MGMT 311 Hailey (non-honors) - Exam 1
Questions and Answers
Unprotected Speech - Answer-defamation, lewd and obscene speech, threatening
speech
Defamation - Answer-lies that harm someone's reputation
Lewd and Obscene Speech - Answer-1) Supreme Court has difficulty defining this
2) Left to local standards
3) Child pornography is completely banned
4) Online obscenity has been hard to regulate due to free speech concerns
Threatening Speech - Answer-anything that threatens or incites violence
Freedom of Religion: Establishment Clause - Answer--prohibits government from
establishing religion or use religion
-federal/state regulations can have an impact on religion as long as it does not place a
significant burden on religion (still can have religious aspects)
-1st amendment does not require a complete separation of church and state (no hostility
allowed)
Freedom of Religion: Free Exercise Clause - Answer--if law is contrary to a person's
religious beliefs, exemptions are often made to accommodate those beliefs
-religious beliefs that work against public policy and welfare, government can act
-test: must be some demonstrable relationship between practice at issue and religion
Search and Seizure - Answer--4th amendment
-government officers must have search warrant through probable cause to believe the
search will find specific illegal activity
-General Warrants are prohibited: needs particular description of what is to be searched
-if items are likely to be removed before warrant
-plain view
-consent - Answer-Exceptions to Search Warrant Requirement
less probably cause is necessary or no warrant needed if contamintaed foods or highly
regulated industry - Answer-Searches of Business
Self-Incrimination - Answer--5th amendment
-don't have to answer question that would incriminate you
-applies to sole proprietors but not corporations
,Due Process - Answer-fairness under the law, 5th and 14th amendments
Procedural Due Process - Answer-strict procedural safeguards for government to be
able to take away life, liberty, or property, treating you fairly in criminal process
Substantive Due Process - Answer-focus is on content of legislation
Standards Review - Answer-tests applied by court, if it cannot pass test, law is
unconstitutional
Substantive Due Process Standards of Review - Answer-strict scrutiny test, rational
basis test
Due Process strict scrutiny test - Answer-legislation that restricts a fundamental right,
law must have compelling or overriding governmental interest must be promoted by
legislation
fundamental right - Answer-all 1st amendment rights, privacy rights (abortion, drug
tests), right to interstate travel, right to vote, marriage, family
Due Process Rational Basis Test - Answer-other legislations applied to economic
matters or social issues that require legislation relate rationally to legitimate
governmental purpose, if no fundamental right is involved
Equal Protection - Answer--14th amendment
-government must treat similarly situated individuals in a similar manner
law or government action limits liberty of all persons to do something - Answer-When
substantive due process applies
law of government action limits liberty of some persons, but not others - Answer-when
equal protection applies
Equal Protection Strict Scrutiny Test - Answer-government must have compelling
interest promoted by legislation and law must be narrowly tailored to further that interest
-applies when government action involves fundamental rights or suspect class
suspect class - Answer-race, national origin, citizenship
Equal Protection Intermediate Scrutiny Test - Answer-government action must be
substantially related to important government objectives
-applies when government action involves: gender or legitimacy (birth status)
, Equal Protection Rational Basis Test - Answer-government action must relate rationally
to a legitimate governmental purpose
-applies when: economic matters and social issues
Law consists of - Answer-enforceable rules governing relationships among individuals
and between individuals and their society
Four Sources of Law - Answer--Constitutions
-Statutes (Acts)
-Administrative Rules/Regs
-Common Law
Constitutions - Answer-establish organization, powers, and limits of governments
Statutory Law (Acts) - Answer-Law passed by the U.S. Congress or state legislatures
-Federal statutes: apply to everyone nationwide
-State statutes: apply only to people within borders of the state
-Found in federal and state code of laws (divided by subject)
(Ex: Civil Rights Act)
-Cannot violate constitutional law
Administrative Law - Answer--can have local, state, or federal agencies
Common Law - Answer--created by interpreting the other 3 types
-case law
-judge made law
Doctrine of Stare Decisis - Answer-"to stand on decided cases"
-other thing William the Conqueror created
-use of precedent (similar past cases) that judges are obligated to follow if established
by a higher court in their jurisdiction
Functions of Stare Decisis - Answer--Accomplishes court efficiency
-Creates a more just and uniform system
-Makes the law stable and predictable
-Allows us to use lessons from the past
Binding Precedent - Answer-Must follow
Persuasive Precedent - Answer-Use other similar cases from other jurisdictions to settle
precedences
Departures from Precedent - Answer--Ruling is incorrect in the precedent
-Outdated or interpretation has changed
ex. Brown v. Board of Education overruled Plessy v. Ferguson
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