BLAW 341 CORE MAIN EXAMINATION ALL
QUESTIONS AND ANSWERS SURE A+
✔✔"activist Judges"? - ✔✔cant disregard legislation
✔✔Legislative overruling...... - ✔✔Is limited by the constitution
✔✔Classifications of law? - ✔✔Civil and criminal
✔✔Characteristics of Civil law - ✔✔2 private parties participate
must win 51% of burden
Consequences are money or injunction
✔✔characteristics of Criminal law - ✔✔Gov is always the plaintiff
gov must prove 95% burden to win
criminal intent
fines or jail consequences
✔✔What are secondary sources of law? - ✔✔Discussing/arguing about current law
, NOT binding
Descriptive and conversational
EX: Our textbook is considered a secondary source of law
✔✔Structure of the constitution - ✔✔
✔✔preemption- - ✔✔is the rule of law that if the fed gov though congress has enacted
legislation on a subject matter t shall be controlling over state laws and/or preclude the
state from enacting laws on the same subject if congress has specifically declared it has
"occupied the field"
✔✔Kelo vs. New London (2005) - ✔✔Local governments can use Eminent domain to
seize private property even if they intend to transfer it to other private interests, as long
as a public good is served.
KELO claims this violates 5th and 14th amendment
eminent domain- right of gov or its agent to take private property for public use,
w/payment of compensation
✔✔Are companies considered legal persons? - ✔✔Yes
✔✔Is all speech the same? - ✔✔No, there are 3 types of speech.
strict scrutiny
intermediate scrutiny
Rational bias, unprotected or non-content restriction
✔✔Gonzales vs. Raich (2005) - ✔✔California compassionate act (1996) conflicts with
federal law
Summary:
- Two women (Raich) granted medical marijuana prescriptions
- One grows her own pot and her garden is raided by DEA (Gonzales)
Issue:
Can Commerce Clause allow Congress to regulate pot when it's being used for medical
purposes?
Decision:
Yes it can - growing own pot instead of buying it affects the market, causing interference
with interstate commerce --- Decision is vacated and remanded
QUESTIONS AND ANSWERS SURE A+
✔✔"activist Judges"? - ✔✔cant disregard legislation
✔✔Legislative overruling...... - ✔✔Is limited by the constitution
✔✔Classifications of law? - ✔✔Civil and criminal
✔✔Characteristics of Civil law - ✔✔2 private parties participate
must win 51% of burden
Consequences are money or injunction
✔✔characteristics of Criminal law - ✔✔Gov is always the plaintiff
gov must prove 95% burden to win
criminal intent
fines or jail consequences
✔✔What are secondary sources of law? - ✔✔Discussing/arguing about current law
, NOT binding
Descriptive and conversational
EX: Our textbook is considered a secondary source of law
✔✔Structure of the constitution - ✔✔
✔✔preemption- - ✔✔is the rule of law that if the fed gov though congress has enacted
legislation on a subject matter t shall be controlling over state laws and/or preclude the
state from enacting laws on the same subject if congress has specifically declared it has
"occupied the field"
✔✔Kelo vs. New London (2005) - ✔✔Local governments can use Eminent domain to
seize private property even if they intend to transfer it to other private interests, as long
as a public good is served.
KELO claims this violates 5th and 14th amendment
eminent domain- right of gov or its agent to take private property for public use,
w/payment of compensation
✔✔Are companies considered legal persons? - ✔✔Yes
✔✔Is all speech the same? - ✔✔No, there are 3 types of speech.
strict scrutiny
intermediate scrutiny
Rational bias, unprotected or non-content restriction
✔✔Gonzales vs. Raich (2005) - ✔✔California compassionate act (1996) conflicts with
federal law
Summary:
- Two women (Raich) granted medical marijuana prescriptions
- One grows her own pot and her garden is raided by DEA (Gonzales)
Issue:
Can Commerce Clause allow Congress to regulate pot when it's being used for medical
purposes?
Decision:
Yes it can - growing own pot instead of buying it affects the market, causing interference
with interstate commerce --- Decision is vacated and remanded
