Reference no: EM132296042

1. The existence of both a federal government and state governments is known as _________: A. B. C. D. E. 2. Every rule of law establishes correlating ______ and ________.

3. The rules made by mankind are known as the __________.

4. The philosophy of jurisprudence encompasses a belief that there is a law higher than positive law known as _____________ law.

5. An appellate court when reviewing a decision of a lower court may ____________ the decision of the lower court.

6. In the Federal court system, the states of Michigan, Kentucky, Ohio and Tennessee and are in the _____________ Circuit Federal Court of Appeals jurisdiction..

7. Every human right can be ______________ by law if necessary to protect the rights of others or of society as a whole.

8. The powers granted to Congress - the federal legislature - are found in _________ of the U. S. Constitutions and in subsequent amendments to the Constitution.

9. The U. S. Supreme Court has stated in many of its decisions that there is no 1st Amendment protection to certain speech which is _______ and thus government may censor such speech. 10. The U. S. Supreme Court has stated in many of its decisions in cases that government may reasonably regulate the ________/_______/ _________ in which speech is used. CASES

11. In Marbury v. Madison, the U. S. Supreme Court stated that “it is emphatically the province and the duty of the judicial department to say what the law is” and by this declaration the Supreme Court enlarged its power to allow all courts to have the power of __________ so as to determine the constitutionality of the conduct of all branches of government.

12. The power of the courts to determine the constitutionality of the conduct of all branches of government is illustrated in: .

13. The power of judicial review can be checked by ___________.

14. In Marbury v, Madison, the Supreme Court held that the Judiciary Act of 1789 allowing the Supreme Court to have original jurisdiction to issue such an order (writ of mandamus) was a(n)_______ increase of the power granted the Supreme Court in the U. S. Constitution.

15. In Marbury v. Madison. The Supreme Court stated that: “If, then, the Courts are to regard the Constitution, and the Constitution is ________ to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.”

16. Prior to enactment of the 1964 Civil Rights Act, private discrimination in hiring based on race, sex or creed by private employers was a violation of _______________.

17. Privately owned facilities that excluded or segregated African Americans and others on the basis of race are not subject to Constitutional restrictions. The reason that this is true is because the U. S. Constitution speaks only to:

18. The reason that the Heart of Atlanta Motel was never sued for violation of the equal protection clause of the 14th amendment to the U. S. Constitution because unfair practices by private entities (private people or private businesses) can only be controlled by _________.

19. In 1964, Congress passed the Civil Rights Act which is a Federal ________.

20. The Civil Rights Act functions to prohibit private facilities from unfair discrimination based on race in the same way as the _______ prohibits government from unfair discrimination based on race.

21. The Heart of Atlanta Motel sued the United States arguing that Congress had exceeded its power by enacting the Civil Rights Act law and that the law violated the _________ and __________ amendments to the U. S. Constitution.

22. The rule of law relied on by the United States in the Heart of Atlanta case was the Congressional power to regulate __________ as granted in ___________ of the U. S. Constitution.

23. In the Heart of Atlanta case, the U. S. Supreme Court stated: “,,,under the commerce clause, the power of Congress to promote interstate commerce also includes the power to regulate the local incidents thereof, including local activities” when such local activities have a(n) _________ on interstate commerce.

24. In Granholm v. Heald, the rules relied on by Michigan were the ____ and the ________.

25. In Granholm v. Heald, the rule of law relied on by the out-of-state wineries when they challenged the state law was ____________.

26. In Granholm v. Heald, out of state wineries argued that the Michigan statute violated the dormant ___ powers of Congress because the statute interfered with __(Same term both blanks) 27. In Granholm v. Heald, the state argued that the laws were enacted to protect _____.

28. In Granholm v. Heald , the Court said such laws deprive citizens access to markets of other states on ___________.

29. In Granholm v. Heald, U. S. Supreme Court held that section 2 of the XXI Amendment restored state powers held prior to prohibition…but did not give power “to pass non- __________ laws to discriminate against out-of-state goods, or allow states discriminatory preference for their own producers and did not supersede provisions of the Constitution.”

30. In Skinner v. Oklahoma, the complaint was that the state statute violated ________ and _________ as guaranteed in the 14th Amendment to the U. S. Constitution.

31. In Skinner v. Oklahoma, the State attorney argued that Skinner was provided with __________ as he was given notice and an opportunity to be heard.

32. In Skinner v. Oklahoma, one U. S. Supreme Court Justice said that the hearing provided to Skinner was not fair as because “”…the most elementary notions of due process would seem to require (the state) to take appropriate steps to safeguard the liberty of the individual by affording him, before he is condemned to an irreparable injury to his person, some _________ to show that he is without such inheritable tendencies.”

33. In Skinner v. Oklahoma, the court was asked to balance the _________ being affected against the ___________ to be achieved.

34. In Skinner v. Oklahoma, the court decided that the Oklahoma statute unfairly ___________ in its application thereby violating the ________ of the U.S. Constitution.

35. In Skinner v. Oklahoma, the state of Oklahoma was unsuccessful in supporting the statute as a proper exercise of state ________ because no scientific research existed regarding the inheritability of criminal traits.

36. In Bad Frog v. NYSLA, a New York state _________ created a state _________ and delegated power to regulate the sale and advertising of liquor within the state.

37. In Bad Frog v. NYSLA, before the rule regarding advertisements was passed, the public had to first be given _________ and __________ regarding the proposed rule.

38. In Bad Frog, the rule of law relied on by Bad Frog was the _________.

39. In Bad Frog, the rule of law relied on by the NYSLA was the _________.

40. In Larsen v. General Motors, GM argued that since the common law had never established that a manufacturer owed a legal duty of care to make a product safe for an unintended use, then there could be no claim for __________ regarding the design of the product.

41. In Larsen v. General Motors, both parties relied on _________ regarding the legal establishment of a legal duty of care.

42. In Larsen v. General Motors, the 8th Circuit Federal Court of Appeals relied on many older cases known as __________ and applied the principle of ________.

43. In Larsen v. General Motors, the decision of the court that all manufacturers owe a legal duty of care to design product to be safe for foreseeable yet unintended uses, that court decision became :

44. In LaRue v. National, there was no question that defendant owed a legal duty of care regarding the safe design of the product because the design of the product could have resulted in injury in its:

45. In LaRue v. National, the defendant Eureka successfully argued that the amount awarded should be lessened because the injured child was: STORY PROBLEMS

46. Tesla Motors is prohibited by a Michigan Statute from direct sales of its cars without selling them through a franchised dealer. Tesla challenges this state statute on the basis that it violates: 47. The state defends the state statute requiring that the sale of cars must be through a Michigan franchised dealer, on the basis that the statute is a proper use of the state:

48. The National Highway Safety Commission (a Federal administrative agency)enacted a rule that all semi-truck drivers on the roads would be subjected to random searches and testing for drug use. The drivers challenged the rule on the basis that the rule interfered with:

49. In the above case (#48) the truck drivers argued that the Administrative Rule violated the Right against warrantless searches and the Rights to Privacy as Protected by:

50. The National Highway Safety Commission would need to convince a court that there existed a(n) _________ for the rule: