Pro Law

1. List the Primary Sources of American Law. (Hint: There are four).

The U.S. Constitution and the constitutions of various states. Statues, or laws, passed by congress and by state legislatures. Regulations created by administrative agencies. Case law.

2. Describe the concept of legal precedence. What are the benefits of legal precedence, stare decisis and our common law system?

Legal precedence can be described as a court decision that furnished an example or authority for deciding subsequent cases. Some benefits from legal precedence may include saving time, keeping order, and can avoid mistakes.

3. Define “remedy” and explain what types of remedies a plaintiff seeks “in equity” or “at law”.

Remedy is the means given to a party to enforce a right or to compensate for the violation of a right. In equity a plaintiff seeks to supply a remedy when no adequate remedy at law is available.

4. Briefly describe some differences between Criminal Law and Civil Law.

In criminal law defendents are prosecuted by public officials on the states behalf, not by their victims such as civil law.

5. Read the Family Winemakers of California v. Jenkins case summary on p.9. What law is at issue in this case? How does the Commerce Clause of the U.S. Constitution affect the outcome?

The law at issue in this case is the Massachusetts state law regulating wineries. This effects the commerce clause because it interferes with trade and commerce among states.

6. Why was the Bill of Rights created? Which rights are the most important to you?

The Bill of Rights was created to get the constitution ratified.

7. State the 3-part test or constitutional standard courts use to evaluate commercial speech to determine whether a government action is in violation of the 1st Amendment. (Hint: See p. 11).

(1) Seeks to implement a substantial government interest. (2) Directly advances that interest. (3) Goes no further...