Exam (elaborations)
LEGL 2700 EPSTEIN TEST 1 WITH COMPLETE SOLUTIONS LATEST UPDATE
- Course
- Institution
LEGL 2700 EPSTEIN TEST 1 WITH COMPLETE SOLUTIONS LATEST UPDATE...
[Show more]
Content preview
LEGL 2700 EPSTEIN TEST 1 WITH COMPLETESOLUTIONS LATEST UPDATE
IRAC - ANSWER what is the test to determine what a law is
issue, rule, analysis, conclusion - ANSWER what does IRAC stand for
rule of law - ANSWER laws are generally and equally applied and requires solid, stable
institutions (no one is above the law)
property - ANSWER the right to possess resources and shield from others
common law - ANSWER judge-made law
stare decises - ANSWER precedent; let the prior decision stand
civil law - ANSWER relies heavier on legislation
criminal law - ANSWER laws for which the punishments include death, imprisonment,
fines, etc
civil law - ANSWER laws for which the punishments include compensatory damages,
etc.
corporation - ANSWER owned by shareholders; organized by a board of directors who
oversee the business and hire officers to hire other employees
corporate governance - ANSWER the system of governing a company so that the
interests of corporate owners and other stakeholders are protected
, articles of confederation - ANSWER a weak constitution that included a strong
sovereignty of the states, weak central government, and concern over economic issues
Horizontal separation of power- ANSWER The government is divided into branches so
that one branch will not centralize all the power; Legislative- create the laws, Executive-
enforce laws, Judiciary- fair process, interpret or invalidate laws
Vertical separation of power- ANSWER Between Federal and state government; created
due to federalism; 10th amendment states whatever powers are not reserved by the
government is meant for the state
supremacy clause - ANSWER clause that states that the constitution is supreme over all
other laws; federal law is supreme over state laws
express preemption - ANSWER the higher level law states with words that it is the more
important law
implied preemption - ANSWER when the preemption isn't written out exactly; can't
comply with both state and federal, so you comply with federal
commerce clause - ANSWER clause controlling foreign and interstate commerce; fed
government has the power to regulate those people engaging in activities that affect
interstate commerce
dormant commerce clause - ANSWER not mentioned in the constitution; a doctrine that
bars states from economically looking down on other states
contract clause - ANSWER states, "no state shall. pass any. law impairing the obligation
of contracts"
bill of rights-ANS first 10 amendments to the constitution; prohibitions on gov power that
defines citizens' personal freedoms; not absolute
5th amendment-ANS right to a grand jury, no double jeopardy, against
self-incrimination, due process, eminent domain
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Easton. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $14.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67866 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now