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Clemson LAW 3220 - law test one notes (1)

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- Under what clause does the federal government actions take precedence over actions of other governments Supremacy Clause- Katzenbach v. McClung is important because… interstate commerce,no interstate travelers and affects interstate commerce, the activity does exert a substantial economic effect on interstate commerce white black seats, civil rights CASE- Hughes v. Oklahoma is important because… interstate commerce- What was held in the Hughes v. Oklahoma case originally upheld the statute as constitutional to protect Oklahoma natural resources. Hughes appealed and the Supreme Court favored him. It is fine to protect wild life but could be effected in less discriminatory way by the state, minnows CASE- Who has the power to lay and collect taxes? Congress- What are used to raise revenue and/or deter/punish/encourage certain behavior: taxes- What is the 4th amendment? unreasonable search and seizure What isthe 5th amendment? self incrimination- True or false: self incrimination applies to people not to businesses true- The right of governments to condemn private property to public uses eminent domain- "Fair market value" is called just compensationNOTES- SBD kitchens v Jefferson- didn’t want to pay for kitchen, bad mouthed sbd courts gave sbd 25k and 166k, jeff appealed but held CASE- Edison comp v PSC of NY- nuclear info in billing, 3 part test, favored ny but appealed and favored Edison, can throw away CASE- Hudson gas v NY- cant promote electricity, held for ny but reversed, too extensive, 4 part test CASE- Horne v ag- taking grape crop w out compensation, 5th amend, fined but reversed for horne CASE- Labrayere v bohr farms- smell, cant bring common law against nuisance at farm (statue), held for bohr and comfirmed, count make a case for irrationality CASE- Taking- gov can take land for public use w just compensation- Regulatory taking- regulated lad so much that takes away all economic value - Discovery stage is also when you… find out information- The purpose of discovery is to… preserve evidence, limit element of surprise, encourage settlement- What are interrogatories? written questions- Barabin v. AstenJohnson Inc. important because… of expert witnesses and scientific process of how it relates to law. Judge made a huge error when not granting a Daubert hearing- What was held in the Barabin v. AstenJohnson Inc. case? the district erred and a new trial was provided CASE- What is a Daubert hearing? prove an expert is an expert by experience and education- The pretrial stage is also known as.... issue narrowing- "Genuine issue, material fact", either party may request is called… summary judgement- Either party or court may request is called… pretrial conference- What amendments give rights to a jury in certain cases? 6th and 7th- Trail stage is also called the...resolution stage- Plaintiff goes first during trail stage because of… burden of proof- Direct examination involves the… plaintiff and their attorney Crossexamination involves the… plaintiff and the defendant attorney- "Actually takes to make you whole" are what type of monetary damages? compensatory- "Worth a dollar" are what type of monetary damages? nominal- What type of remedies are decided by the judge? equitable- What type of equitable remedies are contractual situations? specificperformance- What type of equitable remedies is which the court orders you to do or not to do something? injunction- What are the 3 types of injunction? 1. Permanent 2. temporary--until final hearing 3. preliminary--when case actually starts- Naples v Keystone Building and Development Corp. is important because… monetary damages for property, trial court was in error because the trial court's award was illogical CASE- The value of what you lost is called… unreasonable economic waste (UEW)- The appellate stage is also called… the error resolution stage. This is when we fix what trial judge screwed up.- What are the two types of arguments before the court? written briefs and oral arguments- What are three types of decisions by the court? majority opinion, concurring opinions, and dissenting opinions- What are the 4 outcomes of the decisions? affirmed, modified, reversed and remanded- If there is no further appeal is available, judgment becomes… final- No other actions brought over the same facts res judicata- Court order from judge to person writ of execution- What is it called with the parties agree on a private judge arbitration Arbitrators decision is… binding and final- The arbitration agreement is less restricted and more relaxed- What is the least formal form of ADR? negotiation- Who makes suggestions, does not need to reach a resolution? mediator- Mediators suggestions are… not binding- Parties may go to trial after this ADR- What clause deals with interstate commerce? Commerce Clause- Any activity that affects supply and demand of a business interstatecommerce- What clause has the power to make all laws? Necessary and ProperClause- What are the three key functions of the legal system? influencing behavior, conflict behavior, social stability, and change - Law-collective rules or principles human behavior- Damages designed to punish; keep them from doing it again: punitive damages- Who creates statutory law? legislature- What does statutory law consist of? federal laws, state laws, and municipal laws- Who creates a statute? Congress- Who makes regulations? Agencies- Judiciary interprets laws- Common law- England, precedents- "looking back through precedents" or the use of this precedent is called… Stare Decisis- true or false: common law varies by state true- Davis v. Baugh Industrial Contractors, Inc. is an example of how… common law changes, CASE- Above reversed and remanded. the court rejected previous common law rules and accepted a more modern approach.- judiciary system? trial court > court of appeals > supreme court- What are the 3 classifications of law? 1) public/private 2) civil/criminal 3) substantive/procedural- What type of law is legal relationships between members of society and the government? public law- What type of law is legal relationships among members of society? private law- Civil- preponderance of evidence 50%- Criminal-beyond reasonable doubt 90-95%- what type of law defines legal rights and regulates behavior; including criminal, civil and common law? substantive- how substantive law is processed through the court or other systems and how it is to be

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