LEGL 2700 EPSTEIN TEST 1 Exam Study
Guide.
IRAC - answerwhat is the test to determine what a law is
issue, rule, analysis, conclusion - answerwhat does IRAC stand for
rule of law - answerlaws are generally and equally applied and requires solid, stable institutions (no
one is above the law)
p...
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 powers - 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 - 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 - 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 that regulates foreign and interstate commerce; fed gov holds the
power to regulate persons engaged in activities affecting interstate commerce
dormant commerce clause - answer✔not written in the constitution; restricts states from economically
discriminating against other states
contract clause - answer✔clause that states "no state shall... pass any... law impairing the obligation of
contracts"
bill of rights - answer✔first 10 amendments to the constitution; prohibitions on gov power that defines
citizens' personal freedoms; not absolute
5th amendment - answer✔the right to a grand jury, no double jeopardy, against self-incrimination (right
to remain silent), due process, and eminent domain
eminent domain - answer✔"nor shall private property be taken for public use without just
compensation;" has a three part test
taking, public use, just compensation - answer✔what is the three-part test to determine if something is
violating eminent domain?
holdouts - answer✔people who refuse the offer to sell their property to the gov and use eminent
domain
freedom of speech - 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 - answer✔came to light in the 1970s, protects companies' free speech (often in
advertising)
compelling commercial speech - answer✔result of zauderer v ohio 1985; companies must disclose
certain information to prevent the deception of consumres
freedom of press - answer✔1st amendment right; press is the only private business given explicit
constitutional protection
prior restraint - answer✔companies (specifically press) must be able to publish work before censorship
is permitted ("gotta let them say it")
defamation - answer✔falsehood that is injurious to the good name of a reputation of another
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