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UA / Legal Studies / LwSt 200 / What does the constitution say is the supreme law of land?

What does the constitution say is the supreme law of land?

What does the constitution say is the supreme law of land?

Description

School: University of Alabama - Tuscaloosa
Department: Legal Studies
Course: Legal Environment of Business
Professor: Charlye adams
Term: Summer 2015
Tags: Legal Studies 200 Study guide Unit 1
Cost: 50
Name: LGS 200 Unit 1 Exam Study Guide
Description: This study guide covers unit 1 which is chapters 2, 3, 5, 7, and 12. Hope this helps!
Uploaded: 02/05/2016
3 Pages 41 Views 4 Unlocks
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Unit 1 vocabulary to study


What does the constitution say is the supreme law of land?



1. Supreme law of land – the constitution  

2. Jurisdiction – who the court can hear cases from

3. Federal court order– US district Court, circuit court of appeals, US  Supreme Court  

4. State Court order – District/municipal court, criminal/civil appellate  courts, Alabama Supreme Court

5. Writ of certiorari – when a lawsuit is appealed to a higher court  (appellate court)

6. Federal Court Jurisdiction – a case is only heard in federal courts  when: rights/obligations of party are defined by federal law, there is  diversity between people (diff. states or foreign country and US  citizen), or the amount in controversy exceeds $75,000


What does it mean to appeal to a higher court?



7. Default judgement – when the defendant doesn’t respond to a court  summons and the plaintiff automatically wins  

8. In rim jurisdiction – jurisdiction and power of court to decide issues  related to property within geographical borders

9. In persona jurisdiction – power of the court over the parties  10. Deposition v interrogatory – both designed to discover the  truth between parties before the trial, major difference: deposition has  to be in person and under oath

11. Direct examination - the questioning of a witness by the party  that has called that witness to give evidence

12. Venue – where the trial takes place, usually where the injury  occurred  


Are state supreme courts appellate courts?



13. Negation - Informal discussion by parties, with or without  attorneys, with the goal of coming to a “meeting of minds” in  resolution We also discuss several other topics like What is a total surplus?

14. Arbitration – involves a neutral 3rd party to reach an agreement  that is legally binding  

15. Mediation – Involves a neutral 3rd party (mediator) that is  usually an expert in the field, few rules, cheaper, decision is not legally binding  

16. What powers do states have? States have powers not  specifically granted to the federal government  

17. Checks and balances – legislative branch (congress) creates  laws, executive branch (president/cabinet) enforces laws, judicial  branch (courts) interprets laws If you want to learn more check out Why protein is important?

18. Preemption doctrine – when national and state gov’t have  concurrent powers the federal law is the law of the land

19. Taxes – congress has the power to “lay and collect taxes, duties, imposts, and excises” (uniform among states)

20. 10 amendments – called the bill of rights, limited the power of  the federal government

21. free speech – first amendment right to free speech including  corporate political speech, commercial speech like advertising,  exception: cannot be threatening speech Don't forget about the age old question of What is the punctuated equilibrium model of evolution?

22. establishment clause – prevents congress to establish a  national religion or favor one religion to another

23. free exercise clause – guarantees a person’s right to freely  exercise his/her religion

24. privacy – right not specifically expressed in constitution but  established in Freedom of Information Act of 1966 and Privacy Act of  1974

25. felony v misdemeanor – misdemeanors are less serious  punishable by up to a year in prison or fines, felonies are more serious  and punishable by more than a year in prison or even death

26. receipt of stolen goods – type of property crime only if you  knew before you bought them that they were stolen

27.embezzled – a white collar crime which involves theft or  misappropriation of funds placed in one's trust or belonging to  employer If you want to learn more check out What are the different types of rehabilitation?

28. duress – you can plea duress if wrongful threat induces another  to commit crime

29. judgment proof – when you owe someone money but they  cannot repay you due to lack of income, property, etc. that the creditor can take from you

30. Miranda rights – right to remain silent, attorney will be  appointed for you, exception: “public safety” and unequivocal demand  for counsel (demand for attorney)

31. Probable clause – requires law enforcement to have “probable  cause” in order to receive a search warrant  

32. Search Warrants – must be specific, must have probable cause, must have search warrant to search through personal belongings  33. Bribery – to persuade someone to act in one's favor, typically  illegally or dishonestly, by a gift of money or other inducement 34. Contributory negligence – If plaintiff in any way caused his  injury, he was barred from recovery (not very common)

35. Comparative negligence – later replaces contributory  negligence, this allows plaintiff to receive some money even if they  have some fault in injury Don't forget about the age old question of Is a salary better than a wage?

36. Assault – intentional, unexcused act that creates  harmful/offensive contact

37. battery – completion of assault, compensated for harm  (physical/emotional)

38. Libel - a published false statement that is damaging to a  person's reputation

39. Slander - making a false spoken statement damaging to a  person's reputation

40. Duty of care – to protect plaintiff from foreseeable risks  defendant should have known about (homeowner to guest or landlord  to tenants)

41. Defamation – the act of damaging someone’s reputation by  slander or libel

42. Professional malpractice – when a professional breaches his  duty of care to his/her client  Don't forget about the age old question of What can reproduce through mitosis meiosis and gamete fusion?

43. Good Samaritan clause – protects someone who renders aid to an injured person from being sued for negligence (ex: trying to give  CPR to injured stranger)

44. Assumption of risk – plaintiff has knowledge of risk and  voluntarily engages in act (ex: a signed lease)

45. Negligence per se – when a defendant violates a statute  designed specifically to protect the type of injury plaintiff suffered (ex:  amusement rides, failure to maintain ride)

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