Notes, summaries, assignments, exams, and problems for Law

Foundational Principles of American Government

Understanding the core concepts that define the United States political system:

• Popular Sovereignty: The political power resides within the people.
• Limited Government: No government is all-powerful; it is restricted by law.
• Separation of Powers: A basic principle of the American system of government, dividing authority among three independent branches: legislative, executive, and judicial.
• Checks and Balances: A system where each branch of government can limit the powers of the other branches, ensuring no single branch becomes too dominant.
• Judicial Review: The power of the courts to declare laws passed by Congress or actions taken by the Executive Branch unconstitutional.
• Federalism: Power is divided

Defining the Modern State

We find it difficult to give a precise definition, but we think that we know the state when we see it; this is because we tend to feel that the state is always with us.

Max Weber's Definition of the State

According to Weber's definition, the state could not be defined in terms of its function or goals, but had rather to be understood in terms of distinctive means.

Essential Features of the State

The primary features of the state include:

• Taxation
• Legitimacy
• Public bureaucracy
• Constitutionality
• Permanent population
• Sovereignty

Sovereignty and Its Limitations

Regarding sovereignty, it is not that the sovereign may do whatever it wishes, because they are a final authority in the political community. Its limitations are manifest: every...

Federal Constitutions: Stability, Rights, Economy & Courts

Effects of Federal Constitutions

1. Social Stability and Federalism

Federalism can impact stability in divided societies.

Pros (PS):

• May support stability: federalism gives different groups (ethnic or regional) some power and a stake in the system.
• May serve as a kind of safety valve that releases pressure by accommodating diverse demands at the subnational level.

Cons (DS):

• May compromise stability: federalism can empower separatist or secessionist groups.
• Note: Independence movements are not all bad, but this may result in conflict, whether groups are right or wrong.

2. Protecting Democratic Rights

Federalism shapes democratic rights in important ways.

Pros (PS):

• Allows different regions of

Hispanic Americans

Largest minority, Identify with the Democratic Party, Longoria Affair: Felix Longoria was a Mex-American soldier that died during the WW2, Mrs. Longoria asked Tom Kennedy if the burial home can be used for Felix but was denied due to segregation. Dr. Hector Garcia, a Vet from WW2 and founder of American G.I., reached out to Senator Lyndon Johnson to secure the funeral for Felix at the Arlington National Cemetery  (news went nationwide) which lead to the turning point of Mexican American civil right movement due to Lyndon Johnson becoming President he was able to pass the Civil right Act and Voting Right Act.

American Indians

Begun to reassert their sovereignty and rights to self-government. Strained relations with state and...

Baseball’s free agent era was created by the Supreme Court’s ruling in the Curt Flood case.

Define the term monopoly: A market situation where one producer (or a group of producers acting in concert) controls the supply of a good or service, and where the entry of new producers is prevented or highly restricted.

Name the federal antitrust laws that have a substantial impact on sports: Competition law.

Name two of the exemptions from antitrust laws that have been used in the sports industry: Baseball's antitrust exemption and the broadcasting exemption in the Sports Broadcasting Act.

Provide an example of a sports league rule that has become the subject of antitrust litigation because of accusations that the rules are too restrictive: Professional

Grounds for Annulment of EU Acts

Under EU law, there are several grounds upon which an act can be challenged and annulled. These include:

• Lack of Competence

  This occurs when an institution does not possess the necessary power to act. It can manifest by exercising a power not conferred upon it, exercising a non-existent power, or encroaching on the powers of another institution.

  Case Example: In Germany v European Parliament and Council (Tobacco Advertising), a directive banning tobacco advertising was annulled because it was primarily a public health measure, a field where the EU had limited competence at the time.

• Infringement of an Essential Procedural Requirement

  EU law imposes essential procedural requirements as safeguards. A failure to follow

Mastering Conditionals, Wishes, and Advanced Vocabulary

Conditional Sentences and Hypothetical Situations

Conditional Structures Review

1. If you don't enjoy your work, it's not much fun going into the office every day.
2. I would go on holiday if I had the free time. (Second Conditional)
3. If you had invited him to the party, he would have come. (Third Conditional)
4. I will make paella tonight if you promise to eat it! (First Conditional)

Using Modals in Conditionals

5. We could live without cars if we had plenty of public transport. (live)
6. What should we do to make our country a better place to live in? (do)
7. You would have to study harder if you wanted to pass the exam. (study)
8. If you ask someone for directions, they might know which road you should take. (know)