BUS-233: Exam 1

• substantive laws


  subject matter of laws
• adjective laws


  procedural laws that enforce how to go about other laws
• rights


  theoretically what people have the ability to do
• The Constitution


  a written document that sets forth the system of the government
• three-tiered system of government:

  (1) Legislative (Senate and House of Representatives)

  (2) Executive (President and their cabinet)

  (3) Judicial (the Supreme Court, the federal court system, and lower courts)
• Legislative Branch


  > 535 people in total

  > 435 representatives dictated by population size

  > 100 senators with two from each state that promulgate bills
• Executive Branch


  the President, governors, or any other head of government that passes bills and enforces laws
• Judicial Branch


  those who interpret and determine whether or not the bills passed by Congress and signed by the President are constitutional
• The United States is a...

  constitutional republic.
• In order to pass a bill: it must:

  (1) Start in the House of Representatives and pass by at least one vote

  (2) Travel to the Senate and generally pass by 60 votes

  (3) End with the President making a final decision to veto or pass it
• What is required to override a veto from the President?

  a 2/3 vote
• If there is a split decision, who decides?

  the Vice President (the President of the Senate)
• The Supreme Court


  > 9 justices

  > interprets laws according to the Constitution

  > only hear cases that pertain to issues related to the Constitution and laws passed by the federal government

  > highest court in the country
• All three parts of the federal government have their main headquarters in...

  Washington, D.C.
• The federal government has the two reserved powers of:

  (1) Declaring war

  (2) Printing money
• Supremacy Clause


  the clause that states that is is a federal preemption if states and federal government create a law addressing the same topic, the federal law supersedes the state law
• Commerce Clause


  the clause that gives the federal government authority to regulate and protect trade amongst the states and foreign nations
• Privileges and Immunities Clause

  the clause that prohibits states from writing protectionist types of laws (basically protects citizens from fighting one another and monitors interstate activity of citizens)
• Full Faith and Credit Clause


  the clause that states that a court decision rendered in a state court must be honored by every other state court in the country
• jurisdiction


  what court has authority over the subject matter and parties
• When was the Constitution ratified?

  1787
• A decision rendered by an upper level court...

  must be followed by all lower level courts.
• No fact tried by a jury...

  can be examined by another court.
• First Amendment


  Congress shall make no law respecting and establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
• Second Amendment


  A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
• Third Amendment


  No solider shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
• Fourth Amendment


  The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
• Fifth Amendment


  No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury...; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
• Sixth Amendment


  In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.
• Seventh Amendment


  In suits at common law, where the value in controversy shall exceed twenty dollars, the right of a trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
• Eighth Amendment


  Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
• Ninth Amendment


  The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
• Tenth Amendment


  The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
• Thirteenth Amendment


  Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
• Fourteenth Amendment


  No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of laws.
• Three levels of court:

  (1) Trial Court

  (2) Appellate Court

  (3) Supreme Court
• Trial Court

  > Federal District Court

  > hears cases involving the constitutionality of a federal law

  > hears cases involving a case based on diversity jurisdiction (involves different sides from different states)

  > only court where there are trials

  > all witnesses and evidence heard at the trial court level
• Appellate Court

  > Circuit Court of Appeals

  > includes state courts (ex. New Jersey Superior Court)

  > sees only the record from the trial court

  > procedural errors

  > evidence included or excluded

  > automatic right to file an appeal after a loss in trial court
• Supreme Court

  > United States Supreme Court

  > court of final review

  > pleading and writ of certiorari needed for certification

  > over 5,000 applications made per year

  > only hear between 100-125 cases per year

  > no automatic right to appeal in the United States Supreme Court
• Court system of New Jersey:

  (1) Superior Court (statewide trial court where trials occur and witnesses and evidence are presented)

  (2) Appellate Division (if it is a split decision it moves forward)

  (3) Supreme Court (writ of certiorari needed)