Podcast
Questions and Answers
What does the principle of the Rule of Law entail?
What does the principle of the Rule of Law entail?
Criminal law and civil law are identical in terms of sanctions imposed.
Criminal law and civil law are identical in terms of sanctions imposed.
False (B)
What is the difference between resources and property?
What is the difference between resources and property?
Resources are physical things, while property refers to the right to possess those resources.
According to the Supremacy Clause, ______ law overrides state or local laws in case of a conflict.
According to the Supremacy Clause, ______ law overrides state or local laws in case of a conflict.
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Match the following types of law with their key characteristics:
Match the following types of law with their key characteristics:
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What is the significance of the U.S. Constitution in resolving conflicts between laws?
What is the significance of the U.S. Constitution in resolving conflicts between laws?
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In civil law, judges primarily interpret past cases to make decisions.
In civil law, judges primarily interpret past cases to make decisions.
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Explain what is meant by property being like a fence.
Explain what is meant by property being like a fence.
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Which type of corporate governance focuses primarily on shareholder interests?
Which type of corporate governance focuses primarily on shareholder interests?
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A state can enact laws that impair existing contracts without any restrictions.
A state can enact laws that impair existing contracts without any restrictions.
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What does the Supremacy Clause establish?
What does the Supremacy Clause establish?
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The _____ theory considers the interests of various stakeholders beyond just shareholders.
The _____ theory considers the interests of various stakeholders beyond just shareholders.
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Match the following clauses with their definitions:
Match the following clauses with their definitions:
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What is the primary focus of narrow corporate governance?
What is the primary focus of narrow corporate governance?
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Judicial review allows courts to invalidate laws they deem unconstitutional.
Judicial review allows courts to invalidate laws they deem unconstitutional.
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Which amendment includes the Takings Clause?
Which amendment includes the Takings Clause?
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The _____ amendment ensures the right to free speech.
The _____ amendment ensures the right to free speech.
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Match the following types of scrutiny to their definitions:
Match the following types of scrutiny to their definitions:
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Which of the following is an acceptable reason for the government to exercise eminent domain?
Which of the following is an acceptable reason for the government to exercise eminent domain?
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The Judicial Review is explicitly stated in the Constitution.
The Judicial Review is explicitly stated in the Constitution.
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What two forms of separation of powers are identified?
What two forms of separation of powers are identified?
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The 10th amendment reserves powers not granted to the federal government to the _____ .
The 10th amendment reserves powers not granted to the federal government to the _____ .
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What is an example of a law the Commerce Clause might justify?
What is an example of a law the Commerce Clause might justify?
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The power of eminent domain requires the government to provide just compensation to property owners.
The power of eminent domain requires the government to provide just compensation to property owners.
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The 14th Amendment's Due Process Clause is a cornerstone of the Incorporation Doctrine, ensuring the application of most Bill of Rights protections to the states.
The 14th Amendment's Due Process Clause is a cornerstone of the Incorporation Doctrine, ensuring the application of most Bill of Rights protections to the states.
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Which of the following is NOT a requirement of Procedural Due Process?
Which of the following is NOT a requirement of Procedural Due Process?
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What are the three levels of scrutiny used by courts to determine if a law violates the Equal Protection Clause?
What are the three levels of scrutiny used by courts to determine if a law violates the Equal Protection Clause?
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A state law requiring mandatory drug testing for all public school teachers might be struck down as violating ______ due process if it fails to demonstrate a legitimate government interest and a reasonable relationship between the law and that interest.
A state law requiring mandatory drug testing for all public school teachers might be struck down as violating ______ due process if it fails to demonstrate a legitimate government interest and a reasonable relationship between the law and that interest.
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Which level of scrutiny is applied to laws based on race, national origin, or fundamental rights?
Which level of scrutiny is applied to laws based on race, national origin, or fundamental rights?
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Match the following court roles with their primary responsibilities:
Match the following court roles with their primary responsibilities:
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A state law requiring all citizens to wear a certain type of clothing might be struck down as violating the Equal Protection Clause because it is based on a suspect classification.
A state law requiring all citizens to wear a certain type of clothing might be struck down as violating the Equal Protection Clause because it is based on a suspect classification.
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What is the difference between Procedural Due Process and Substantive Due Process?
What is the difference between Procedural Due Process and Substantive Due Process?
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A law requiring all drivers to pass a rigorous driving test before being issued a license would likely be upheld under ______ scrutiny because it promotes the legitimate government interest of public safety.
A law requiring all drivers to pass a rigorous driving test before being issued a license would likely be upheld under ______ scrutiny because it promotes the legitimate government interest of public safety.
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Which of the following statements about the Incorporation Doctrine is FALSE?
Which of the following statements about the Incorporation Doctrine is FALSE?
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The Minimum Rationality test for equal protection is the most difficult for the government to pass.
The Minimum Rationality test for equal protection is the most difficult for the government to pass.
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What is meant by the term "subject matter jurisdiction" in relation to courts?
What is meant by the term "subject matter jurisdiction" in relation to courts?
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A court that can hear a wide range of cases, from criminal to civil, is known as a ______ court.
A court that can hear a wide range of cases, from criminal to civil, is known as a ______ court.
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Which of the following is NOT a way a court can obtain personal jurisdiction over a defendant?
Which of the following is NOT a way a court can obtain personal jurisdiction over a defendant?
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What is the difference between a trial court and an appellate court?
What is the difference between a trial court and an appellate court?
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A case involving a violation of federal law would typically be heard in ______ court, while a case involving a dispute between residents of the same state over a contract would likely be heard in ______ court.
A case involving a violation of federal law would typically be heard in ______ court, while a case involving a dispute between residents of the same state over a contract would likely be heard in ______ court.
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The _____ Amendment's Due Process Clause serves as a cornerstone of the Incorporation Doctrine, applying most Bill of Rights protections to the states.
The _____ Amendment's Due Process Clause serves as a cornerstone of the Incorporation Doctrine, applying most Bill of Rights protections to the states.
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A state law banning all abortions would likely be struck down as violating substantive due process.
A state law banning all abortions would likely be struck down as violating substantive due process.
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If a student is expelled from a public school, they must be given a _____ before that decision is final.
If a student is expelled from a public school, they must be given a _____ before that decision is final.
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A state law requiring only men to register for the military draft has been upheld under intermediate scrutiny.
A state law requiring only men to register for the military draft has been upheld under intermediate scrutiny.
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What is the main goal of a lawyer in a legal case?
What is the main goal of a lawyer in a legal case?
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A state law requiring mandatory drug testing for all public school teachers might be struck down as violating substantive due process if it fails to demonstrate a legitimate government interest and a reasonable relationship between the law and that interest.
A state law requiring mandatory drug testing for all public school teachers might be struck down as violating substantive due process if it fails to demonstrate a legitimate government interest and a reasonable relationship between the law and that interest.
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Flashcards
Rule of Law
Rule of Law
The principle that all laws are equally applied and enforced.
Common Law
Common Law
Legal system relying on judicial decisions and precedents (stare decisis).
Civil Law
Civil Law
Legal system based on written codes and statutes, less on past cases.
Property Rights
Property Rights
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Resources vs. Property
Resources vs. Property
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Criminal Law
Criminal Law
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Civil Law (context)
Civil Law (context)
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Hierarchy of Laws
Hierarchy of Laws
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General vs. Specific Laws
General vs. Specific Laws
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Newer vs. Older Laws
Newer vs. Older Laws
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Judicial Review
Judicial Review
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Narrow Corporate Governance
Narrow Corporate Governance
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Broad Corporate Governance
Broad Corporate Governance
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Shareholder Primacy
Shareholder Primacy
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Stakeholder Theory
Stakeholder Theory
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Horizontal Separation of Powers
Horizontal Separation of Powers
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Vertical Separation of Powers
Vertical Separation of Powers
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Supremacy Clause
Supremacy Clause
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Commerce Clause
Commerce Clause
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Contract Clause
Contract Clause
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Eminent Domain
Eminent Domain
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Due Process
Due Process
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Equal Protection
Equal Protection
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Procedural Due Process
Procedural Due Process
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Substantive Due Process
Substantive Due Process
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Incorporation Doctrine
Incorporation Doctrine
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Equal Protection Clause
Equal Protection Clause
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Levels of Scrutiny
Levels of Scrutiny
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Minimum Rationality
Minimum Rationality
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Intermediate Scrutiny
Intermediate Scrutiny
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Strict Scrutiny
Strict Scrutiny
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Lawyers' Role
Lawyers' Role
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Judges' Role
Judges' Role
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Juries' Role
Juries' Role
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Subject Matter Jurisdiction
Subject Matter Jurisdiction
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Personal Jurisdiction
Personal Jurisdiction
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General vs. Limited Courts
General vs. Limited Courts
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Study Notes
Laws vs. Rule of Law
- Laws are individual rules.
- The Rule of Law ensures all laws are applied equally and enforced consistently. It requires stable institutions and implies no one is above the law.
Uses of Legal Knowledge Beyond Avoidance
- Studying law helps understand issues beyond just legal trouble. This was briefly discussed in class.
Property vs. Resources
- Property is the right to possess something, not the thing itself.
- Resources are the things themselves, while property is the right to possess those resources.
Common Law vs. Civil Law
- Common Law relies on judicial decisions and precedent (stare decisis).
- Civil Law relies on codes and judges interpreting statutes, not past cases.
Criminal Law vs. Civil Law
- Criminal Law penalties include death, imprisonment, fines, removal/disqualification from office.
- Civil Law penalties include compensatory, consequential, and punitive damages.
Hierarchy of Laws
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The US Constitution is the supreme legal authority.
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All other laws must align with it.
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Conflicts are resolved by considering which law takes precedence.
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Supremacy Clause: Federal law overrides state or local law if there's conflict.
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Preemption Doctrine: If a topic is fully covered by federal law, state laws are invalid.
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Specific vs. General Rules: More specific laws prevail over general ones.
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Newer vs. Older Laws: Recent laws usually take priority.
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Judicial Review: Courts interpret laws and settle conflicts.
Corporate Governance
- Corporate governance can be narrow (focus on shareholders) or broad (consider stakeholders).
- Shareholder Primacy: Prioritizes profit and shareholder wealth. Examples include cutting costs or increasing dividends.
- Stakeholder Theory: Balances profit with social responsibility and considers multiple stakeholders like employees and communities. Examples consist of implementing eco-friendly practices or raising wages.
Separation of Powers
- Horizontal: Legislative, executive, and judicial branches (checks and balances). Judicial review (power to invalidate laws) is established through Marbury v. Madison.
- Vertical: Federal and state/local governments. Federalism is the division of powers where no state has more power over another.
- 10th Amendment: Powers not specifically given to the federal government belong to the states.
Key Clauses
- Supremacy Clause: Federal law is supreme over state law.
- Commerce Clause: Congress can regulate commerce between states, foreign nations, and with Native American tribes.
- Contract Clause: States cannot enact laws changing existing contracts (doesn't apply to federal government).
Government vs. Freedoms
- The government's power is limited by fundamental rights. The Bill of Rights exemplifies these limits.
Key Amendments (Partial List)
- 5th Amendment (Eminent Domain): Government can take private property for public use, but must provide just compensation. The court uses a three part test to determine if its lawful. These include if the taking is necessary; if the use is for public use; and if fair market value is paid.
- 1st Amendment: Freedom of speech, religion, and press. Includes important concepts like establishment and free exercise clauses.
- Due Process: (5th and 14th Amendments) The government cannot deprive people of life, liberty, or property without fair procedures. This includes procedural and substantive due process.
- Incorporation Doctrine: Bill of Rights applies to states.
- Equal Protection Clause: 14th Amendment requires equal treatment under the law, with three levels of scrutiny: minimum rationality, quasi-strict, and strict. Court uses a different level based on the law in question.
Roles of Lawyers, Judges, and Juries
- Lawyers: Public servants, advocates, and counselors. Attorneys-client privilege protects confidentiality.
- Judges: Control courtroom procedures, triers of law (always), sometimes triers of fact.
- Juries: Triers of fact in nearly all jury trials, often 12 in number and with some states requiring unanimous decisions.
Courts and Jurisdiction
- Subject Matter Jurisdiction: Court's authority over the type of case.
- Personal Jurisdiction: Court's authority over the people involved.
- Trial Courts: Where cases begin.
- Appellate Courts: Review lower court decisions for errors.
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Description
This quiz explores fundamental legal concepts including the distinction between laws and the rule of law, the uses of legal knowledge, and comparisons between common law and civil law systems. Additionally, it examines property versus resources and the differences between criminal and civil law. Test your understanding of these essential legal principles!