Varner

Criminal Justice 101 with Macak at Illinois State University

About this deck

By: John Restrepo
Created: 2011-12-07
Size: 60 flashcards
Views: 12

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Establishment Clause

The government cant establish a national religion or promote people to participate in a certain religion

Free Exercise Clause

The governemtn cant stop us from exercising our religion

Exclusionary Rule

Illegally seized evidence cant be used in the prosecutions case. illegally seized evidence CAN be used in the Grand Jury.

Substantive Due Process

The government cant pass laws that arbitrary or capricious, laws have to make sense and have a reason behind them.

Procedural Due Process

Whenever the goverment wants to take away someones life, liberty, or property must go through these steps.

Probable Cause

Degree of Certainty based on real-world evidence

NLRB

National Labor Relations Board, the government agency that oversees unfair labor practices, oversees union elections...also the place where you would file a grievance against your employer.

Fraud

Misrepresentation of a material fact mad with knowledge of the falsity of the statement with intent to cause another to act which then causes another to act to their detriment or injury

Strict Liability

Defendant is held liable regardless of their mental state

What does it mean to "pierce" the Corporate Veil?

Officers and B.O.D do bad things with others money, owners dont have much say in the management and management is using others money

What do we mean when we say that a corporation is a person under law?

A corporations Identity is seperate from that of its owners, a corporation is entitled to the same rights, responsibiities, and protections as a person.

Liabilities of different types of business Corporations?

Sole Proprietorship-Full Liability

Partnership- Full liability in a general partnership, limited liability in a limited partnership

Corporation- Limited Liability

Officers and Boards of Directiors of Corporations owe the corporation Fiduciary Duties..What are they?

DUTY OF CARE- Have to use the same standard of care in corporate matters as in own personal affairs

DUTY OF LOYALTY- avoiding conflicts of interest

Self-Dealing- When BOD member and officer makes a contract with a corporation,

Interlocking Directorates- on the BOD of more than one corporation..problem if 2 companies are competitors

Understanding Business Judgement Rule and why we have it?

As long as actions taken by management fall within the confines of the law, there is no breach of fiduciary duty, have to take risks in business as B.O.D and officers.

You should understand the importance of the Clayton Act of 1914 and its relation to Labor Unions

1st Major federal law to FAVOR labor, stated that unions are not inherently in restraint of trade

What are the 3 categories of Collective Bargaining Subjects?

MANDATORY-have to bargain about, have to include, wages, hours, terms and conditions of employment

ILLEGAL- Cant bargain about anything Illegal

PERMISSIVE- allowed to be bargained about but doesnt have to be

Two categories of Strikers and how are they treated differently?

ECONOMIC STRIKERS- Workers go on strike for economic reasons, cant be fired, employer can hire replacement workers...but their screwed pretty much

UNFAIR LABOR PRACTICE STRIKERS- can hire replacement workers, entitled to their job back when the strike is over

How was the Federal Government able to pass OSHA?

It was said that employees being injured and killed cost the country much money so unsafe workplace has a direct effect on commerce falling into the Commerce Clause of Congress

If there is an OSHA violation, what are the factors the government will look at in assessing a penalty?

GRAVITY-seriousness, is an injury likely to result?

EMPLOYER GOOD FAITH- was the employer trying to follow OSHA?

TOTALITY OF THE CIRCUMSTANCE- a larger corporationw ill be fined more than a smaller one; history of OSHA violations.

Good Faith

An obligation to participate actively in the basis for an agreement, dont have to reach an agreement but have to try.

Fiduciary

Legally enforced trusting relationship

what are different sets of corporate Powers?

Corporation can do what it says in its articles of Incorporation

Corporation can do what state law allows

Right to sue and be Sued, Enter into Contracts

Own Property

Implied Powers- can do anything necessary to carry out their powers

ULTRA VIRES ACT?

"beyond powers" doing something that falls outside the scopre of the corporations powers, ILLEGAL

What is disparate Treatment?

When an employment practice specifically deals with a Title VII category, very obvious discrimination.

Test for whether disparate treatment is illegal??

Plaintiff Must show they are member of protected class

Qualified For Job

State they suffered a negative employment consequence

What is a BFOQ..what are some categories?

Bona Fide Occupational Qualification

Authenticity, modesty, Refusal to deal..RACE IS NEVER A BFOQ

What is disparate IMPACT?

Ac action is not discriminatory on its face but has a discrimatory outcome.

Test for whether Disparate Impact is illegal?

Plaintiff must show that the defendants stated business necessity is a mere pretext of illegal discrimination

Understanding Ruling of UAW v Johnson Controls

Supreme cour ruling that SEX was not a BFOQ in this instance, doesnt matter what employments intentions are

What are 4 elements of a valid contract?

MUTUAL AGREEMENT

CONSIDERATION

LEGALITY OF OBJECT

CAPACITY OF PARTIES

What does term "intentional" mean as it applies to tort law?

Voluntary act committed with the CERTAINTY that harm will result

What are the 2 primary duties that landlords have with respect to their tenants?

Covenent of Quiet Enjoyment-Landlord must provide tenant with full possessory rights, cant interfecre with ownage of apt.

Implied Warranty of habitability- The premises must meet certain standards of livability, landlord responsible for repairs.

IDEA EXPRESSION DICHOTOMY?

Ideas are NOT copyrightable..Expressions OF ideas ARE copyrightable, ideas do not belong to anyone

Conciliation

"Final Judjement" attempt to resolve parties disputes. Differs from Arbitratioon bc conciliator has no legal authority. Differs from mediation bc concessions resolve dispute and no feelings involved.

Mediation

Hire a mediator as a neutral third party who offers suggestions before the deadlock, has no authority to IMPOSE suggestions, feelings are used

Arbitration

Bring your grievance before an arbitrator as someone who is a neutral third party ruling on a workplace dispute, AUTHORITY to impose suggestions.

Express Contract

Terms have been agreed upon by parties in advance (Written or Oral)

Implied Contract

Parties have not yet talked about the terms, but actions are indicating agreeance

Quasi Contract

Contract is inferred by the court for reasons of fairness

Two sets of tests used in analyzing Equal Protection Cases and when to use them?

Reasonable Basis Test and Strict Liability Test

Reasonable Basis Test

Did congress have a reasonable basis for makin classification?

Default Test...used most of the time.

Does laws purpose serve a legitimate state interest?

Strict Liability Test

Use if.....

the law in question involves a fundamental right(right in constitution)

the law in question involves a basic right (race, religion, sex)

Brown v Board of Education

Stated that schools are seperated but inherently unequal even if facilities are equal.

Outlawed De-jure by law segregation..Earl Warren

Plessy v Ferguson stand for? which case overturned it?

Stood for "SEPERATE BUT EQUAL" its ok to separate according to race as long as facilities are equal..BROWN V BOARD overturned it.

Civil Rights Act of 1866

Guaranteed Property and Contract Rights, REGARDLESS of Race..foundation of civil rights

If EEOC investigates charge of discrimnation and thinks there has been a Title VII violation, what do they do?

Attempt conciliation, if conciliation fails...they have

180 days to file a lawsuit....if 180 days expires..the Plaintiff can file lawsuit directly

Categories Protected by Title VII

Race, Color, Sex, Religion, and National Origin..Sex wasnt originally included..added to try to make bill fail

Negligence

An act for which you have control but are taking an unreasonable risk, breaching a duty of due care, or possibly causing injury

Fellow Servant Rule

If a worker is injured by a co-worker, the employer cant be held liable...this defense does NOT work today.

NLRA

National Labor Relations Act...also Wagner act passed in 1935..Obligated to treat each other with good faith and hontesy, willing to compromise

General Duty Clause (OHSA)

"each employer shall furnish employment and a place of employment free from recognizing hazards that can cause injury or death"

EEOC

Equal Opportunty Employment Commission

Established by Title VII and enforces it

Attempt Conciliation if they feel Title VII has been violated

Judicial Review

Gave Courts Final say in interpreting the constitution, decide if acts of government are constitutional or NOT.

Marbury v Madison 1801

Justice said they have the right of Judicial Review..granted themselves this power..contradicts enumerated powers..gained power over FED. government

Martin v Hunters Lessee 1804

Expanded the power of Judicial review to acts of STATE GOVERNMENT.

Types of Judicial Review

Strict Constructionist

Restraintist Approach

Judicial Activism

What is Adversarial Process..why is system based on it?

each side battling it out sayin that they are the side telling the TRUTH..point of case is to find TRUTH...not to decide who is guilty but to find TRUTH OF GUILTYNESS.

Wants EQUAL REPRESENTATION and EQUAL trial (6th amendment)

Legal Approach of Palsgraf v Long Island RailRoad..who wrote it?

Written by Benjamin Cardozo

In order for defendance to be held liable, injust must be FORESEEABLE.. Has to be sufficient connection between defedants action and plaintiffs injury

4 Questions in Universal Tort Analysis?

Is there a legally protected Interest?

Nature of defendants Conduct?

Sufficiently close connection between defendants action and Plaintiffs Injury?

Any defenses?

5 Protections granted by First Amendment?

Freedom of...

Speech

Religion

Press

Assmebly

Petition Government for Redress of Grievances

About this deck

By: John Restrepo
Created: 2011-12-07
Size: 60 flashcards
Views: 12

About StudyBlue

“I have used this website for three exams, and I see a huge difference in my test results.”
Naj