FISCAL LAW STUDY GUIDE 2026
COMPLETE QUESTIONS AND
VERIFIED ANSWERS
◉ common law. Answer: a system of law based on precedent and
customs
◉ equity law. Answer: Law created by judges to apply general
principles of ethics and fairness, rather than specific legal rules, to
determine the proper remedy for legal harm.
◉ injunction. Answer: an authoritative court order prohibiting a person
or organization from doing a specific act
◉ administrative rules. Answer: orders by administrative agencies
through the executive branch requiring special expertise
◉ executive orders. Answer: orders from a government executive; one
that has a force of law
◉ writ of certiorari. Answer: Permission granted by a higher court to
allow a losing party in a legal case to bring the case before it for a
ruling; when such a writ is requested of the U.S. Supreme Court, four of
the Court's nine justices must agree to accept the case before it is granted
certiorari.
,◉ summary judgment. Answer: a judgment decided by a trial court
without that case going to trial; a summary judgment is an attempt to
stop a case from going to trial
◉ strict scrutiny. Answer: government must show that it's using the least
restrictive means to directly advance government's compelling interest
◉ content-based laws. Answer: laws enacted because of their
message/ideas in speech, is the least likely to be upheld. Must show that
there is a compelling interest and that it's narrowly drawn by the least
restrictive means
◉ content-neutral laws. Answer: laws that restrict when, where, and how
ideas are expressed, generally receives intermediate scrutiny
◉ traditional public forum. Answer: Lands designed for public use and
historically used for public gathering, discussion and association (e.g.,
public streets, sidewalks and parks). Free speech is protected in these
areas.
◉ limited public forum. Answer: Public property or media that is made
available for a specified use; the topic or content of speech is restricted
to the business at hand or objectives of the particular group.
◉ nonpublic forum. Answer: government-held property that is not
available for public speech and assembly purposes
, ◉ chilling effect. Answer: discouragement of a constitutional right by
any government practice that creates uncertainty about the proper
exercise of a right
◉ Brandenburg v. Ohio. Answer: concerning disruptive speech; whether
or not exposure would cause immediate violent activity or proof that a
reasonable person would act illegally
◉ fighting words. Answer: words not protected by the First Amendment
because the mere utterance would inflict injury or incite immediate
breach of the peace. They target an individual and cause emotional harm
or trigger violence
◉ hate speech. Answer: not a legal term; any communication that
belittles a person or group on the basis of characteristics
◉ O'Brien Test. Answer: resulted after burning of draft card that was
decided that this is not protected speech. A three-part test used to
determine whether a content-neutral law is constitutional
◉ Tinker test. Answer: Court established that the school classroom is a
location that is peculiarly the marketplace of ideas where speech may
only be regulated to prevent substantial disruption to school activities.
Schools cannot restrict symbolic speech unless it causes a substantial
material disruption. School officials' desire to avoid a substantial,
material disruption. The desire of school officials to avoid the
COMPLETE QUESTIONS AND
VERIFIED ANSWERS
◉ common law. Answer: a system of law based on precedent and
customs
◉ equity law. Answer: Law created by judges to apply general
principles of ethics and fairness, rather than specific legal rules, to
determine the proper remedy for legal harm.
◉ injunction. Answer: an authoritative court order prohibiting a person
or organization from doing a specific act
◉ administrative rules. Answer: orders by administrative agencies
through the executive branch requiring special expertise
◉ executive orders. Answer: orders from a government executive; one
that has a force of law
◉ writ of certiorari. Answer: Permission granted by a higher court to
allow a losing party in a legal case to bring the case before it for a
ruling; when such a writ is requested of the U.S. Supreme Court, four of
the Court's nine justices must agree to accept the case before it is granted
certiorari.
,◉ summary judgment. Answer: a judgment decided by a trial court
without that case going to trial; a summary judgment is an attempt to
stop a case from going to trial
◉ strict scrutiny. Answer: government must show that it's using the least
restrictive means to directly advance government's compelling interest
◉ content-based laws. Answer: laws enacted because of their
message/ideas in speech, is the least likely to be upheld. Must show that
there is a compelling interest and that it's narrowly drawn by the least
restrictive means
◉ content-neutral laws. Answer: laws that restrict when, where, and how
ideas are expressed, generally receives intermediate scrutiny
◉ traditional public forum. Answer: Lands designed for public use and
historically used for public gathering, discussion and association (e.g.,
public streets, sidewalks and parks). Free speech is protected in these
areas.
◉ limited public forum. Answer: Public property or media that is made
available for a specified use; the topic or content of speech is restricted
to the business at hand or objectives of the particular group.
◉ nonpublic forum. Answer: government-held property that is not
available for public speech and assembly purposes
, ◉ chilling effect. Answer: discouragement of a constitutional right by
any government practice that creates uncertainty about the proper
exercise of a right
◉ Brandenburg v. Ohio. Answer: concerning disruptive speech; whether
or not exposure would cause immediate violent activity or proof that a
reasonable person would act illegally
◉ fighting words. Answer: words not protected by the First Amendment
because the mere utterance would inflict injury or incite immediate
breach of the peace. They target an individual and cause emotional harm
or trigger violence
◉ hate speech. Answer: not a legal term; any communication that
belittles a person or group on the basis of characteristics
◉ O'Brien Test. Answer: resulted after burning of draft card that was
decided that this is not protected speech. A three-part test used to
determine whether a content-neutral law is constitutional
◉ Tinker test. Answer: Court established that the school classroom is a
location that is peculiarly the marketplace of ideas where speech may
only be regulated to prevent substantial disruption to school activities.
Schools cannot restrict symbolic speech unless it causes a substantial
material disruption. School officials' desire to avoid a substantial,
material disruption. The desire of school officials to avoid the
