BCOR 3000 1st EditionExam # 1 Study Guide Lectures: 1 - 6Chapter 1 Overview, Key Terms and Definitions The law consists of enforceable rules which govern relationships among people and society.What is an enforceable rule?—rules that are meant to be followed or impose consequences for not following themExample: Is not paying your rent on the day that it is breaking the law?—yes because the consequences of not paying rent are in the terms of the landlord (late fees, fines, etc.) There are several different sources of law.—Know which is which and that they are in a hierarchy.Constitutions—highest “supreme” power; make treatiesStatutes—laws passed by the statesOrdinances—statutes passed by citiesRegulations—created by agencies; create more specific statuesPrivate Law—dealing with contractsCourt Cases—common law with precedent; used to interpret everything above when situations differ and need further discussion and investigation What are uniform laws?—laws recommended to be follow by all states but cannot be established nationwide by congress An example is with the drinking age. In order to get all states on board with the same drinking age a tax was proposed to be place on liquor making it more expensive. In orderto not have the tax, all states had to agree upon the same drinking age. This is called “bribery of law”—it is a way to ‘force the hand’ so to speak.Administrative Law—agencies are created to help with rules, orders and decisions These agencies can perform all three functions of the gov’t  Have been called “the unofficial 4th branch” Agency examples: FDA, IRS, Dept. of Homeland Security AgenciesIt will be important to know the key components related to Common Law:1. Precedent—a court decision that become the example for future cases of a similar manner2. Goal: for law to be common or the same in all courts3. Used where statutes do not apply or where a situation is too vagueQuestion of Law vs. Question of Fact—Yes, there is a difference.Law—the law itself and what it meansFact—what happened?; discussion of the facts from a certain perspective When deciding on the law vs. fact—only judges have a say on the questions of lawWhat are the three reasons for why Judges may not follow precedent?1. Times have change2. Substantial difference from precedent case3. Precedent was wrong Example of judge not following precedent was with Brown v. Board of Education becausethe judges declares that separate but equal was unconstitutional.2 types of law systems:1. Common Law: very few statues and court cases become precedent2. Civil Law: statutory codes and court decisions are not precedent2 different kinds of cases:1. Criminal Cases: Criminal cases are always associated with a government entity and have been brought about because of a “wrong” done to society. With criminal cases, it must be proved beyond reasonable doubt. Reasonable doubt is not quantifiable, but must be greater than 50% which can also be known as preponderance of evidence.2. Civil Cases: Civil cases are always associated with people, businesses or organizations that are not affiliated with the gov’t. In a civil case one must prove with preponderance of evidence (greater than 50%)Is it possible to be innocent of a crime but still held liable for it?—Yes. If the criminal burden of proof does not exceed reasonable doubt but is greater than 50 %, someone can be found only liable for a civil case. A great example is the OJ Simpson cases we discussed in class. He was found NOT Guilty of the criminal charges b/c the jury could not convict him guilt beyond reasonable doubt. But the jury did believe he was guilty at a civil level therefore reached the preponderance of evidence (50%).If there is a criminal case, should someone wait to bring a civil case?—yes. If criminal case verdict is guilty then that automatically makes them guilty at a civil case level If criminal case is over, defendant loose the right to plead the 5th The more criminal sentencing the more the moneyWait it out first—then take action.Chapter 2 Overview, Key Terms and DefinitionsFederalism—sharing of power between D.C. and the statesEnumerated Powers—lists out hoe the powers are to be dividedSeparations of Powers—gov’t is made up of 3 branchesChecks and Balances—the branches can limit the powers of the other branchesHow to decide if a case is a constitutional case? Is a gov’t affiliated group, business or organization involved?—Has to be a gov’t related facility to be brought as a constitutional case. Does the conduct justify the infringement?—If justified then dismissed. If not justified…becomes a case. How big is the infringement?—If minor infringement…usually ignored. If major infringement…becomes a case.Example: “In God We Trust”—minor infringement therefore dismissed.Example: Panera—Gun regulations in restaurants. Panera is not a government related facility therefore this cannot be a constitutional case.Commerce Clause The gov’t can only regulate commerce if it interferes with interstate commerce If there is a conflict with federal laws or a large enough burden the gov’t is allowed to step in Example Cases: Gibbons v. Ogden—if commerce is “substantially affected” then the federal gov’t has the right to regulate interstate commerce Law that can be made unconstitutional for interstate commerce is when:1. Big burden with high risk2. The benefit is not big enoughFreedom of Speech—only certain things are protected. Political—fully protected, but NO ABSOLUTES. Commercial (advertising)—limited protection; regulated but not prohibited Obscene—not protected; (“F” Word; pornography) Offensive—regulated but not enforced (racial slurs, political)Due Process—the right to a trail (20 days)Substantive Due Process—Equal Protection Clause—all people of all trials shall be treated similarly.When dealing with the equal protection clause…one must understand how scrutiny (how closely something is examined) is used and applied:1. Strict: race distinctions (lots of examination)2. Intermediate: age or gender3. Rational Basis: all other distinctions (less examination)Race distinctions are only okay if you have 1) tired everything else, 2) the problem is still there and 3) the problem is broader than necessary.Age/Gender distinctions—need a good reason for backing; statistics