Difference between Substantive and Procedural Law

Chapter 1:
1. Identify 8 purposes of Law: peacekeeping, personal freedom, planning and actualization of reasonable expectations- contracts, promote/protect competition to antitrust, social justice, environmental protection, system of order consistency and fairness, promotes good faith dealing among merchants and consumers
2. What is public policy? What is law? What is jurisprudence?
3. Identify 6 sources of American Law; How many articles are in the constitution? Ans: 7; How many amendments are in the constitution? Ans: 27
4. What isStare Decisis? Precedent? why it is so important in American law?
5. What 4 primary questions should be considered by the court when deciding whether an earlier decision should be overruled? (see t
ext for the list)
6. What is Equity in our legal system? What are 2 maxims of equity? What are 2 equitable remedies?
1.) Explain the difference between courts of law and courts of equity and determine which court applies to modern America.
A court of law is a court that bases it decisions strictly on existing laws and rules, while a court of equity, applied the rules of fairness when applications of technical rules resulted in an injustice.
2.) Billy and Bob walk into a Best Buy store and are each caught stealing an iPad. Billys parents are well known in the community and as a result the judge gives him 5 hours of community service. Bob on the other hand is known in the town for being a troublemaker and is sentence to a week in prison. Why is this considered unfair?
Under the doctrine ofstare decisis, similar cases with similar facts and issues should have the same judicial outcome. Because Billy and Bob were both in the same place at the same time stealing the same thing, the outcome of their trials should have been the same.
7. Identify 4 key public policy objectives in American law that seek to , commerce and for-profit corporations (promote economic growth, protect workers, promote consumer welfare, , resolve policy conflicts)
8. What is the difference between Civil vs. Criminal Law? Explain the difference between criminal laws and civil laws and give an example of each.
9. What is the difference between Substantive and Procedural Law?
10. What is the difference between Public and Private Law?
11. What form of government do we have in the U.S.? What are the three parts of government and what is the purpose of having these three parts?
12. List 10 rights US citizens have guaranteed to them under the US Constitution.
13. What is a Bill of Attainder? AnEx post factoclause?
14. Give 2 examples of the taxing and spending power of the Federal government.
Chapter 2:
1. What is judicial review? (Marbury v. Madison) What 3 standards does the Court apply when reviewing a government action for constitutional soundness? (rational basis category, intermediate-level scrutiny, or strict scrutiny) What is the difference in these levels of scrutiny?
2.What is Federalism? InMcCulloch v. Maryland, the Necessary and proper clause was discussed. What is the importance of this clause in the U.S. Constitution? (hint: this is the national bank case)
3. Explain the Supremacy Clause and Preemption within the context of settling conflicts between the federal government and the states. (City of Burbank –hint the airport case)
4.Commerce Clause: a complete essay answer will explain where Congress gets its power to regulate commerce (the commerce clause of the US constitution); will identify the 3 theories that explain how INTERstate commerce was expanded to include INTRAstate commerce using the 3 cases as examples,Jones

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