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IU / SPEA / SPE 220 / How many delegates was each state permitted to have under the articles

How many delegates was each state permitted to have under the articles

How many delegates was each state permitted to have under the articles

Description

School: Indiana University
Department: SPEA
Course: Law and Public Policy
Professor: David welch
Term: Spring 2016
Tags: Law and Public Policy
Cost: 50
Name: Midterm Review Study Guide
Description: All 63 topics discussed in the optional review session are here.
Uploaded: 04/01/2016
6 Pages 47 Views 2 Unlocks
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V220 Law and Public Policy Midterm


How many delegates was each state permitted to have under the articles of confederation?



1. The good parts of the Articles of Confederation were that each state would send  delegates to be members of Congress. The bad parts of the Articles left no strong  national government with no independent judges, no place for criminals to be put away,  and there was no way to collect money or even support an army. The Constitution  replaced this doctrine to create an equal balance of power among a strong national  government that allowed for necessary powers to each branch.

2. In the year 1913, the Senate was elected by state legislatures.

3. The President appoints federal judges.

4. A precedent was a previous court ruling that set legal standards upon which current  judges will look to for guidance in making a decision. This is issued when a court applies  stare decisis. A precedent is a form of judicial law.


When were senators elected by state legislatures?



5. Consistent law is important because the citizens of the United States have a right to a  fair and just trial.

6. Statutes are usually written generally because the broad language wants to cover all  types of situations that arise in an attempt to set down a legal standard that shows what  is right and wrong for the whole population.

7. The federal courts are set by geographical boundaries and for large geographical areas  there may be more than one branch of the U.S. district court in a state and in total there  is over 90 federal district courts. The U.S. court of appeals has 13 courts and are located  across the country. Two of these are located in D.C. and the rest are located in other  parts of the country. The boundary lines of states define which appellate court has  authority over which jurisdiction.


What does precedent do to a judge's ruling?



We also discuss several other topics like How the groups of customers are in market segmentation?

8. The two types of law publications are codes and annotated statute.

9. Codification is the term that applies to incorporating new legislation into existing code  or legal standard.

10. A person has to be 30 years old for the Senate and 25 years old for the House of  Representatives.

11. The President was selected by members of Congress under the Articles of  Confederation.

12. The purpose of new law is to keep up with the changes in society’s views, culture,  population and nationwide interests.

13. Motion for summary judgement is the most serious motion filed in a lawsuit because it  asks the judge to make a decision based solely on evidence that exists when motion is  requested. This motion is made because the evidence is absolutely in favor of one party.  The jury is not called upon in this kind of motion as the decision is made by the judge of  the court.

14. A lawsuit follows the following structure: complaint is filed by the plaintiff alleging  something against the defendant, a summons is then issued to the defendant to inform  him or her of the lawsuit, the defendant then sends a response and last the discovery  phase where evidence is exchanged for each person to evaluate his or her position. Communication is done mostly by motions. Don't forget about the age old question of What is consolidation in freight forwarding?

15. The attorney asks a juror a number of questions and if he/she feels that the person has  a bias that would influence the decision, the attorney can challenge the juror’s right to  sit on the jury.

16. A plaintiff files a complaint. Don't forget about the age old question of What is the concept of rehabilitation?

17. A default judgement is when the defendant does not respond to the complaint in the  correct time period and therefore the judge rules in favor of the plaintiff. We also discuss several other topics like What is the meaning of self in infancy?

18. In personam jurisdiction is the authority a court has over the person and this jurisdiction  gives the court the power to appear in court and respond to a lawsuit.

19. Domicile and waivers are two methods to obtain personal jurisdiction (in personam  jurisdiction.)

20. A court obtains jurisdiction if the case falls in their category and subtype based on the  rules already in place.

21. In personam jurisdiction is the authority a court has over the person and this  jurisdiction gives the court the power to appear in court and respond to a lawsuit.

22. A person’s best alternative is to challenge the will in a probate court.If you want to learn more check out What are the gestures with different meanings overseas?

23. A codicil is an amendment to the existing will. In class, we talked about how its best to  amend the will if the previous will was mentioned in the updated one. For example, if  the testator originally said in October that he wanted Joe to get his whole estate, but in  April the testator wants Jane to get the estate, then the testator would say something  like, “I (the testator) previous said in October that I want my estate to go to Joe but now  as of April I want my estate to go to Jane.” By mentioning the previous will, there is no  suspicion once the testator dies. We also discuss several other topics like What does it mean to say that atoms are not created or destroyed in a chemical reaction?

24. Per Capita distribution is equal distribution of an estate to each person that is related to  the testator. This type of distribution is not used very often.

25. Probate cases typically hear cases related to the estates of the deceased or to the  assistance of persons under legal guardianship.

26. A valid will doesn’t typically require witnesses to testify to the specific intent of the  testator.

27. Being legally incompetent means that a testator is not in the right state of mind to  complete his or her will.

28. An Intestate is when someone does no leave a known or valid will. When this happens,  the state divides up the estate based on their law and this is known as intestate  succession.

29. The Supreme Court is not the main source of all law. Remember, the executive branch  has the power to create statutes or statutory laws.

30. Citizens have the most contact with the legislative branch of the government.

31. The sociological theory is the idea that the government should make laws to reflect the  current society’s needs.

32. False statement: Each state legislature determines the manner in which the electors are  appointed. (Note: this was true under the Articles of Confederation)

33. The two primary elements of administrative law are administrative regulations and  administrative decisions.

34. The court of last resort is the U.S. Supreme Court.

35. If an individual wants to challenge statutory law, he or she must reach out to the  judicial branch who has the power to decide whether or not statutes should be upheld.  

36. The court of original jurisdiction is the court where the case is heard and decided on for  the first time.

37. Statutes are usually general.

38. The two types of courts are appellate courts and trial courts.

39. The difference between common law and case law is that common law are newly  established legal principles and case law is the application of stare decisis. Both are  created by the judicial branch of government.

40. The legislative branch, or Congress, has the power to regulate commerce.

41. The Bill of Rights was the first protective measure made by the government.

42. The requirements for a U.S. Senator are that a person has to be 30 years old, 9 year  citizen of the U.S. and must live in the state that he or she is representing.

43. Workers compensation laws are examples of remedial statutes.

44. The delegation doctrine is the principle that Congress hold the power to make statutory  law and no other branch can do the same. Congress can, however, give power to  administrative agencies to enforce the statutes that the legislative branch sets in place.  

45. The federal agencies increased in number during the Great Depression and World War II  because the country was going through some major social, economical and political  changes to keep the country prosperous.

46. You can challenge a juror in the first stage of trial and this could either be a peremptory  challenge or a challenge for a cause.

47. Polling a jury is important to “weed out” any potential biases against the case.

48. A motion for sanctions is a motion that seeks punishment of the party who did wrong.  This motion is used during the discovery of during the proceedings when one party  believes that the other is disregarding procedural rules of the court.

49. The first step in a bench trial is voir dire which means the jury will be selected for the  case presented.

50. Probate cases typically hear cases related to the estates of the deceased or to the  assistance of persons under legal guardianship.

51. The term pendent jurisdiction means the federal court hears a federal claim to hear  claims about state law to determine interrelated claims based on state law.

52. A corporation’s domicile is in the state of incorporation and must have a registered  agent in the business conducted in other states so they can accept notice of the lawsuits  at hand.

53. The law does treat a corporation as a domicile.

54. Federal jurisdiction must meet the following three requirements: need a decision based  on federal law, the U.S. is a party in the case, or diversity of citizenship and a dispute  that exceeds $75,000.

55. This is a false statement: Corporations, by reference, applies only in cases where  decedent was a shareholder in a corporation.

56. The burden(s) of proof for a will contests are mistakes, duress (improper influence) or  fraud.  

57. Per Capita distribution is equal distribution of an estate to each person that is related to  the testator. This type of distribution is not used very often.

58. The time period between the Articles of Confederation and the U.S. Constiution was 11  years.

59. The role of the press was to gain support for the Constitution.

60. The “Supreme law of the land” is the Constitution.

61. The powers NOT provided by the Articles of Confederation are the power to tax, power  to regulate interstate commerce, and power to regulate foreign commerce.

62. James Madison took notes at the convention and sent them to France.

63. The small states were favored in the electoral system because the small states get equal  representation in the Senate.

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