1. What is the purpose of the bill of rights
The Bill of Rights restricts the powers and authority of the Federal government
and establishes many of the civil and political rights enjoyed in the United States,
including the right to due process of law and freedoms of speech, press, religion,
assembly, and petition. Although the Bill of Rights does not apply directly to the States,
the Supreme Court has held that the Fourteenth Amendment incorporates most of the
principal guarantees of the Bill of Rights, thus making them applicable to the States.
2. Are there courts of limited of jurisdiction
Federal courts have limited subject matter jurisdiction, as set forth in the U.S.
Constitution, Article III, Section 2. State courts have jurisdiction over all matters that the
Constitution or Congress has not given exclusively to the Federal courts or expressly
denied the State courts.
3. Can a store owner be liable for false imprisonment Yes
4. What is the most significant thing that has happened in the past century – administrative
law rules and regulation (prolific)
5. Does is matter if partially, undisclosed or disclosed – Yes
6. Law and justice and how do they interact
Law and justice represent separate and distinct concepts. Without law, however, there can
be no justice. Although justice has at least as many definitions as law does,
justice may be defined as fair, equitable, and impartial treatment of the competing
interests and desires of individuals and groups with due regard for the common good.
7. Can you do through an agent which you are allowed to do yourself
8. Contributory Negligence switched to comparative negligence
9. Public figure has to prove malice and negligence to win lawsuit
10. Criticism for administrative agencies- all three powers of government / make rules/
investigate/adjudicate
11. Administrative agencies have a lot of power
12. Give your power to someone else is called? Agent
13. Corporation is held accountable for crimes? Yes
14. Leading proponent of utilitarianism – Jeremy Bentham – assesses each separate act
according to whether it maximizes pleasure over pain
15. Defendant fails to respond to a summons- default judgement
16. Ethics comes from one main authority? No, a bunch of them
17. Who can say whatever you want, congress on the floor, husband and wife, judge on the
bench, witness on the stand… free from defamation. Absolute privilege from defamation-
congress on the floor/ judge on bench/ witnesses on stand/ husband and wife
18. How are Supreme Court justices confirmed
●The President usually will consult with Senators before announcing a nomination.
When the President nominates a candidate, the nomination is sent to the Senate
Judiciary Committee for consideration.
●The Senate Judiciary Committee holds a hearing on the nominee. The Committee
usually takes a month to collect and receive all necessary records, from the FBI
and other sources, about the nominee and for the nominee to be prepared for the
hearings.
●During the hearings, witnesses, both supporting and opposing the nomination,
present their views. Senators question the nominee on his or her qualifications,
judgment, and philosophy.
●The Judiciary Committee then votes on the nomination and sends its
recommendation (that it be confirmed, that it be rejected, or with no
recommendation) to the full Senate.
●The full Senate debates the nomination.
●The Senate rules used to allow unlimited debate (a practice known as
filibustering) and to end the debate, it required the votes of 3/5 of the Senate or 60
senators (known as the cloture vote). In April 2017, the Senate changed this rule
and lowered the required votes to 51 to end debate on Supreme Court nominations
