1. What is federalism? Define what federalism is and the key role it plays in dividing power between national and state governments. 2. What does the Tenth Amendment do? Discuss how the Tenth Amendment ensures that the states or people retain any power not granted to the federal government. 3. How does the Constitution divide up power between federal and state governments? Describe the enumeration of powers in the Constitution and how that gives shape to the system of federalism. 4. What are enumerated powers and where in the Constitution can they be found? Specifically describe powers granted to the…
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Checks and balances in the U.S. Constitution: This system of checks and balances prevents any one branch of government-executive, legislative, or judicial-from becoming too powerful. The three branches of government have powers to check the other branches of government, which prevents tyranny. How do the three branches of government check each other? Legislative branch (Congress) can check the executive by overriding vetoes, approving appointments, and impeaching the president. It can check the judiciary by confirming judges and altering the jurisdiction of the courts. Executive branch (President) can check the legislative branch by vetoing bills, calling special sessions of Congress, and…
1. What is Equal Protection Under the Law? Equal Protection Under the Law refers to a 14th Amendment principle in the U.S. Constitution, which requires that no state shall deny any person within its jurisdiction the equal protection of the laws. This, simply put, provides an equal opportunity for people to be treated by their government; that is, no particular person can be discriminated against. 2. Where is Equal Protection Found in the Constitution? Equal Protection is found in the 14th Amendment, Section 1 of the U.S. Constitution. It states: “No state shall. deny to any person within its jurisdiction…
What is a civil injunction? A civil injunction is an order issued by a court of law that orders a person to do or not to do something. What are the categories of civil injunctions? There are temporary, preliminary, and permanent injunctions under civil injunctions. What is the objective of a civil injunction? The primary purpose is to stop or prevent harm or further violations by compelling a party to take or refrain from certain actions. I should know how to ask for a civil injunction. Normally, an injunction is filed by way of petition to the court explaining why…
1. What is the basis of the claim? Is the claim related to personal injury, property damage, breach of contract, or another civil issue? Understanding the grounds for the claim is crucial to establishing the legal framework and approach. 2. Who is liable for the damages? Identify the liable party. This could be a person, a company, or an institution. Liability must be defined to ensure that the right defendant is pursued. 3. What damages can be claimed? This includes direct financial loss, medical expenses, pain and suffering, emotional distress, or loss of income. It’s important to determine what types…
1. What is civil litigation? Answer: Civil litigation is the process by which legal disputes between individuals, organizations, or both are resolved through the court system. It includes non-criminal matters such as contracts, property disputes, personal injury claims, and family law matters. 2. What is the difference between civil and criminal cases? Answer: Civil cases are those disputes between private parties where one is seeking some form of redress or compensation, whereas criminal cases are cases in which the state prosecutes an individual or entity for breaking the law. Civil cases are usually monetary in nature, while criminal cases often…
What is Civil Liability? Civil liability is a legal responsibility imposed on a person or entity in case they cause harm or damage to another person or their property, which brings about a legal obligation to compensate for the harm caused. What Are the Different Types of Civil Liability? There are various kinds of civil liability, such as tort liability, which is associated with personal injury or property damage; contract liability, which refers to the breaching of agreements; and strict liability, which does not require fault to be proven. What Is the Difference Between Criminal and Civil Liability? Criminal liability…