Bus Law: Constitutional / ADR / TORTS

True/False

1. Jake was a security guard at a private elementary school which had no connection with any part of the local, state, or federal government. Jake saw a student put something which looked like a controlled substance into the students locker. Suspicious, Jake took out his good-for-everything master key, and without any permission opened the locker and found an illegal drug in the locker. This evidence was turned over to the police. The DA charged the case and it was set for trial. At a hearing to suppress the drugs as evidence, the drugs will likely be ruled inadmissible based on a breach of procedural due process.

2. A law which limits a fundamental right will have less of a chance of being deemed Constitutional than will a law which limited a non-fundamental right.

3. The people who wrote the Constitution held a belief in natural law; that is, that there are rules which are not just made up, but which are consistent with nature and God. This belief is apparent in the founding documents; the Declaration of Independence, and the Constitution.

4. The government can do only that which is it allowed to do by the Constitution. The people can do anything which is not prohibited by a Constitutional law.

5. The government has almost complete power to make rules as to the operation of businesses through the Commerce Clause of the Constitution. The government has no such power over individuals through the Commerce Clause.

6. In order to decide a case, a court must have personal jurisdiction, geographical jurisdiction, as well as subject matter jurisdiction.

7. A case must have a cause of action; a claim that a specific legal wrong has been done, and the plaintiff(s) must have have standing in order to bring a successful lawsuit.

8. Jury nullification is the idea that a jury can be nullified (dismissed) if it does not bring in a coherent judgment clearly based on the facts of the case.

9. The rights of parties to ADR (mediation and arbitration) are protected by the Constitution just as the rights of parties to trials are protected by the Constitution.

10. Both the trial courts and the appellate courts must hear cases properly brought before them. This also applies to the state and federal supreme courts.