LEGL 2700 EPSTEIN TEST 1 QUESTIONS AND ANSWERS (100% CORRECT)
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Course
LEGL 2700
Institution
LEGL 2700
IRAC -Correct Answer what is the test to determine what a law is
issue, rule, analysis, conclusion -Correct Answer what does IRAC stand for
rule of law -Correct Answer laws are generally and equally applied and requires solid, stable institutions (no one is above the law)
property -Correct...
LEGL 2700 EPSTEIN TEST 1 QUESTIONS AND
ANSWERS (100% CORRECT) 2024-2025
IRAC -Correct Answer ✔what is the test to determine what a law is
issue, rule, analysis, conclusion -Correct Answer ✔what does IRAC stand for
rule of law -Correct Answer ✔laws are generally and equally applied and requires solid,
stable institutions (no one is above the law)
property -Correct Answer ✔the right to possess resources and shield from others
common law -Correct Answer ✔judge-made law
stare decises -Correct Answer ✔precedent; let the prior decision stand
civil law -Correct Answer ✔relies heavier on legislation
criminal law -Correct Answer ✔laws for which the punishments include death,
imprisonment, fines, etc
civil law -Correct Answer ✔laws for which the punishments include compensatory
damages, etc.
corporation -Correct Answer ✔owned by shareholders; organized by a board of
directors who oversee the business and hire officers to hire other employees
corporate governance -Correct Answer ✔the system of governing a company so that
the interests of corporate owners and other stakeholders are protected
articles of confederation -Correct Answer ✔a weak constitution that included a strong
sovereignty of the states, weak central government, and concern over economic issues
horizontal separation of powers -Correct Answer ✔the government is separated into
different branches to make sure the power isn't completely centralized; legislative- make
laws, executive- enforce laws, judiciary- fair process, interpret, or invalidate laws
vertical separation of powers -Correct Answer ✔between federal and state
governments; caused by federalism; 10th amendment states that powers not reserved
for the government are for the states
supremacy clause -Correct Answer ✔clause that states that the constitution is supreme
over all other laws; federal law is supreme over state laws
LEGL 2700 EPSTEIN TEST 1
, LEGL 2700 EPSTEIN TEST 1
express preemption -Correct Answer ✔the higher level law states with words that it is
the more important law
implied preemption -Correct Answer ✔when the preemption isn't written out exactly;
can't comply with both state and federal, so you comply with federal
commerce clause -Correct Answer ✔clause that regulates foreign and interstate
commerce; fed gov holds the power to regulate persons engaged in activities affecting
interstate commerce
dormant commerce clause -Correct Answer ✔not written in the constitution; restricts
states from economically discriminating against other states
contract clause -Correct Answer ✔clause that states "no state shall... pass any... law
impairing the obligation of contracts"
bill of rights -Correct Answer ✔first 10 amendments to the constitution; prohibitions on
gov power that defines citizens' personal freedoms; not absolute
5th amendment -Correct Answer ✔the right to a grand jury, no double jeopardy, against
self-incrimination (right to remain silent), due process, and eminent domain
eminent domain -Correct Answer ✔"nor shall private property be taken for public use
without just compensation;" has a three part test
taking, public use, just compensation -Correct Answer ✔what is the three-part test to
determine if something is violating eminent domain?
holdouts -Correct Answer ✔people who refuse the offer to sell their property to the gov
and use eminent domain
freedom of speech -Correct Answer ✔1st amendment right that protects the voice of the
minority against the majority; does not protect against fighting words, incitement to riot,
obscenity, etc.; only protected by the government not private companies (like the nfl
banning kneeling for the national anthem)
commercial free speech -Correct Answer ✔came to light in the 1970s, protects
companies' free speech (often in advertising)
compelling commercial speech -Correct Answer ✔result of zauderer v ohio 1985;
companies must disclose certain information to prevent the deception of consumres
LEGL 2700 EPSTEIN TEST 1
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