Chapter 1: 2-19 Vocabulary: Liability: The state of being legally responsible (liable) for something, such as a debt or obligation. Law: enforceable rules governing relationships among individuals and between individuals and their society Uniform Laws: Laws for states to consider adopting Administrative Law: rules orders and decisions of administrative agencies Administrative Agency: is a federal, state, or local government agency established to perform a specific task Executive agencies: The cabinet departments, ex: The US Food and Drug Administration Independent regulatory agencies: (Federal Level), Federal Trade Commission, Securities and Exchange Commission, Federal Communications Commission, etc… Case Law: the doctrines and principles announced in cases- governs all areas not covered by statutory law or administrative law and is part of our common law tradition Common-Law: A body of general rules that applied throughout the entire English Realm Remedies: The legal means to enforce a right or redress a wrong Remedies at Law: Land, Items of Value, or Money Courts of Law: The courts that award remedied compensation Monetary Damages: an amount given to a party whose legal interests have been damaged Courts of Equity: When an individual could not obtain an equitable remedy, the petitioned the king for relief Remedies in Equity: equitable remedies Breaches: Fails to fulfill an agreement Equitable Maximums: propositions or general statements of equitable rules Laches: negligent or “lax” Defendant: Party being sued (respondent) Plaintiff: Suing Party (petitioner) Statute of Limitations: After the time allowed under a statute of limitations has expired, no action (lawsuit) can be brought, no matter how strong the case was originally Stare Decisis: to stand on decided cases, judges are obligated to follow the precedents established within their own jurisdiction 1) A court should not overturn its own precedents unless there is a compelling reason to do so 2) Decisions made by a higher court are binding on lower courts Binding Authority: is any source of law that a court must follow when deciding a case Persuasive authorities: legal authorities that a court may consult for guidance but that are not binding on the court Legal Reasoning: Deciding what law applies to a given dispute and then applying that law to the facts or circumstances of the case Notes: - Sources of Law: - The US constitution and constitutions of various states - Statutory Law- including the laws passed by Congress, state legislatures, or local governing bodies, includes ordinances- regulations passed by municipal or county - Regulations created by administrative agencies, such as Federal Trade commission - Case Law and common law doctrines - Ethics: general principles governing what constitutes right or wrong behavior - Jurisdiction: refers to a geographic area in which a court or courts have the power to apply the law as being applicable to a certain set of facts - Chapter 2: 26-32 Vocabulary: A federal form of government: A system of government in which the states form a union and the sovereign power is divided between a central government and the member states. Sovereignty: The quality of having independent authority over a geographic area. For instance, state governments have the authority to regulate affairs within their borders. Police Powers: Powers possessed by states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare. Privileges and Immunity Clause: A clause in Article IV, Section 2, of the U.S. Constitution that requires states not to discriminate against one another’s citizens. A resident of one state cannot be treated like an alien when in another state; he or she may not be denied such privileges and immunities as legal protection, access to courts, travel rights, and property rights. Full Faith and Credit Clause: A clause in Article IV, Section 1, of the U.S. Constitution that provides that “Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other State.” The clause ensures that rights established under deeds, wills, contracts, and the like in one state will be honored by the other states and that any judicial decision with respect to such property rights will be honored and enforced in all states Checks and balances: The system by which each of the three branches of the U.S. national government (executive, legislative, and judicial) exercises checks on the powers of the other branches. Commerce Clause: The provision in Article I, Section 8, of the U.S. Constitution that gives Congress the power to regulate interstate commerce. Supremacy Clause: The provision in Article VI of the U.S. Constitution that provides that the Constitution, laws, and treaties of the United States are “the supreme Law of the Land.” Under this clause, state and local laws that directly conflict with federal law will be rendered invalid. Preemption: A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws. Chapter 2: 32-37 Vocabulary: Symbolic speech: Gestures, movements, articles of clothing, and other forms of expressive speech Content Neutral Laws: Laws that regulate the time, manner, and place, but not the content of speech receive less scrutiny than by the courts than do the laws that restrict the content of expression Compelling Gov’t Interest: Government interest is balanced against the individuals constitutional rights to free expression Search Warrant: An order from a judge authorizing search/seizure Probable Cause: To believe a search will reveal evidence of a specific illegality Due Process Clause: No person should be deprived of life, liberty or property without due process of law Equal Protection Clause: The government cannot enact laws that treat similarly situated individuals differently Establishment Clause: Prohibits the government from establishing a state-sponsored religion, as well as, prohibiting religious practices. Free Exercise Clause: Guarantees that people can hold any religious beliefs they want or can hold no religious beliefs Notes: - Corporations cannot prohibit their employees to make political contributions - Commercial Speech: (consists of primarily marketing and advertising) made by business firms cannot mislead their potential customers - Restrictions on commercial speech will be valid as long as it meets these criteria: 1. It must directly advance that interest 2. It must seek to implement a substantial government interest 3. It must go no further than necessary to accomplish its objectives - Unprotected Speech: Certain types of speech will not be protected under the First Amendment - This includes “fighting words” or words that will likely cause an individual to respond violently, defamatory speech (speech that harms the good reputation of another) - Threatening speech: The speaker must pose a “true threat”, that must communicate a serious intent to commit an unlawful, violent act, against a particular person or group - Obscene Speech: The first amendment does not protect it, numerous state and federal statutes make it a crime to disseminate and possess obscene materials (such as child porn) - However, the defining obscene speech is difficult - Most of Congresses’ attempts to protect children from pornography have been shut down, however, the one exception is filtering software- which is installed in childrens’ computers to keep them from accessing adult content - Meta tags: keywords, does not hinder free speech because it helps protect children and acts as a filter Chapter 2: 37-41 Vocabulary: Establishment Clause: The provision in the First Amendment to the U.S. Constitution that prohibits Congress from creating any law “respecting an establishment of religion.” Free Exercise Clause: The provision in the First Amendment to the U.S. Constitution that prohibits Congress from making any law “prohibiting the free exercise” of religion. Chapter 49: 948-949 Vocab: Eminent Domain: The government has the ultimate ownership right in all land in the United States. (can be referred to as condemnation power or taking). Inverse condemnation: occurs when the government simply takes private property from a landowner paying any compensation, thereby forcing the landowner to sue the government Notes: - The government does have the right to take land if they can prove the private property can be used for public use - Then they have to provide just compensation Chapter 4: 65-82 Vocab: Judicial Review: The judicial branch can decide whether laws or actions of the other two branches are constitutional Jurisdiction: The power to speak the law, before any court can hear a case it must have jurisdiction - In rem jurisdiction: jurisdiction over the thing Long Arm Statute: a court can exercise a personal jurisdiction over certain out-of-state defendants based on activities that took place within the state Probate Courts: state courts that handle only matters relating to the transfer of s persons assets and obligations after that persons death Bankruptcy Courts: handle only bankruptcy proceedings, which are governed by federal bankruptcy law Federal Question: Any law involving a federal question, such as a persons rights under the Constitution Diversity Citizenship: Federal courts can exercise jurisdiction over cases if 1) The plaintiff and defendant must be residents in different states 2) The dollar amount in controversy must exceed 75,000 Sliding Scale: determines whether or not a party can exercise personal jurisdiction over an out-of-state defendant based on the defendants Web activities. Venue: concerns the most appropriate location for a trial Standing to sue: sufficient stake in a matter to justify seeking relief through the court system Small Claims Courts: are inferior trial courts that hear only civil cases involving claims of less than 5,000 Question of Fact: deals with what really happened in regard to the dispute being tried Question of Law: concerns the application or interpretation of the law - Only a judge can rule on Questions of Law, not a jury Writ of certiorari: an order issued by the Supreme Court to lower court requiring the latter to send it the record of the case for review Rule of Four: The Court will not issue a writ unless at least four of the nine justices approve it Litigation: The process of resolving a dispute through the court system, expensive and time consuming Alternate Dispute Resolution (ADR): because several years may pass before a case is tried, ADR is used for its flexibility, it can be as simple as sitting down together to work out differences, could be faster, cheaper, and quieter Negotiation: a process in which parties attempt to settle the dispute informally, with/without attorneys to represent them Mediation: a neutral third party acts as a mediator and works with both parties in the dispute to facilitate a resolution Arbitration: A more formal method of ADR, in which an arbitrator (a neural third party or panel of experts) hears a dispute and imposes a resolution on the parties -The arbitrator’s decision is called an award Arbitration Clause: a contract specifying that any dispute arising under the contract specifying that any dispute arising under the contract will be resolved through arbitration rather than the through the court system Online Dispute Resolution (ODR): dispute resolution services over the internet Chapter 5: 86-103 Vocabulary: Federal Rules of Civil Procedure (FCRP): Procedural rules are complex and vary from court to court, and state to state. All civil trials held in federal district courts use FCRP Pleadings: The complaint and answer (other legal documents discussed below) Complaint: can be lengthy or brief, depending on the complexity of the case and rules of the jurisdiction Service Process: Formally notifying the defendant of a lawsuit (you’ve been served) Summons: a notice requiring the defendant to appear in court and answer the complaint Default Judgement: when the defendant fails to respond to the allegations Answer: in an answer the defendant either admits or denies each of the allegations in the plaintiff’s complaint and may set forth defenses to those allegations Affirmative Defense: When the defendant agrees with the plaintiff about the complaints, but raises knew evidence that doesn’t hold the defendant liable Counterclaim: When the defendant disagrees with the plaintiff about the complaints Motion: a procedural request submitted to the court by an attorney on behalf of her or his client Pretrial Motions: include the motion to dismiss, the motion for judgement on the pleadings, and the motion for summary judgment Discovery: The process of obtaining information from the opposing party or from witness prior to trial Deposition: a sworn testimony by a party to the lawsuit or by any witness recorded by an authorized court official Impeach: Challenge the credibility of a party or witness who changes his or her testimony at the trail Interrogatories: written question for which written answers are prepared then signed under oath Voir Dire: Jury Selection, they are asked questions by both parties to see if juries are biased Opening Statement: both attorneys set forth the facts that they expect to prove during the trial Rules of Evidence: Series of rules that the courts have created to ensure that any evidence presented during a trial is fair and reliable Relevant Evidence: evidence that tends to prove or disprove a fact in question or to establish the degree of probability of fact or action Hearsay: testimony that someone gives in court about a statement made by someone else who is not under oath at the time Direct Examination: the attorney and examining, or questioning, the witness Cross-Examination: After the attorney is done questioning, the witness is subject to cross examination after the direct Redirect-Examination: The attorney has the ability to approach the witness again after the cross examination Recross-Examination: Lastly, the defendant's attorney has the ability to approach the witness again Motion for a judgement as a matter of law: a motion for a directed verdict in state courts Closing Argument: The attorney summarizes the facts and evidence presented during the trial and indicates why the facts and evidence support his/her clients claim Verdict: Specified the juries factual findings, in the favor of one party Motion for a New Trial: the judge will grant this if he/she believes the jury was in error Motion for Judgement: such motion will only be granted only if the jury’s verdict will be set aside, and a judgement will be entered in favor of the opposing party Brief: A formal legal document outlining the facts and issues of the case, the judge’s rulings and findings that should be reserved or modified Writ of Execution: an order directing the sheriff to seize and sell the defendants nonexempt assets, or property Notes: Expert Witness: a person who, by virtue of education, training, skill, or experience, has scientific, technical, or other specialized knowledge in a particular area beyond the average person Chapter 6: 112-124 Vocabulary: Damages: monetary compensation for such harm or injury Special Damages: compensate the plaintiff for quantifiable monetary losses, such as medical expenses and lost wages and benefits General Damages: compensate individuals (not companies) for nonmonetary aspects of the harm suffered, such as pain and suffering Punitive Damages: appropriate only when the defendant’s conduct was particularly egregious (outrages) or reprehensible (shameful) Intentional c: requires intentional infliction - Tortfeasor: (the one committing the tort) must intend to commit an act, the consequences of which interfere with another’s personal or business interests in a way not permitted by law Transferred intent: intent can be transferred when a defendant intends to harm one individual, but unintentionally harms another. - Ex: alex throws a punch at blake but misses, and hits carson instead Assault: any intentional and unexcused threat of immediate harmful or offensive contact words or actions that create a reasonably believable threat Battery: an unexcused and harmful or offensive physical contact INTENTIONALLY performed Actionable: capable of serving as the ground of lawsuit Defamation: character involves wrongfully hurting a person’s good reputation, wants people to refrain from making false, defamatory statements of fact about others - Must prove actual malice Libel: defamation in the form of writing or permanent form Slander: defamation in the form of speech Privilege: Immunity Public Figures: Politicians, entertainers, professional athletes, and others in the public eye are considered “fair game”, false and defamatory statements about public figures that are published in the media will not constitute defamation unless the statement is made with actual malice Fraudulent misrepresentation (fraud): intention deceit for personal gain 1. A misrepresentation of material facts or conditions with knowledge that they are false 2. An intent to induce another party to rely on the misrepresentation 3. A justifiable reliable on the misrepresentation by the deceived party 4. Damages suffered as a result of that reliance 5. A causal connection between the misrepresentation and the injury suffered Puffery: Sellers talk - ex: fraud exists only when a person represents a fact that they know in untrue Trespass to land: occurs when any person without permission any of the following 1. Enters onto, above, or below the surface of that land that is owned by another 2. Causes anything to enter onto land owned by another 3. Remains on land owned by another or permits anything to remain it Licensee: one who is invited (or allowed to enter) onto the property of another for the licensee’s benefit Trespass to personal property: whenever any individual wrongfully takes or harms the personal property of another or otherwise interferes with the lawful owner’s possession and enjoyment or personal property Conversion: any act that deprives an owner of personal property or of the use of that property without the owner’s permission and without just cause - Can even occur when it is an accident Disparagement of property: occurs when economically injurious falsehoods are made about another's product or property rather than about another reputation Slander of quality/Trade Libel: the publication of false information about another's product, alleging that it is not what its seller claims Slander of title: when a publication falsely denies or casts doubt on another’s legal ownership of property, resulting in financial loss to the property’s owner Notes: Torts: wrongs and compensation, designed to compensate those for who have suffered a loss or injury due to another person’s wrongful act Statement of fact v. Statement of opinion: Statement of opinion is protected normally by the first amendment, whereas statement of fact can be tried The following four acts qualify as invasions of privacy: 1. Intrusion into an individual's affairs or seclusion- invading someone's home or searching a laptop without authorization 2. False light: publication of information that places someone in a false light ex: writing a story about someone's beliefs, but them being false 3. Public Disclosure of private information- ex: a newspaper posting about an ordinary person’s sex life 4. Appropriation of identity: Using a person’s name, image, or likeness for commercial purposes without permission Abusive or Frivolous Litigation: The filing of a lawsuit without legitimate grounds and with malice. Alternatively, the use of legal process in an improper manner Chapter 6: 121-12/Chapter 9: 180-18 Vocabulary: Business Torts: involve wrongful interference with another’s business rights Wrongful interference in a contractual relationship: 1) A valid, enforceable contract must exist between two parties 2) A third party must know that this contract exists 3) This third party must intentionally induce a party to the contract to breach the contract Cyber torts: arise from online conduct - Usually online defamation Notes: Business Torts usually fall into two categories, interference with a contractual relationship and interference with a business relationship Competitive practices are legal whereas predatory behavior in the market is not Chapter 6: 124-131/ Chapter 7: 134-135 Vocabulary: Negligence: when someone suffers injury because of another's failure to live up to a required duty of care Duty of care: people are free to act as they please so long as their actions do not infringe on the interests of others Reasonable Person Standard: The courts ask how a reasonable person would have acted in the same circumstances Business Invitees: explicit or implicit invites of persons who come upon their premises have a duty to exercise reasonable care For ex: wet floors, construction zones Malpractice: a professional negligence Causation in fact: usually can be determined by the use of the “but for” test: “but for” the wrongful act, the injury would not have occured Proximate Cause: legal cause, exists when the connection between the act and an injury is strong enough to justify imposing liability Good Samaritan statutes: Someone who is aided voluntarily by another cannot turn around and sue the “Good Samaritan” for negligence Dram Shop Acts: under which a bar’s owner or bartender may be held liable for injuries caused by a person who became intoxicated while drinking at a bar Assumption of Risk: Requires knowledge of risk and voluntary assumption of risk Superseding Cause: it relieves the defendant of liability for injuries caused by the intervening event Contributory Negligence: A plaintiff who was also negligent (failed to act under a reasonable degree of care) could not recover anything from the defendant Comparative Negligence: Both the plaintiff and the defendant’s negligence are computed, and the liability for damages is distributed accordingly. Notes: To succeed in a negligence action, the plaintiff must prove… 1) Duty- the defendant owed a duty of care to the plaintiff 2) Breach- The defendant breached that duty 3) Causation- The defendant’s breach caused the plaintiff's injury 4) Damages- The plaintiff suffered a legally recognizable injury For duty of care to be breached, the courts consider… 1) The nature of the act (whether outrageous or commonplace) 2) The manner in which the act was performed (cautiously versus heedlessly) 3) The nature of the injury (whether it is serious or slight) Foreseeability: it would be unfair to pose a liability on a party unless the defendants actions created a foreseeable risk of injury Manufacturers must use due care in all of the following areas: 1) Designing product 2) Selecting the materials 3) Using the appropriate production process 4) Assembling and testing the product 5) Placing adequate warnings on the label to inform the user of dangers of which an ordinary person might not be aware 6) Inspecting and testing any purchased components used in the product Chapter 7: 134-136 Vocabulary: Unreasonably dangerous product: The product was dangerous beyond the expectation if the ordinary consumer and a less dangerous alternative was economically feasible for the manufacturer, but the manufacturer failed to produce it Market Share Liability: a court can hold each manufacturer responsible Product Misuse: when a product is used for a purpose for which it was not intended - Courts limit this defense and is only recognized when the misuse was not foreseeable Statute of Repose: place outer time limits on product liability action Strict Liability Theory: 1) Consumers should be protected against unsafe products 2) Manufacturers and distributors should not escape liability for faulty products simply because they are not in privity of contract with the ultimate user of those products 3) Manufacturers and distributors can better bear the costs on to all consumers in the form of higher prices Notes: Manufacturing defect occurs when the product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product Ex: glass bottle too thin, explodes in customers face To successfully assert a design defect, a plaintiff has to show that: 1) A reasonable alternative design was available 2) As a result of the defendants failure to adopt the alternative design, the product not reasonable safe A product may also be deemed defective if it contains inadequate instructions or warnings Strict Liability Elements (all must be met): - Product defective when defendant sells it - Product is unreasonably dangerous - Harm - Causation - Goods not substantially changed - Defendant normally in business of selling Chapter 10: 187-208 Vocabulary: Crime: can be defined as a wrong against society set forth in a statue and punishable by a fine and/or imprisonment- or, in some cases, death. Beyond Reasonable Doubt: The prosecutor must prove beyond a reasonable doubt that the defendant has committed every essential element of the offense with which they are charged Felonies: Serious crimes punishable by death or by imprisonment for more than one year Misdemeanors: Less serious crimes, punish by a fine or by confinement for up to a year Petty Offenses: minor violations. Such as jaywalking or violations of building codes, considered to be a subset of misdemeanors Criminal Liability: 1) The performance of a prohibited act (actus reus) 2) A specified state of mind, or intent, on part of the actor (mens rea) Actus Reus: The performance of a prohibited act Mens rea: specified state of mind, or intent, on part of the actor/ wrongful mental state Criminally Reckless: they consciously disregards a substantial and unjustifiable risk (terrorist threats) Criminal Negligence: involves the mental state in which the defendant takes an unjustified, substansial, and foreseeable risk that results in harm Violent Crimes: Crimes against persons, because they suffer harm or death - Ex: murder, sexual assult, or rape Robbery: defined as the taking of money, personal property, or any other article of value from a person by means of force or fear (also a violent crime) Burglary: defined as breaking and entering the dwelling of another at night with intent to commit a felony Larceny: unlawful taking and carrying away of someone else’s personal property with the intent to permanently deprive the person of that possession Arson: the willful and malicious burning of a building, vehicle, ex… Forgery: The Fraudulent making or altering of any writing in any way that changes the legal rights and liabilities of another person White Collar Crime: an illegal act or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage Embezzlement: When a person who is entrusted with another person’s property fraudulently appropriates it Insider trading: When an individual who obtains inside information about the plans of a publicly listed company can often make stock trading products by purchasing or selling corporate securities based on this information Money Laundering: Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds Racketeering: 1) Use income obtained from racketeering activity to purchase any interest in an enterprise 2) Acquire or maintain an in interest in an enterprise through racketeering activity 3) Conduct or participate in the affairs of an enterprise through racketeering activity 4) Conspire to do any of the proceeding activities Self-Defense: (best known defense to criminal liability) The justifiable use of force Necessity: that a criminal act was necessary to prevent even greater harm Insanity: A person who suffers from mental illness may be incapable of the state of mind to commit a crime Duress: exists when a wrongful threat of one person induces another to perform and act he/she would not have performed Entrapment: a defense designed to prevent police officers or other government agents from enticing persons to commit crimes in order to later prosecute them for those crimes Self-incrimination: (plead the fifth), 5th amendment Plea-bargain: between defending and prosecuting attorneys Search Warrant: an order from a judge or other public official authorizing the search or seizure Double Jeopardy: trying someone twice for the same criminal offense Probable Cause: to believe a search will reveal a specific illegality Exclusionary Rule: Any evidence obtained in the violation of the constitutional rights spelled out in the Fourth, Fifth, and Sixth Amendments generally is not admissible in trial Miranda Rule: Suspects must be informed of certain constitutional rights, such as their right to remain silent and their Sixth Amendment right to counsel Indictment: A formal charge with having committed specific crimes before they can be brought to trial Grand Jury: does not determine the guilty or innocence of an accused party, it is used to hear the state’s evidence and to determine whether a reasonable basis (probable cause) exists for believing that a crime has been committed and that a trial is ought to be held Cyber Crime: Describes any criminal activity occurring via a computer in the virtual community of the Internet Cyber Fraud: fraud committed over the Internet, scams over email or phone Identity Theft: occurs when the wrongdoer steals form of identification- such as name, date of birth, or Social Security number - and uses the information to access the victims financial resources Phishing: the perpetrator “fishes” for financial data and passwords from consumers by posing as a legitimate business, such as a bank or credit card company. Hacker: Someone who uses one computer to break into another Botnets: Networks of computers that have been appropriated by hackers without the knowledge of their owners Malware: a term that refers to any program that is harmful to a computer or, by extension, a computer user Worm: A software program that is capable of reproducing itself as it spreads from one computer to another Virus: another form of malware, is also able produce itself but must be attached to an “infested” host file to travel from one computer network to another Notes: In civil cases, those who have suffered harm bring lawsuits against those who caused the harm. In contrast, because crimes are offenses against society as a whole, they are prosecuted by a public official. Ex (DA or AG). - One a crime is committed, the DA’s office decides whether or not to file criminal charges against and to what extent to pursue the prosecution or carry out additional investigation In a civil case, the plaintiff has to prove his/her case by preponderance of evidence. However, in criminal cases the gov’t must prove its case beyond reasonable doubt. You can be tried for a criminal case AND a tort. Responsible Corporate Officer Doctrine, a court may impose criminal liability on a corporate officer who participated in, directed, or merely knew about a given criminal violation Obtaining goods under false pretenses is a form of theft that involves trickery or fraud Petty vs. Grand Theft Statute of Limitations Criminal Procedure1) The Fourth Amendment protection from unreasonable searches and seizures 2) The Fourth Amendment requirement that no warrant for a search or an arrest be issued without probable cause 3) The Fifth Amendment requirement that no one be deprived of “life, liberty, or property without due process of law” 4) The Fifth Amendment requires against double jeopardy 5) The Fifth Amendment requires that no person be required to witness against (incriminate) himself 6) The Sixth Amendment guarantees of a speedy trial, a trial by jury, a public trial, the right to a lawyer at various stages in some proceedings 7) The Eighth Amendment prohibitions against excessive bail and fines and cruel and unusual punishments Scope of Warrant: The fourth amendment prohibits general warrants. It provides a specific description of it is to be searched or seized Reasonable Expectation of Privacy: exists if 1. The individual actually expects privacy and 2. The person's expectation is one that society as a whole would consider legitimate Exam Review Notes: rational basis- In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment. Strict scrutiny- is a form of judicial review that courts use to determine the constitutionality of certain laws. ... To pass strict scrutiny, the legislature must have passed the law to further a "compelling governmental interest," and must have narrowly tailored the law to achieve that interest. Remanded- return (a case) to a lower court for reconsideration. RICO- Racketeer Influenced and Corrupt Organizations (RICO) Law. The federal Racketeering Influenced and Corrupt Organizations (RICO) law was passed in 1970 as the "ultimate hit man" in mob prosecutions. ... RICO allows for prosecution of all individuals involved in a corrupt organization. Intermediate scrutiny is a test courts will use to determine a statute's constitutionality. ... To pass intermediate scrutiny, the challenged law must: further an important government interest. and must do so by means that are substantially related to that interest. The Equal Protection Clause- is from the text of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State [...] deny to any person within its jurisdiction the equal protection of the laws". Exclusive Jurisdiction: Court Process litigation: 1. Motion to dismiss 2. Pleadings 3. discovery 4. Pre-trial conference Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when one person intentionally damages someone else's contractual or business relationships with a third party causing economic harm. The concept of "aggregate damages"- refers to the court's ability to determine monetary damages at a class-wide level based on the total monetary damage caused by the defendant's wrongdoing. The individual class members' entitlement to a share of the aggregate award is left to be determined later. 33. Federal courts have exclusive jurisdiction over: a. Bankruptcy cases. b. Cases presenting constitutional questions. c. Cases brought under any federal statute. d. All of the above. A) Bankruptcy When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution. ... Congress has preempted state regulation in many areas. In some cases, such as medical devices, Congress preempted all state regulation. Public policy- is best described as the broad area of government laws, regulations, court decisions, and local ordinances. Many citizens and groups try to influence public policy through the political process by supporting candidates and political parties. ... Exam Review Notes:
