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BLS 211:Notes:Day Two
BLS 211:Notes:Day Two
43
Business
Undergraduate 2
01/12/2016

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Term
What assignments are there for this week?
Definition
Read Chapters One and Four of The Legal Environment Today, 8th Edition.

Read Articles of the US Constitution

Read the First 10 Amendments of US Constitution

Read the 13th and 14th Amendments of the US Constitution
Term
What is Statutory Law?
Definition
A law that is written down. Legislation at congressional level, at state level, and ordinances at county and city level.
Term
What is Constitutional Law?
Definition
The ultimate end-all law written in the US Constitution that state laws can't break.
Term
What is Legal Preemption?
Definition
When state law and federal law conflict.
Term
What state has the longest constitution and no homerule?
Definition
Alabama
Term
What is Common Law?
Definition
A judge made law, it is highly factually based.
Term
What are examples of common law?
Definition
A Contract, Annual Summary Books, Stare Decisis, and Precedence etc.
Term
What is Home Rule in the United States?
Definition
An amendment to the state constitution grants cities, municipalities, and/or counties the ability to pass laws to govern themselves as they see fit.
Term
What is Federal Law?
Definition
Body of law created by the federal government of a country
Term
What is State Law?
Definition
Law of each separate U.S. state with their own state constitutions, state governments, and state courts.
Term
What is Stand Your Ground Law?
Definition
You can defend yourself from being killed using reasonable force, outside of your home, without running away as long as you have a reasonable fear of being killed.
Term
What is Self Defense Law?
Definition
The use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if the defender has reason to believe he/she/they is/are in danger.
Term
What is King of the Castle law?
Definition
If you are threatened in your own home you have the right to defend yourself.
Term
What are Annual Summary Books?
Definition
Books that come out each year that summarize common law
Term
What is Administrative Law?
Definition
Laws created by government agencies that are as strong as those created by a legislature.
Term
What is a Treaty?
Definition
It becomes a law once congress ratifies it.
Term
What is an example of a law the preempts the constitution?
Definition
Copyright Law
Term
What do people need to trust Common Law?
Definition
Common Law needs to be consistent.
Term
If you cannot italicize a foreign language word it must be what?
Definition
Underlined
Term
What is Legal Precedence?
Definition
A legal case establishing a principle or rule that a court or other judicial body adopts when deciding later cases with similar issues or facts based upon earlier trial results.
Term
What do the US Supreme Court do?
Definition
Decide whether something is constitutional, scrutiny, etc.
Term
What is Stare Decisis?
Definition
The legal principle of determining points in litigation according to precedent.
Term
What are the two levels of scrutiny?
Definition
Rational Basis Review
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Strict Scrutiny
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Intermediate Scrutiny
Term
How does a law pass Rational Basis Review?
Definition
If a law doesn't have a good reason to be passed then it won't be passed, otherwise it will.
Term
How does a law pass Strict Scrutiny?
Definition
To pass the legislature must have passed the law to further a "compelling governmental interest," and must have narrowly tailored the law to achieve that interest.
Term
What is Intermediate Scrutiny?
Definition
Scrutiny that falls between rational basis review and strict scrutiny.
Term
Rights enumerated by the constitution are not what?
Definition
Absolute, all rights have limits.
Term
Protected Speech does not allow someone to do what?
Definition
Threaten people, incite panic or fear, or discriminate against others.
Term
The constitution does not specifically and strictly protect what?
Definition
Expression
Term
Many rights are given up based on the what?
Definition
Specific Situation
Term
What is Due Process?
Definition
Legal requirement that the state must respect all legal rights that are owed to a person
Term
Private Entities can restrict the rights of their members but they cannot do what?
Definition
Discriminate against their members
Term
What is the FMLA?
Definition
Family Medical Leave Act
Term
You don't say free speech in BLS 211, you say what?
Definition
Protected Speech
Term
What are Exigent Circumstances?
Definition
Exceptions to the general requirement of a warrant under the Fourth Amendment searches and seizures.
Term
The government is almost never able to meet the conditions of what?
Definition
Strict Scrutiny
Term
The constitution doesn't include this specific word?
Definition
Privacy
Term
The Supreme Court mostly ignores what amendment?
Definition
The Ninth
Term
What are a few examples of Privacy Rights Cases?
Definition
Love v. Virginia
Interracial Marriage Case
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Roe v. Wade
Term
What does Roe v. Wade state?
Definition
A government entity cannot interfere in a relationship between a person and their physician.
Term
What did the Defense of Marriage Act do?
Definition
Defined Marriage based on federal interest and federal law.
Term
What are rights expressed in the constitution but not directly written?
Definition
Implied Rights
Term
Corporations cannot plea what amendment in court?
Definition
The fifth amendment
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