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A company’s failure to deliver goods as stipulated in a supply contract leads to a legal conflict. Which type of law is most directly involved in resolving this dispute?
A company’s failure to deliver goods as stipulated in a supply contract leads to a legal conflict. Which type of law is most directly involved in resolving this dispute?
- Tort Law
- Contract Law (correct)
- Constitutional Law
- Criminal Law
An environmental regulation is enacted to limit emissions from factories. This regulation is designed to protect public health and the environment, but it also imposes costs on businesses. Which function of law does this best exemplify?
An environmental regulation is enacted to limit emissions from factories. This regulation is designed to protect public health and the environment, but it also imposes costs on businesses. Which function of law does this best exemplify?
- Protecting Rights and Liberties
- Maintaining Order
- Facilitating Social Change (correct)
- Resolving Disputes
A state law mandates that all motorcyclists must wear helmets. While some argue this infringes on personal freedom, the law aims to reduce head injuries and fatalities. This law is an example of:
A state law mandates that all motorcyclists must wear helmets. While some argue this infringes on personal freedom, the law aims to reduce head injuries and fatalities. This law is an example of:
- Natural Law
- Ius Civile
- Malum prohibitum (correct)
- Malum in se
An individual is prosecuted for assault, resulting in both criminal charges filed by the state and a civil lawsuit brought by the victim for damages. This scenario demonstrates:
An individual is prosecuted for assault, resulting in both criminal charges filed by the state and a civil lawsuit brought by the victim for damages. This scenario demonstrates:
In a hypothetical legal system, a judge rules that all contracts must be interpreted in a way that promotes fairness and good faith, even if the literal terms of the contract suggest otherwise. This approach is most aligned with:
In a hypothetical legal system, a judge rules that all contracts must be interpreted in a way that promotes fairness and good faith, even if the literal terms of the contract suggest otherwise. This approach is most aligned with:
A country enacts a law that mirrors an existing international treaty on human rights, even though some domestic groups oppose it. This action is an example of:
A country enacts a law that mirrors an existing international treaty on human rights, even though some domestic groups oppose it. This action is an example of:
A court is deciding a case involving a novel situation not previously addressed by statutes. The judge examines rulings in similar cases from the past to guide their decision. This approach demonstrates:
A court is deciding a case involving a novel situation not previously addressed by statutes. The judge examines rulings in similar cases from the past to guide their decision. This approach demonstrates:
In the landmark case Brown v. Board of Education, the Supreme Court overturned the 'separate but equal' doctrine established in Plessy v. Ferguson. This decision illustrates:
In the landmark case Brown v. Board of Education, the Supreme Court overturned the 'separate but equal' doctrine established in Plessy v. Ferguson. This decision illustrates:
Which of the following scenarios most directly reflects the legal precedent set by Plessy v. Ferguson?
Which of the following scenarios most directly reflects the legal precedent set by Plessy v. Ferguson?
How did Brown v. Board of Education directly challenge the established legal framework of Plessy v. Ferguson?
How did Brown v. Board of Education directly challenge the established legal framework of Plessy v. Ferguson?
In United States v. Morrison, what constitutional principle did the Supreme Court emphasize when limiting the application of the Violence Against Women Act?
In United States v. Morrison, what constitutional principle did the Supreme Court emphasize when limiting the application of the Violence Against Women Act?
How does the ruling in United States v. Ross affect the application of the Fourth Amendment?
How does the ruling in United States v. Ross affect the application of the Fourth Amendment?
What was the central legal question in Bob Jones University v. United States regarding tax-exempt status?
What was the central legal question in Bob Jones University v. United States regarding tax-exempt status?
How did the Supreme Court's decision in Wyoming v. Houghton broaden the permissible scope of vehicle searches?
How did the Supreme Court's decision in Wyoming v. Houghton broaden the permissible scope of vehicle searches?
What is the most accurate way to describe the legal issue presented in District of Columbia v. Colts?
What is the most accurate way to describe the legal issue presented in District of Columbia v. Colts?
Following the Bob Jones University v. United States ruling, what compelling interest did the government assert to justify denying tax-exempt status?
Following the Bob Jones University v. United States ruling, what compelling interest did the government assert to justify denying tax-exempt status?
Flashcards
Plessy v. Ferguson (1896)
Plessy v. Ferguson (1896)
Upheld racial segregation under 'separate but equal,' allowing segregated facilities if equal.
District of Columbia v. Colts (1930)
District of Columbia v. Colts (1930)
Dealt with the Insanity Defense in criminal law.
Brown v. Board of Education (1954)
Brown v. Board of Education (1954)
Ruled segregation in public schools unconstitutional, overturning Plessy v. Ferguson.
United States v. Morrison (1977)
United States v. Morrison (1977)
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United States v. Ross (1982)
United States v. Ross (1982)
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Bob Jones University v. United States (1983)
Bob Jones University v. United States (1983)
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Wyoming v. Houghton (1999)
Wyoming v. Houghton (1999)
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Malum in Se
Malum in Se
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Malum Prohibitum
Malum Prohibitum
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Private Law
Private Law
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Public Law
Public Law
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Natural Law
Natural Law
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Positive Law
Positive Law
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Common Law
Common Law
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Stare Decisis
Stare Decisis
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Study Notes
- These notes cover significant Supreme Court cases, functions and types of law, and the evolution of legal concepts.
Supreme Court Cases
- Plessy v. Ferguson (1896): Upheld racial segregation under the "separate but equal" doctrine.
- Separate facilities for races were deemed constitutional if equal.
- The decision established the legal basis for racial segregation.
- It was later overturned by Brown v. Board of Education (1954).
- District of Columbia v. Colts (1930): Involved the application of the Insanity Defense in criminal law.
- Principles surrounding criminal responsibility and mental competency were reinforced.
- This helped refine legal standards for determining criminal insanity.
- Brown v. Board of Education of Topeka (1954): Racial segregation in public schools was a violation of the Fourteenth Amendment's Equal Protection Clause.
- Overturned Plessy v. Ferguson.
- Segregation in public schools was ruled unconstitutional.
- It was a landmark civil rights decision.
- The "separate but equal" doctrine was ended, paving the way for desegregation.
- United States v. Morrison (1977): Examined the Violence Against Women Act's constitutionality under the Commerce Clause and Fourteenth Amendment.
- Congress lacked the authority to enact parts of the law under the Commerce Clause
- The decision limited federal power.
- It emphasized state jurisdiction in handling gender-motivated crimes.
- United States v. Ross (1982): Focused on warrantless searches of vehicles under the Fourth Amendment.
- Police could search a vehicle without a warrant if they had probable cause.
- Law enforcement powers were strengthened regarding vehicle searches.
- Bob Jones University v. United States (1983): Addressed denying tax-exempt status to institutions practicing racial discrimination based on religious beliefs.
- The IRS's decision to revoke Bob Jones University's tax-exempt status was upheld.
- It established government's compelling interest eliminating racial discrimination
- This is the case even religious beliefs are cited as justification.
- Wyoming v. Houghton (1999): Considered searching a passenger's belongings in a vehicle without a warrant when suspecting contraband.
- Police could search a passenger's belongings if there was probable cause to suspect contraband.
- Police search powers were expanded regarding vehicles and contents.
Functions of Law
- Maintaining Order: Establishes rules and penalties to ensure societal stability.
- Resolving Disputes: Provides a legal framework for settling conflicts.
- Protecting Rights and Liberties: Safeguards individual freedoms and human rights.
- Facilitating Social Change: Encourages societal progress by adapting laws to evolving values.
- Key Theme – Social Cohesion: Law serves as a unifying force by creating predictable and fair rules that allow people to coexist peacefully.
- Malum in Se: Acts that are inherently wrong (e.g., murder, theft, assault).
- Malum Prohibitum: Acts that are illegal for violating laws, not inherently wrong (e.g., traffic violations, tax evasion).
Types of Law
- Private Law: Governs relationships between individuals or entities.
- Subsets:
- Contract Law
- Tort Law
- Property Law
- Example: A dispute between two businesses over a contract breach.
- Public Law: Governs relationships between individuals and the government.
- Subsets:
- Constitutional Law
- Criminal Law
- Administrative Law
- Example: A person charged with a federal crime under criminal law.
- Overlap Between Private and Public Law: Some cases involve both.
- Example: An assault case involving criminal charges (public law) and a civil lawsuit for damages (private law).
Natural Law vs. Positive Law
- Natural Law: Based on universal moral principles; laws derive from morality.
- Positive Law: Man-made laws enforced by governments, independent of morality.
Historical Development of Dualism in Greece
- Plato’s Laws: Advocated for a legal system based on rational principles and justice.
- Sophocles’ Antigone: Highlights conflict between moral (natural law) and state (positive law) obligations.
Roman Law
- Cicero’s Definition of Law: "Right reason in agreement with nature."
- Law should reflect moral order.
- Natural and Positive Law Coexistence: Roman law blended moral principles with state-enforced laws.
- Equality Through Law: Roman legal philosophy promoted universal rights through law.
- Types of Roman Law:
- Ius Civile: Law governing Roman citizens.
- Ius Gentium: Law governing foreigners and interactions between different peoples.
- Ius Naturale: Universal natural law applied to all humans.
Common Law and Judicial Precedent
- Common Law Development: Developed through judicial decisions rather than statutes.
- Based on past rulings, ensuring consistency in law application.
- Stare Decisis: Courts follow precedent to maintain legal stability.
- Upholding Precedent: Strengthens continuity in law
- An example is applying Miranda v. Arizona rules to new cases.
- Overturning Precedent: Happens when laws evolve
- An example is Brown v. Board of Education overturning Plessy v. Ferguson.
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