that any Federal imposing on states rights must affect interstate commerce in a significant way. |
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Term
| What are the two types of Due Process? |
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Definition
| substantive and Procedural |
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Term
| What does Substantive Due Process entail? |
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Definition
| It involves the content or "meat" of the law of governmental action. This is where the sliding scale is very obvious. If the government can show a rational relation for the legislation to a legitimate government interest, then the legislation provides substantive due process. |
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Term
| What is statutory law also referred to? |
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Definition
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Term
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Definition
| Congress' extensive power to pass laws. |
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Term
| What is common law often referred to as? |
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Definition
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Term
| What was Texas V. Johnson about? |
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Definition
| The Supreme court ruled Texas' flag burning law as being unconstitutional because it was too restrictive on the 1st amendment. |
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Term
| What is the Uniform Commercial Code? |
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Definition
| It is a codification, making common law into statutory law, of the common law rules related to commercial activity. |
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Term
| What was Shay's Rebellion all about? |
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Definition
| Farmers banning together to close down banks that were foreclosing on farmers land after the Revolutionary War. No one ever killed |
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Term
| Who wrote the Federalist Papers and what were they about? |
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Definition
-James Madison, John Jay, and Alexander Hamilton.
-They were written and distributed to rally support for ratification of the Constitution. |
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Term
| What was the Youngstown Sheet & Tube Co V. Sawyer case about? |
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Definition
| Executive order from Truman for the steel mills to stay off strike during WWII, but the Supreme Court ruled that order as unconstitutional. |
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Term
| What was Gibbons V. Ogden about? |
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Definition
| The Supreme Court determined that the Commerce Clause allowed Congress to legislate with respect to all "commerce which concerns more states than one." |
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Term
| What was NLRB V. Laughlin Steel Corp about? |
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Definition
| Supreme Court upheld ruling in Gibbons V. Ogden whereby Congress could stop a work stoppage if it significantly impacted interstate commerce. |
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Term
| What was Wickard V. Filburn about? |
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Definition
| Supreme court upheld congressional control of a farmer's production of wheat for home use because the cumulative effect of home consumption of wheat by many farmers would alter the interstate commodity market. |
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Term
| What was Plessy V. Ferguson about? |
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Definition
| The Supreme Court created the doctrine of "Separate but Equal". |
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Term
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Definition
| Spick kid brings gun to school and Commerce clause is used to enforce a federal gun law. Declared unconstitutional. |
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Term
| What was Printz V. United States about? |
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Definition
| Supreme Court ruled random background checks by local law enforcement regarding handgun owners as unconstitutional |
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Term
| What was Barron V. Baltimore about? |
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Definition
| The Supreme Court held that the Bill of Rights did not apply to the states. But, with the 14th amendment the Bill of Rights has been increasingly applied to the states through the doctrine of incorporation. |
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Term
| What was Gitlow V. New York about? |
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Definition
| Gitlow published socialist papers urging workers to over throw the Government. New York put him in jail for sedition. Gitlow had the case appealed and cited the 5th and 14th amendment for due process which also implied his 1st amendment rights to be upheld which made New York's sedition law unconstitutional. This gave birth to the Doctrine of Incorporation. |
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Term
| What was District of Columbi V. heller and McDonald V. City of Chicago about? |
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Definition
| Both places had anti-gun laws which was said to be unconstitutional and thus, gave states the rights to the 2nd amendment. |
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Term
| What was Stromberg V. California about? |
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Definition
| Stromberg displayed a red flag as opposition to the US government. |
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Term
| What was Morse V. Frederick about? |
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Definition
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Term
| What was Virginia V. Black about? |
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Definition
| cross burning by the Klu Klux Klan, ruled hate crime and it was upheld. |
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Term
| What was Chaplinsky V. New Hampshire about? |
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Definition
| Fighting words not being a part of free speech. |
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Term
| What is the Solomon Amendment? |
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Definition
| Public institutions will lose federal funding if they don't allow military recruiters in for recruiting. |
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Term
| Garcetti et al. V. Ceballos |
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Definition
| Supreme court ruled that employees don't have first amendment protection when talking about their job, but otherwise, they do. |
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Term
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Definition
| Purley Commercial speech is not protected by the 1st amendment. |
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Term
| Virginia State Board of Pharmacy V. Virginia Consumer Council |
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Definition
| Supreme Court overturned Chrestensen and allowed pharmacist to advertise prices of prescription drugs. |
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Term
| Central Hudson Gas and Electric Corp. V. Public Service Commission of New York |
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Definition
This case illustrates a four part test to see if there is a undue burden on commercial speech.
1. Is the speech legal
2. is the governmental interest substantial
3.does the regulation of speech directly advance that governmental interest.
4. Does the regulation of speech go too far than is necessary to advance that governmental interest. |
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Term
| Rubin V. Coors Brewing Co |
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Definition
| Supreme court overturned decision that now allowed beer companies to place alcohol content on cans. |
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Term
| First National Back of Boston V. Bellotti |
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Definition
| Supreme Court struck down a Massachusetts's statute prohibiting corporate political speech. |
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Term
| Board of Regents of the University of Wisconsin V. Southworth |
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Definition
| Gay and lesbian student club |
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Term
| Bipartisan Campaign Reform Act of 2002 |
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Definition
| Restricted corporations and labor unions from donating money towards "electioneering communication" |
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Term
| Citizens United V. Federal Election Commission |
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Definition
| over turned Bipartisan Campaign Reform Act of 2002 |
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Term
| McConnell V. Federal Election Commission |
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Definition
| "I am Obama and I approve this message." |
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Term
| What is the Establishment Clause? |
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Definition
| The US can't establish a national religion. |
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Term
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Definition
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Term
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Definition
| You can believe whatever you want, but doesn't mean you can always practice it. |
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Term
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Definition
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Term
| County of Allegheny V. American Civil Liberties Union, Greater Pittsburgh |
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Definition
| Manger with "Glory to God in the Highest" |
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Term
| Van Orden V. Perry and McCreary County , Kentucky V. American Civil Liberties Union of Kentucky |
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Definition
| Religious pictures displayed |
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Term
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Definition
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Term
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Definition
| police don't need warrant if they believe someone is seriously injured or threatened. |
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Term
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Definition
| Threw out the "knock and announce" rule. |
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Term
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Definition
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Term
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Definition
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Term
| Kelo V. City of New London |
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Definition
| decision on what "public use" really was regarding Eminent Doman. |
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Term
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Definition
| Equal protection of the laws |
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Term
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Definition
| Compulsory sterilization of habitual criminals. |
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Term
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Definition
| Supreme Court struck down law that prohibited contraceptives. |
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Term
| What is "Preponderance of the evidence"? |
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Definition
| "Beyond a reasonable doubt" |
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Term
| How many court of appeals does Texas have? |
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Definition
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Term
| What does "en banc" mean? |
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Definition
| Which means all judges will hear the case. |
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Term
| Texas Court of Criminal appeals characteristics. |
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Definition
-Nine members
-Justice is elected
-Six year terms |
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Term
| Texas Supreme Court characteristics. |
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Definition
-Nine members
-Six year terms
-Determins civil rules of procedure for attorneys in trial practice, licensing of the State Bar |
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Term
| Federal Courts of Appeals Characteristics. |
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Definition
-13 Circuits
-Not uncommon for each circuit to rule differently on the same issue. |
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Term
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Definition
| White kid not getting into UT law school because of racial acceptance policy. |
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Term
| Grutter V. Bollinger, Gratz V. Bollinger, Regents of University of California V. Bakke |
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Definition
| Racial admittance issue for law schools |
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Term
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Definition
| A Writ that is issued whenever four Supreme Court justices vote in secret proceedings to review a case. |
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Term
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Definition
| In the United States, certiorari is most often seen as the writ that the Supreme Court of the United States issues to a lower court to review the lower court's judgment for legal error (reversible error) and review where no appeal is available as a matter of right. |
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Term
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Definition
| "Sue someone in your own state." |
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Term
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Definition
| If sued by another person in their home state then you have the right to have the case removed and placed into a federal district court. |
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Term
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Definition
| A way to obtain territorial jurisdiction over a non resident defendant by the fact that the state is given territorial jurisdiction over property located within that state and that property must also be the subject matter of the case. |
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Term
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Definition
| rules that make it to where a case must be heard in a court that is convenient for all parties. |
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Term
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Definition
| a court system that will not decide lawsuits unless there is a true case or controversy between the parties to the action. |
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Term
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Definition
| a written set of facts that one party request the other to admit as being true. |
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Term
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Definition
| used when the attorney feels that the prospective juror cannot be fair and impartial in this type of case due to some bias that the juror has. |
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Term
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Definition
| it can be used without the judges permission, but are limited to the type of case. |
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Term
| What is the Exclusionary Rule referred to as? |
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Definition
| "Fruit of the Poison Tree" |
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Term
| What is the good faith rule? |
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Definition
| Officers are allowed to play dumb in order to illegally enter evidence for a trial. |
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Term
| Miranda Warnings only apply when... |
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Definition
| You are in a custodial investigation. |
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