Con Law Study guides, Class notes & Summaries

Con law Exam Questions with Correct Answers The definition of law - Answer-is a body of rules of conduct of binding legal force and effect, prescribed, recognized, and enforced by controlling authority. Consensus Theory - Answer-The consensus theory focuses on the social order being sustained by the shared norms, values, and beliefs of the people. Society maintains the status quo for its members. Also, if an individual goes against what is accepted and shared by the majority of individu...

Con law Study Guide Questions with Correct Answers Overview of the Constitution - Answer-The constitution provides the rules for making and changing the law Where there is a conflict between new law and the constitution, the constitution wins purpose - Answer-Create a national government Govern the relationship between federal and state governments Limit government power and protect personal rights key factors - Answer-Separation of powers limited/enumerated powers Checks and balance...

Con Law II Exam Questions with Correct Answers Content-Based Restrictions - Answer-Restricts speech based on what it communicates (and can further be either viewpoint-based or viewpoint-neutral Viewpoint-based restrictions are presumptively unconstitutional Test is STRICT SCRUTINY Content-Neutral Resrictions - Answer-Restricts speech w/out regard to the substance of what it communicates Test is INTERMEDIATE SCRUTINY *Most are Time/Place/Manner (TPM) restrictions **All T/P/M restricti...

Con Law 2024 Exam Questions with Correct Answer What are the 3 modes of constitutional interpretation? Which are non-originalist? - Answer-Originalism, living document, modalities. Define originalism. - Answer-How the Constitution would have been understood at the time it was written. Define living document and its issues. - Answer-Constitution changes according to advancing social, cultural, technological ideals. It's a manipulable constitution, and judges-rather than the people-will...

Con law Practice Exam Questions with Answers constitutionalism - Answer- System that prefers a high law to someone other from of domination/structure (i.e. the army that is dominant and physically controls you/ the thing, a title that is passed down from generation to generation, a monarchy) We, as the people, subscribe to it and ratify it Why do we subscribe to constitutionalism? - Answer- Prevents tyranny Promotes uniformity → equal application of the law to all people in all state...

Con Law Midterm Exam Questions with Correct Answers Textualism - Answer--Focuses on the plain meaning of the text of a legal document - Looks at how the terms would be understood by people at the time they were ratified -Does not typically regard intent of drafters, adopters, or ratifiers when deriving meaning Original meaning - Answer--Consider the meaning of the texts as understood by at least some segment of the of the population at the time of the founding -Constitution text had an ...

Con law Test Questions with Complete Solutions Justiciability - Answer-a case must be justiciable to be heard in federal court, which means there must be a case or controversy presented 4 elements for justifiability - Answer-1. standing 2. ripeness 3. mootness 4. political question doctrine- fed. cts will not adjudicate certain consittional issues that constitute political questions negative commerce clause - Answer-a state or local government may regulate intrastate commerce, as lon...

Con Law Exam Questions and Answers All Correct Writing a state constitution is an example of an implied power. a reserved power. a concurrent power. an expressed power. - Answer-a reserved power. According to Article I, Section 2 of the Constitution, each state representative must have been living in the United States for one's entire life. citizenship in one of the fifty American states. reached a minimum age of twenty-five years old. at least a four-year degree from an accredited...

Con law Exam Questions with Correct Answers The definition of law - Answer-is a body of rules of conduct of binding legal force and effect, prescribed, recognized, and enforced by controlling authority. Consensus Theory - Answer-The consensus theory focuses on the social order being sustained by the shared norms, values, and beliefs of the people. Society maintains the status quo for its members. Also, if an individual goes against what is accepted and shared by the majority of individu...

Con Law Practice Test Questions and Answers All Correct The Supreme Court issues an opinion in which it determines that the statute of limitations for securities fraud (which has heretofore been uncertain) is three years. As a result, lower federal courts dismiss all pending cases that had not been filed within the three-year limitations period. Congress thereafter passes a statute requiring federal courts to reinstate these cases. Is the statute constitutional? - Answer-No, the federal ...