LEGL 2700 Test 1 Epstein UGA
Batson Challenge - correct answer-An objection to the validity of a peremptory challenge, on
grounds that the other party used it to exclude a potential juror based on race, ethnicity, or
sex
Laws vs. Rule of Law - correct answer-law-rules created and enforced by the state
rule of law-no one is above the law
Property vs. Resources - correct answer-property- pertains more to the idea of property
rights, being able to exclude others
resources- the things we own
Common Law vs. Civil Law - correct answer-common law- stare decisis, reliant on case law,
judge ruled
civil law- no obligation to follow case law
Hierarchy of Laws - correct answer-highest law has priority over lower laws
U.S. Constitution
Federal Statutes
Federal Regulations
State Constitutions
State Statutes
State Regulations
Local Ordinances
Corporate Governance - correct answer-the system of governing a company so that the
interests of corporate owners and other stakeholders are protected
Specific Governance - correct answer-you may own stock in a company, but you don't run
the company
Separation of Powers - correct answer-horizontal- branches of government; executive,
judicial, legislative
vertical- federal to state to local
supremacy clause - correct answer-federal law is superior to state law
preemption doctrine - correct answer-A doctrine under which certain federal laws preempt,
or take precedence over, conflicting state or local laws.
, field implied preemption - correct answer-federal government regulates it so heavily, state
doesn't bother
commerce clause - correct answer-Clause stating that Congress can regulate interstate and
international commerce.
dormant commerce clause - correct answer-even if we don't see it, states can't discriminate
against other states
contract clause - correct answer-The clause in the U.S. Constitution that prohibits the
government from unreasonably interfering with an existing contract.; only applies to state
government
2nd Amendment - correct answer-Heller stood for premise that you can't prevent ppl from
having handguns in their home
5th Amendment - correct answer-due process, right to a jury, double jeopardy, right against
self-incrimination, imminent domain
Imminent Domain Test - correct answer-1. Is it a taking? - changing use doesn't count as
taking
2. Public use? - the land being used for public purpose
3. Just compensation? - generally offered fair market price
1st Amendment - correct answer-Freedom of Religion, Speech, Press, Assembly, and
Petition
establishment clause - correct answer-Clause in the First Amendment that says the
government may not establish an official religion.
free exercise clause - correct answer-A First Amendment provision that prohibits
government from interfering with the practice of religion.
symbolic speech - correct answer-nonverbal communication, such as burning a flag or
wearing an armband. The Supreme Court has accorded some symbolic speech protection
under the first amendment.
prior restraint - correct answer-government can't censor information before it is published or
broadcasted
Defamation - correct answer-libel- written
slander- spoken
14th Amendment - correct answer-due process, extends bill of rights to state
level(incorporation doctrine), equal protection, scrutiny
Batson Challenge - correct answer-An objection to the validity of a peremptory challenge, on
grounds that the other party used it to exclude a potential juror based on race, ethnicity, or
sex
Laws vs. Rule of Law - correct answer-law-rules created and enforced by the state
rule of law-no one is above the law
Property vs. Resources - correct answer-property- pertains more to the idea of property
rights, being able to exclude others
resources- the things we own
Common Law vs. Civil Law - correct answer-common law- stare decisis, reliant on case law,
judge ruled
civil law- no obligation to follow case law
Hierarchy of Laws - correct answer-highest law has priority over lower laws
U.S. Constitution
Federal Statutes
Federal Regulations
State Constitutions
State Statutes
State Regulations
Local Ordinances
Corporate Governance - correct answer-the system of governing a company so that the
interests of corporate owners and other stakeholders are protected
Specific Governance - correct answer-you may own stock in a company, but you don't run
the company
Separation of Powers - correct answer-horizontal- branches of government; executive,
judicial, legislative
vertical- federal to state to local
supremacy clause - correct answer-federal law is superior to state law
preemption doctrine - correct answer-A doctrine under which certain federal laws preempt,
or take precedence over, conflicting state or local laws.
, field implied preemption - correct answer-federal government regulates it so heavily, state
doesn't bother
commerce clause - correct answer-Clause stating that Congress can regulate interstate and
international commerce.
dormant commerce clause - correct answer-even if we don't see it, states can't discriminate
against other states
contract clause - correct answer-The clause in the U.S. Constitution that prohibits the
government from unreasonably interfering with an existing contract.; only applies to state
government
2nd Amendment - correct answer-Heller stood for premise that you can't prevent ppl from
having handguns in their home
5th Amendment - correct answer-due process, right to a jury, double jeopardy, right against
self-incrimination, imminent domain
Imminent Domain Test - correct answer-1. Is it a taking? - changing use doesn't count as
taking
2. Public use? - the land being used for public purpose
3. Just compensation? - generally offered fair market price
1st Amendment - correct answer-Freedom of Religion, Speech, Press, Assembly, and
Petition
establishment clause - correct answer-Clause in the First Amendment that says the
government may not establish an official religion.
free exercise clause - correct answer-A First Amendment provision that prohibits
government from interfering with the practice of religion.
symbolic speech - correct answer-nonverbal communication, such as burning a flag or
wearing an armband. The Supreme Court has accorded some symbolic speech protection
under the first amendment.
prior restraint - correct answer-government can't censor information before it is published or
broadcasted
Defamation - correct answer-libel- written
slander- spoken
14th Amendment - correct answer-due process, extends bill of rights to state
level(incorporation doctrine), equal protection, scrutiny
