Short Answer Assignment

Week 1-

Name the three branches of the federal government and describe the purpose of each branch. Describe in your own words how the checks and balances of our governmental system work. What is the difference between statutory law and common law? What is a tort? The burden of proof in the trial courts: a. What is the name of the burden of proof that applies to most civil lawsuits?

b. What is the definition of this burden of proof?

c. Why was this burden of proof chosen for civil cases?

d. What is the name of the burden of proof that applies to criminal lawsuits?

e. What is the definition of this burden of proof?

f. Why was this burden of proof chosen for criminal cases?

g. What is "clear and convincing evidence"?

h. When is it required?

To which branch of government do Administrative Agencies report? How does absolute immunity differ from qualified immunity? Think of a legal dispute or legal problem that interests you. Identify the participants in the dispute and for each participant, name the primary "interests" of each participant. Also, name the general interests of the public.

Week 2-

Based on Readings and Lectures on the Constitution and Standards of Review

1. What is a Standard of Review and who uses it?

2. What is the definition of the Rational Relationship Standard?

3. Regarding the Constitution, what kind of Constitutional rights does the Rational Relationship Standard refer to?

4. What is the definition of the Strict Scrutiny Standard?

5. Regarding the Constitution, what kind of Constitutional rights does the Scrutiny Standard refer to?

Week 3-

What are the two main components of Procedural Due Process? The next three (3) questions will give you some practice in the Constitutional Analysis methodology. This is important because we will use this methodology throughout the rest of the semester.

Maine now requires recipients of SNAP (formerly food stamps) to disclose any property worth over $5,000 or risk losing these benefits. Use the Constitutional analysis model to determine whether the State of Maine can require such disclosures. Citizen Y, who receives SNAP benefits, received a new snowmobile from her father last year for Christmas. Her father gave her the machine to use with her two teenage boys, both of whom enjoy snowmobiling. This machine is worth approximately $8,000. Recently, Citizen Y filled out the required paperwork to update her eligibility for SNAP benefits and disclosed the ownership of the snowmobile. The State of Maine then suspended her SNAP benefits and scheduled a hearing 30 days after the termination of her benefits. A. What information should be included in the notice of suspension?

B. What rights should Citizen Y have at the hearing?