Spea v 184 - Study guides, Class notes & Summaries

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Wickard v. Filburn upheld what clause? - The supremacy Clause (federal law has jurisdiction over state law) Brenda Moore v. State of Indiana had two legal questions-what do they reference? - Public policy and right to consume alcoholic beverages What was the outcome of US v. Arizona - it is unconstitutional to create state immigration law that inherently goes against federal immigration statues What case served as the precedent for gonzales v raich? - Wickard v. Filburn What is the name f...

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How to identify the elements of a crime from statute (combination of act and intent - Crim Law requires culpability (intent to commit a crime or be very careless) & blameworthiness (someone did something wrong). Mens rea - The intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused. (the state of mind to commit a crime) Actus reus - Refers to the act or omission that comprise the physical elements of a crime as required by s...

Personal vs. Subject Matter Jurisdiction - The court's authority over specific individuals or entities involved in a case vs. The court's authority to handle a particular type of legal dispute. Long-Arm Statutes - Enable a court to assert personal jurisdiction over out-of-state defendants based on their contacts or actions within the state Motion to Remand - Request to return a case from federal to state court, typically filed by the plaintiff, arguing that the federal court lacks jurisdi...

Articles of Confederation - 1st Constitution or set of the ground rules of the U.S. (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade) Article 1 talks about... - Legislative Branch or "congress"; takes up 50% of constitution Article 2 talks about... - Executive Branch; takes up 25% of constitution Article 3 talks about... - Judicial Branch Six Big Ideas in Constitution? - LRCFSP; Limited government, republicanism, checks/balances, federalism, seperation ...

Bill of Rights - First 10 amendments to the Constitution Common Law - (civil law) a law established by following earlier judicial decisions Marbury v. Madison - This case establishes the Supreme Court's power of Judicial Review Wickard v. Filburn - Farmer grew more wheat than allowed because he was being funded by congress. Congress said they could regulate that because even though it was for his personal consumption, it would effect interstate commerce. Expansion of power of the Commerce ...