Test #1 Study Guide by Collin Yabrough

Test #1 Study Guide by Collin Yabrough - Collin Yarbough...

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Collin Yarbough, LW270 Exam #1 Study Guide Law Study Guide 9-25-08 Sources of Law - Case law, statutory law, Constitution, orders, treaties; materials and processes out of which law is developed. Strict Scrutiny- Under Equal Protection clause, the classification must be necessary to promote a compelling state interest. Strict scrutiny is applied when a law or action prohibits some persons from exercising a fundamental right or classifies individuals based on a suspect trait (race, national origin, or citizenship status. For example, to prevent violence caused by racial gangs in prisons, corrections officials in Cal. Segregated prisoners for up to sixty days. USSC held that all racial classifications, because they are based on a suspect trait, must be analyzed under Strict Scrutiny. To pass Strict Scrutiny, must meet a compelling governmental interest, must be narrowly tailored, must be the least restrictive means in achieving that interest. Intermediate Scrutiny- Cases involving discrimination based on gender or legitimacy. Laws using these classifications must be substantially related to important government objectives . “Rational Basis Test”- A classification will be considered valid if there is any conceivable rational basis on which the classification might relate to a legitimate government interest. (Reducing traffic in a park by limiting the amount of vendors in the area.) Preemption- A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws. Defenses to Negligence- Assumption of Risk- When a plaintiff voluntarily enters into a risky situation, knowing the risk involved will not be allowed to recover. The requirements of the defense are 1.) Knowledge of the risk, 2.) Voluntary assumption of the risk. (skiing or parachuting activities) Superseding Cause- An unforeseeable cause. Example on page 151 of Derrick
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Test #1 Study Guide by Collin Yabrough - Collin Yarbough...

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