CH1 Flashcards
Modern definition of Law
- Law, in its generic sense, is a body of rules of action or conduct prescribed by the controlling authority and having binding legal force
- That which must be obeyed and followed by [members of a society] subject to sanctions or legal consequences is a law
Changes in law changes in acceptable behavior
Legal system provides a way for changes in “acceptable” behavior
Know what government gets powers that are not listed in the Federal Constitution
Powers are retained by states/left to the people
Know what happens when a law contradicts the Constitution
Declared unconstitutional, null and void, overturned
Know the three main branches of the government
Legislative, Judicial, Executive
Know what state constitutions do
Highest law of the land in that state
Know who creates statutory law
Legislatures
Know what judicial review is and what courts do with federal and state statutes
Judicial Review: An authority that the court kinda gave itself
Courts interpret what statutes mean and whether they are compiling with the Constitution or not
Know how many statutes get sent to the president each year to be signed into law
200-300
Know what a bi-cameral legislature is and why we use them
- Separation of the legislature (Split into two houses) (House of Representatives and Senate)
- Check on their legislative power
Know how an administrative agency is created
Created by legislation from Congress
Congress creates the agency and delegates power to it
To get a dispute resolved by a court, you must bring a case
To get a dispute resolved by a court, you must bring a case
Know what precedent means in case law
Courts will follow decisions that were previously made
To settle cases similar to past disputes, judges look for guidance by studying decisions from earlier recorded cases
Know what Stare Decisis mean
Follow precedent
To stand on decided cases
Know the advantages of the use of precedent in law for businesses
- Theres some predictability on how court cases will come out
- Allows for long term planning
Know why the Davis v. Baugh Industrial Contractors Court overturned its precedent
The common law was out moded (out dated) and should be abandoned
Know the reasons a court may ignore precedent according to the Tennessee Supreme Court
if precedent is Unconstitutional
Know what an executive order is
Under powers granted by the Constitution, or by Congress in legislation, an order by the president to establish or enforce a legal requirement
Be able to distinguish examples of public v. private law
Public Law: Government can enforce
Private Law: Contract Law
Criminal law punishes people who commit wrongs against the government/society
Criminal law punishes people who commit wrongs against the government/society
Federal Government
A government of limited powers
Supreme Law of the Land
Comes from the people
Why have two-part legislature?
Check on the power of Congress to make sure we wont have bad laws passed
Administrative agency
Delegation of legislative power to the executive branch
Case Law = Common Law
Courts review statutes to ensure they do not violate state and federal constitutions
Private Law
Contract Law
