Study Guide Exam 1.pdf

Terms to know https://quizlet.com/949763829/key-legal-concepts-and-landmark-supreme-court-cases-flash-car ds/?exitTest=1 1. Constitutional law - The law that involves the interpretation and application of the US COnstitution and state constitutions 2. Statutory law - The type of law...

Terms to know https://quizlet.com/949763829/key-legal-concepts-and-landmark-supreme-court-cases-flash-car ds/?exitTest=1 1. Constitutional law - The law that involves the interpretation and application of the US COnstitution and state constitutions 2. Statutory law - The type of laws created by legislation, law passed by US congress or state legislatures 3. Trial courts - Courts that listen to testimony, consider evidence, and decide the facts in a disputed situation 4. Appellate courts - These courts decide question of law - Panel of judges no jury - Courts do not try criminal cases but hear appeals of decisions of the lower courts 5. United States Supreme Court - The highest court in the federal judiciary of the united states 6. Criminal cases - Court cases involving a crime or violation of public order 7. Civil cases - These cases are brought on by a citizen - The court will not appoint an attorney - Cases include torts, breach of contract, etc involving a private dispute arising from matters 8. Precedent - An example that may serve as a basis for imitation or later action 9. The Power to Tax - Congress may tax and spend general welfare - Congress may use the taxing power to regulate and prohibit behaviors as long as the statute is capable of raising revenue (power gives congress the right to tax cigarettes for the purpose of reducing smoking) 10. Spending power - Ability of a government to tax and spend - Spend general welfare and public revenue to meet public objectives 11. Commerce Clause - Most potent regulatory authority given to congress by the US Constitution - Regulates interstate commerce  - Gives congress the power to regulate all business activities that cross state lines or affect more than one state 12. Police Power - Gives the state authority to enact laws to protect preserve and promote health safety morals and general due process of the people - The source of police power is inferred from the traditional powers of government 13. Supremacy and Preemption - Federal law preempts any state law when the laws conflict - Ex: localities cannot set their own minimum wage, has to adhere to states minimum wage 14. Civil Liberties - Constitutional freedoms guaranteed to all citizens 15. State Action - Refers to actions taken by the government or connected to government - Cannot bring a lawsuit against a doctor in a private practice for violating your constitutional rights 16. The Bill of Rights - First ten amendments to the constitution 17. Incorporation - A process that extended the protections of the Bill of Rights against the actions of state and local gov 18. Establishment Clause - Clause in the first amendment that says the government may not establish an official religion 19. Free Exercise Clause - A first amendment provision that prohibits government from interfering with the practice of religion 20. Substantive Due Process/Fundamental Rights/the Right to Privacy 21. Equal Protection - Equal application of the law regardless of a person's race, religion, political beliefs, etc 22. Strict Scrutiny - A legal standard that courts use to determine if a law is constitutional - The test the court will use to examine a state action which impairs fundamental rights - The government must prove that the law is necessary to achieve a compelling interest (compelling interest is first factor of strict scrutiny test)  - Government must prove that their action is necessary to achieve a compelling interest, used when the state discriminates on the basis of race, ethnicity, national origin, or religion 23. Intermediate Scrutiny - Court will apply this standard of review when the government discriminates on the basis of gender - A test used by the supreme court in gender discrimination cases that places the burden of proof partially on the gov and partially on the challengers to show that the law in question is unconstitutional 24. Rational Basis - The court applies this standard for “garden variety classifications” - Very difficult to overturn a state action using this standard - A standard developed by the courts to test the constitutionality of a law, when applied, a law is constitutional as long as it meets reasonable gov interest 25. Statutory Rights - Rights based on laws or statutes passed by federal, state, or local governments 26. Constitutional Rights - The rights afforded to all citizens through the US constitution 27. What is the first amendment - The parts of the constitution that includes freedom and religion, freedom of speech, and the right to assemble 28. Delegation - The process by which the state authorizes the local government to regulate using the police powers 29. Due Process - The cause of action when an important right is denied to everyone 30. Right to Privacy - The supreme court says this right applies in situations involving the personal intimacies of the home, the family, marriage, motherhood, procreation and child rearing 31) 14th amendment - Part of the constitution which states nor shall any state deprive any person of life, liberty, or property, without due process of law: nor to deny to any person within its jurisdiction the equal protection of the laws Outcomes to know 1. Lawrence v. Texas - 2003 - The supreme court said the right to privacy includes the right to engage in homosexual conduct without the intervention of government - 2 men were arrested and convicted for engaging in sexual acts together although their conduct was private and consensual - Person commits offense if they engaged in deviate sexual acts with individual of same sex 2. Griswold v. Connecticut - First case in which the supreme court said the 14th amendment (equal protection) due process clause includes the right to privacy 3. Dobbs v. Jackson Women’s Health 4. Moore v. City of East Cleveland - Woman lived in the house with her son and two grandsons, she then receives a notice that she had an illegal immigrant (her grandson who didnt have a parent present). WHen she refused to remove him from her home, criminal charges were filed and she was sentences to 5 days in jail and a fine - Failed strict scrutiny 5. Loving v. Virginia - Interracial marriage ban 1958 (in Virginia) - White man and black women - Pleaded guilty to interracial marriage when arrested - In this case, the supreme court said that racial classifications are subject to strict scrutiny 6. Windsor v. United States - June 2013 - Us supreme court ruled that section 3 of the defense of marriage act (DOMA) is unconstitutional and that the federal government cannot discriminate against married lesbian and gay couples for the purpose of determining federal benefits and protections  - DOMA was a law (voted unconstitutional in 2013) that defined marriage as a union between a man and a woman and denied recognition to same sex couples 7. Obergefell v. Hodges - April 2015 - Decided on the rights to same sex marriage, requires states to license and recognize same sex marriage - Group of same sex souples sued their state to challenge bans on same sex marriage or refusal to recognize legal same sex marriage (ohio, michigan, kentucky) 8. Burwell v. Hobby Lobby - Family who owned hobby lobby organized the business around principles of christian and biblical faith including that contraception is immoral - Under ACA (affordable care act), employment health care plans must provide preventative care including contraception - Hobby lobby won, and was not required to provide contraception to employees - The religious freedom restoration act allows for profit companies to deny contraception coverage to employees based on religious objection, the man date to cover contraception is not the least restrictive method of satisfying gov interest Practice Questions 1. What is the primary purpose of the US Constitution? a. To give federal gov power b. To restraint the federal government c. To make laws for the states d. To ensure general welfare of the people 2. There is a federal law prohibiting the sale of prescription drugs to minors. The state of indiana passed a law that allow children to purchase prescription drugs with a signed note from a parent. According to supremacy and preemption, which of the following is true? a. The indiana law is invalid b. The indiana law is valid c. The federal law is invalid d. Neither law is valid 3. Which of the following was an outcome of the Supreme Case Court Loving vs Virginia a. Married couple have the right to buy contraception b. Marriage is a fundamental right c. The supreme court will use rational basis to decide marriage cases d. The racial classifications are subject to immediate scrutiny 4. Massahampshire passes a law banning the use of certain forms of birth control. These forms of birth control, the state believes, have contributed to an increase in sexually transmitted diseases because they protect against pregnancy but not STDs. Since STDs have a high social cost, this is a compelling State interest, says the Massahampshire legislature. If a citizen brings a substantive due process challenge to the law, the state must show which of the following? a. Slowing the spread of disease is a rational basis for an outright ban on these forms of contraception b. An outright ban on the specified forms on contraception is necessary to achieve the states goal c. A ban on the specified forms of contraception is substantially related to preventing STDs  d. People afflicted with STDs are a protected class of citizens 5. A government program provides free breast pumps to all nursing mothers, but the mother must appear personally at the government office to obtain one. Which is the following is true a. The program violates due process because women have fundamental right to breastfeed b. The program violates due process because it is not necessary to male the women appear in person c. The program violates equal protection because it discriminates between similar persons d. The program violates equal protection because it does not distinguish for legitimate differences Classes to Review: 1-9 Text Chapters: 5, 6, & 13