LAW 404

What is the textual basis for the doctrine of executive privilege? correct answers It is not mentioned explicitly in the constitutional text but has been implied from Article II because it is so vital to the President's ability to do his job. Which of the following is not one or the three main c...

Civil Law correct answers Civil Law or codified law systems which laws are defined by the legislative bodies and judges apply them and don't interpret them. Common Law correct answers Common law systems primarily roots from the interpretations of judges over time. Natural Law correct answers ...

What is Legal Capacity? correct answers Capacity is legal ability to enter a contract - Over legal age (mentally competent) How do you lack legal capacity? correct answers 1. Minors 2. Mentally Incompetent 3. Intoxicated or drugged 4. Aliens or convicted felons (in some instance) What happ...

Assume that three or more of your classmates have signed Constitution 2.0. Is this Constitution the Supreme Law of the Land? correct answers No because no text is self-legitimating and there is no way that the people of the United States would recognize this document or its ratification procedure as...

In what context do most federalism cases arise? correct answers Disputes over Congress' powers under Article I of the Constitution. What are the "big three" institutional choices (mark all that apply)? correct answers Congress Separation of Powers (Congress vs. the President vs. the court...

IRAC is a method of analysis whereby: correct answers A legal problem can be identified and resolved. What are the three big questions of institutional choice in American constitutional law? correct answers Federalism, separation of powers, and individual rights What is NOT a standard type of ...

Arguments for Constitution correct answers - stability - good substance - ongoing popular support - amendment and evolution through judicial interpretation - one American people that exists over time Constitutional Law Fundamentals (themes) correct answers 1. Federalism 2. Separation of ...

Marbury v. Madison (1803) takeaway 1 correct answers Creates the authority for judicial review of executive actions marbury v takeaway 2 correct answers established that Article 3 is the ceiling of federal court jurisdiction. So Congress can't expand the original jurisdiction of the SCOTUS and f...

The U.S. Constitution vests the Congress and president with the ___________ to create and enforce laws? correct answers Authority As a source of law, state constitutions can supersede the U.S. Constitution in terms of authority? correct answers False The Unite States Code (U.S.C.) is the syste...

When faced with a hard federalism case, lawyers turn to... correct answers institutional arguments, such as those presented in Federalist 10. How does a Constitution acquire legal authority? correct answers A community must accept it as legitimate - no legal test is self-legitimizing Easy cas...

Americans are litigious which means what? correct answers They like to sue (often for silly reasons) Juries are often what towards the press? correct answers Hostile Trials tend to be what for both parties? correct answers Lose-Lose What are 4 reasons for the first amendment to change/evolv...