Chapter 1 Flashcards
What is the purpose of law and are they always ethical?
People can plan, provide protection to person and property, avoid chaos, rights, duties, privileges. Ethics do not mean legal, and constant competing factions.
Is constitutional law broad or general?
Constitutional law is broad.
What is statutory law and who makes them?
Statutory law is more specific and follows statutes which are made by federal and state, and is written by elected officials.
What are ordinances and what “umbrella” do they fall under?
Ordinances are city and county law and fall under statutory law.
What is administrative law and who writes it?
Administrative law is most specific and is procedural, substantive, and include federal, state, and local agencies. Written by appointed officials.
What is stare decisis and what’s it’s purpose?
Stare Decisis (common law) is judges follow precedents, they follow prior decisions. Makes law more stable and predictable, (helps planning, and reduces shocking changes).
When are new precedents set (which rarely happens)?
They are set when a judge encounters a case that has never happened before.
What is the “natural” school of thought?
Humans are entitled to certain fundamental rights.
What is the legal realist school of thought?
Each person has intrinsic biases that impact their decision making.
What is constitutional law?
Constitutional law is the highest law of the land, checks and balances, interpreted by supreme court in case law, defines legal rights and limitations of citizens and government.
What are the 3 origins of the law in order of power?
- Constitution 2. Statutory which includes statutes and ordinances 3. Administrative law which is procedural and substantive (rules and regulations).
What category of laws are criminal and what category are civil laws in?
Criminal laws are always statutory, civil law can be anything else.
What are the two types of law under administrative law?
Procedural law is law by which government agency decisions are made. Substantive law is more specific than statue and include federal agencies exact regulation.
What is common law?
Common law is made by judges/case law, interprets other forms of law, applies law from prior cases to cases before court.
What are the two aspects of stare decisis?
- follow precedents unless compelling reason to not to like a mistake or a change in society. 2. Higher authority binds lower courts, constitution, statutes, regulations, ordinances.
