intro 2
Terms
undefined, object
copy deck
- What happens in case?
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-they will give facts
-they make statement of the laws
-then aplly the facts to the law - 3 levels of the courts
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TRIAL - state and federal
-introduces evidence: each side has right to appeal to intermediate then to the supreme court.
INTERMEDIATE
SUPREME - In order to appeal...
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write a brief to the appelate court to discuss the errors you believe happened in the trial.
then you have right to argue orally. - Apellate court...
- to see if there are errors in the lower court trial; interpretation of the law; legal precedent- look at prior decisions of the courts
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OIL POLLUTION ACT OF 1990 &
FLOTILLA THEORY -
owner of vessel in which the oil leak occures is liable --> strict liability.
-in these cases, the barge and tug boat are considered one unit. - COOK V. R.I.
- Cook said that she was discriminated against because she was fat. court argued that it was a mutable problem. She won because they focused on her disablility. company should have given a specific test to see if she could do the job
- Federalism
- If not given to federal (certain number)(enumerated), then reserved for the states (left over)(residual)US congress only has the power of what is written in the constitution.
- Supremacy Clause
- Federal law prevails if the federal law and state law are in conflict. provides that the US constitution and all laws and treaties or US constitute the supreme law of the land.
- Concurrent Jurisdiction
- applies to all cases that may be heardn either the fed. or state court system.
- preemption
- in an area in which Fed. Regulation is persuasive, state regulation cannot change it.
- AIR TRAFFIC CONTROL
- one state cant say a plane must fly higher over their state, it has been preemted by the fed govt that the planes must fly over all states at the same level
- NUCLEAR WASTE
- States cant makes a law to not allow nuclear waste because the fed govt would have no where to dump it.
- separation of powers
- checks and balances - independent but work together
- CLINTON V. JONES
- jones sued clinton for sexual harrassment. pres is immune from lwsuits and cannot be prosecuted, only removed from office. went all the way to supreme court and clinton said he couldnt go through litigation because he didnt have time and wouold affect his ability to govern. Supreme court decided it wouold not affect abilities but it did
- Executive branch
- puts laws into use in reality, veto legislative laws, pass laws, appoint fed judiciary
- Legislative Branch
- Ability to: impeach, make law, override with 2/3 vote. advises and consents to the appointment of fed judiciary.
- Judicial Branch
- declare something unconstitutional. makes sure laws are folled as they are supposed to.
- Filibuster
- prevents laws from being passed by tying up senate (a senate rule) can be senate minority
- Commerce clause
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Fed commerce has the ability to pass laws regarding to interstate commerce. empowers congress to regulate commerce with forgein nations, indian tribes and amoun states.
-where most of congress' power comes from
-empowers congress to regulate commerce with forgein nations (tariffs and treaties) amoung states
-congress can take action of these is an "effect" that will have influence - WICKARD V. FILLBURN
- wheat in Iowa, small farmers keeping wheat for themselves will affect nation as whole - interstate commerce
- US V. LOPEZ
- gun free zone winthin 1000 ft of school; costs of crime, insurance, safety, and moving around country are all the effects of it to congress determined you could not pass law. passed by congress - unconstitutional bu supreme court
- MORRISON V. BRZONKALA
- violence against women. passed by congress - unconstitutional bu supreme court.
- BLACKBERRY
- got sued from copying patent and supreme court refused to take case
- minority opinion
- Congress can determine the effects and not have to go to supreme court
- majority opinion
- courts need to be able to determine whether or not somthing is constitutional
- State police power
- states have right to pass state legislature to protect the rights of the citizens (health, safety, welfare)whether it creates an undue burden of the interstate commerce
- OREGON WASTE V. POLICE POWER
- to dum oregon, citizens pay .85 and non citizens pay 2.25. they tried to justify it by saying that the out of staters didnt have to pay taxes. declared as undue burden of interstate commerce.
- N.J. CASE
- flow control --> declared as unconstitutional because it prevented waste being sent to landfills in other states more cheaply <-- one of his cases, they put clause in the contract and were paid off.
- WINE
- Certain states had statutes that prevented shipment of wine into their state from other states. (NY, MI, VA) argue that minors would order wine and have it sent to their home --> really protecting their whole sellers
- SPRAY PAINT IN CHICAGO
- spray paint coulnt be sold within the city. challenged as undue burden of interstate commerce, statute was upheld. NOT undue burden.
- MUDFLAPS
- must have specific mudflaps to drive in Carolinas --> undue burden
- 1st amendment
- freedom of speech - cant engage in hate speech, start riot by yelling "fire"
- commercial speech
- in the interest of corp. not protected to same degree.
- NIKE AND SWEATSHOPS
- tried to decieve public - cant do that in corp.
- LORILLARD TOBACCO V. REILLY
- cant advertise tobacco within 1000 ft of school.
- FLORIDA
- attorneys cant call family of victims to solicit for 30 days after accident. - does not violate 1st amend.
- 4th amendment
- prohibites unreasonable searches and seizures - in some cases a warrant is not needed
- KYLLO
- thermal imaging used to see heat inside of house. used that as evidence of meth labs - courts found it illegal- must preserve sanctity of home.
- 5th amendment
- right to not incriminate yourself. cant be tried twice at the same time (double jeopardy) right to due process right to trial by jury.
- Due process
- no body can be deprived of life, liberty, and property without due process of law
- takings
- if the govt takes private prop for public use it must pay the owner just compensation
- 14th amendment
- applies first 10 amendments to the states