BLS 342 exam 1

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cheezamouse
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199779
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BLS 342 exam 1
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2013-02-11 17:10:05
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business law
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Miami University, Becker
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  1. Article 1 Section 8
    • Enumerated Powers
    • 1. Levy and collect taxes
    • 2. Borrow money against credit of the US
    • 3. Regulate interstate and foreign commerce
    • 4. Establish uniform rules of bankruptcy and naturalization
    • 5. Coin money and set standards of weights and measures
    • 9. Constitute tribunals inferior to US supreme court
    • 18. Make all laws which are neccesary and proper to carry out the power of the government
  2. Article 1 Section 9
    • Limitations of Congress' power
    • 1. Writ of habeus corpus
    • 2. No ex-post facto law will be passed
    • 3. No tax or duty passed on exports from another state
  3. Article 1 section 10
    • What states can't do
    • 1. Impair Contracts
    • 2. Levy a duty on imports
    • 3. No state shall enter into a contract with another state or foreign power without the consent of congress
  4. Article 2 Section 1
    President elected by electoral college
  5. Article 2 Section 2
    • 1. President is the commander of the Army and Navy
    • 2. Has power to grant reprieves and pardons
    • 3. power to make treaties if approved by senate
    • 4. appoints ambassadors, public ministers and consuls, judges of the supreme court, and all other officers of the US
  6. Article 2 Section 4
    President, VP and all civil officers will be removed from office for conviction of treason, bribery, or other high crimes and misdemeanors
  7. Article 3 Section 1
    Gives power to supreme court
  8. Federal Jurisdiction
    • 1. All federal laws
    • 2. Ambassadors, ministrels, and consuls
    • 3. Admiralty and maritime cases
    • 4. US is a party
    • 5. Controversies between 2 or more states
    • 6. Controversies between a state and citizens of another state
    • 7. Controversies between citizens of different states (diversity jurisdiction)(concurrent jurisdiction)
    • 8. Constitutional issues (concurrent jurisdiction)
  9. US Supreme Court jurisdiction
    • Original jurisdiction
    • (ambassadors, ministers, consuls;controversies between states, controversies between state and citizens of another state)

    • Appellate juridiction
    • (case started in lower court and was appealed up)
  10. Article 3 Section 2
    • 1. Federal Jurisdiction
    • 2. Supreme Court Original jurisdiction
    • 3. Jury trial in federal court
  11. Article 3 section 3
    Treason: levying war against the US, or helping US enemies
  12. Article 4 Section 1
    States give full faith and credit to public acts, records, and judicial proceedings of every other state
  13. Article 4 Section 2
    • Privileges and immunities clause
    • -can't treat citizens of another state differently than you treat citizens of your state
  14. Article 4 Section 3
    Admission of new states
  15. Article 4 section 4
    Each state guaranteed a republican form of government
  16. Article 5
    • Congress can make amendments to the constitution
    • (2/3 of both houses need to think it's necessary)
  17. Article 6
    Federal constitution is the supreme law of the land, wins of state constitutions and legislature
  18. Article 7
    9 states sign to ratify the constitution
  19. Amendment 1
    Freedom of Speech, Press, Religion, and Assembly
  20. Restrictions on freedom of speech
    • 1. Clear and present danger test
    • 2. Defamation
    • 3. Disturb the public peace
    •   -harassment/threatening
    • 4. Treason
    • 5. National Security
    • 6. Censorship
  21. Restrictions of press
    • Same as freedom of speech, but harder for public officials and public figures to sue for libel
    • 1. prove malicious intent
    • 2. prove poor reporting techniques used
  22. Freedom of religion
    • 1. free exercise clause
    • 2. establishment clause
  23. Amendment 2
    People have the right to keep and bear arms
  24. Characteristics of Tyranny
    • 1. Kill other people
    • 2. Kill your own people
    • 3. Lots of architecture
    • 4. Spectacles
    • 5. Centralization
    • 6. Propaganda
    • 7. Instability
    • 8. Pretty (palaces, gardens etc.)
  25. Amendment 3
    Soldiers will not be quartered in someone's house without the owner's consent
  26. Amendment 4
    • 1. People are safe against unreasonable searches and seizures
    • 2. Warrants only issues for probably cause
    • 3. Warrants need to be clear
    • -describe place to be searched and things to be seized
  27. Reasonable Searches and Seizures
    • 1. Stop and Frisk
    • 2. Incident to a lawful arrest
    • 3. Incident to a lawful incarceration
    • 4. Under the authority of a search warrant
    • 5. There is probably cause and no time to obtain a search warrant
    • 6. Vehicle lawfully in custody
    • 7. Evidence in plain view
    • 8. Consent to the search
    • 9. Any other reasonable search and seizure
  28. Amendment 5
    • 1. Privilege against self-incrimination
    • 2. Indictment for capital or infamous crimes
    • 3. Double jeopardy
    • 4. Due process clause
  29. Procedural due process
    • (legislative enactments)
    • 1. Law is too vague
    • 2. Law is too broad
    • 3. Law is too narrow
  30. Substantive due process
    • (legislative enactments)
    • 1. Proper Purpose
    • 2. Penalty must bear reasonable relationship to purpose
    • 3. Must not be arbitrary or discriminatory
  31. Amendment 6
    • 1. Right to a speedy and public trial
    • 2. Right to an impartial jury
    • 3. Right to be informed of the nature and cause of the accusation
    • 4. Confrontation of witness
    • 5. Compulsory process for obtaining witnesses in your favor
    • 6. Assistance of counsel in your defense
  32. Amendment 8
    • 1. prohibits excessive bail or fines
    • 2. prohibits cruel and unusual punishment
    • 3. Only criminal penalties are fines, imprisonment, and death
  33. Amendment 9
    Just because rights were listed doesn't mean that people don't have other rights
  34. Amendment 10
    Powers not given to the US, and not prohibited to the states are reserved for the states or the people
  35. Amendment 13 Section 1
    • 1. Prohibits slavery and involuntary servitude
    • 2. Except as punishment for a crime
  36. Amendment 13 Section 2
    Congress has the power to enforce the article by appropriate legislation
  37. Amendment 14
    • 1. Privileges and immunities clause
    • 2. Due process Clause
    • 3. Equal Protection Clause
  38. Equal Protection Clause
    • (all about classification)
    • 1. Law must not be arbitrary or unreasonable in its application
    • 2. Law must not be discriminatory within the classification
    • (Race is per se unconstitutional)
  39. Inherently Suspect Classification
    • 1. Alien
    • 2. Residency

    (government has to show a compelling state interest to justify these classifications)
  40. Suspect Classification
    • 1. Sex/gender
    • 2. Illegitimate Children
    • 3. Zoning
    • 4. Age
    • 5. Indigence (being poor)
    • 6. Felons and Prisoners
    • (Government has to show a reasonably or rationally related interest)
  41. Amendment 15
    • All citizens can vote regardless of race, color, or previous servitude
    • (only men, not women, also have to be 21)
  42. Amendment 16
    Government/congress can levy taxes on incomes
  43. Amendment 18
    • 1. Prohibition, alcohol banned
    • 2. Can't make, sell, or transport it
  44. Amendment 19
    Voting rights cannot be denied due to gender/sex
  45. Amendment 21
    • Repeals 18th amendment
    • (alcohol is no longer banned)
  46. Amendment 26
    Citizens 18 and older can vote
  47. Steps for analyzing a case
    • 1. Identify the court(s)
    • 2. Identify the parties
    • 3. Identify the issue(s) that have to be resolved
    • 4. Reasoning of the court
    • 5. Holding
    • 6. Disposition (affirmed, remanded, vacated, reversed)
  48. Doctrine of Stare Decisis
    Courts usually stick by previous decisions
  49. Class of activities Test
    Looks at a group as a whole to determine whether they have an impact on interstate commerce.
  50. Supreme Court Parties
    Petitioner v. Respondent
  51. Appeals Court Parties
    Appellant v. Appellee
  52. Trial Court Parties
    Plaintiff v. Defendant
  53. ORC, O Jur
    Ohio Revised Code, Ohio Jurisprudence

    laws in ohio
  54. USCA
    United states code annotated

    federal laws
  55. ALR
    American Law reports

    specific topics
  56. Am Jur, CJS
    American Jurisprudence, Corpus Juris Secundum

    state and federal government
  57. U.S. , U.S.L.Ed., S. Ct.
    US supreme court reporter, US supreme court reporter lawyer's edition, supreme court reporter

    Supreme court
  58. F.
    Federal reporter

    federal appeals court
  59. F. Supp.
    Federal Supplement

    federal district courts
  60. O. App, O Ops, OS
    Appellate cases in ohio
  61. N.E., A., S.E., S.W., S., P., N.W.
    Regional reporters

    decisions in those regions

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