Chapter 1 Flashcards
Four sources of Law
Consituational Law
Statutory Law
Case Law (Common)
Administrative Law
Constitutional Law
Fundamental Rights of people in US.
Empowers various branches of GOV.
Statutory LAw
Enacted by Congress or the legislature of a given state
UNIFORM CODES
Administrative Law
Rules regulations orders decisions
Case Law (Common)
Body of judicial choices that interpret and enforce the DIFFERENT LAWS and rule on DISPUTES!!!!!!! between the parties.
Stare Decisis
Precedent, sometimes the courts dont like to rule. (the authority afforeded to a prior judicial decision in decing subsequent disputes involving the same or similar facts)
Constitution is a…….
Living document
US is much shorter, Texas is longer.
Designed to be interpreted over time.
1st Amendment
2 different clauses
Religion
Established
Free exercise Clause
Supremecy Clause
Cannot violate US constitution
LAW OF LAND
Commerce Clause
congress has the power to regulate WITHIN THE STATE.
Government has NO RIGHT.
Essay TIP (commerce)
Federal Government INTERstate commerce
State INTRAstate commerce
BUT if they have an effect it’s okay.
Does not have to be that substantial.
Right to privacy? How?
9th Amendment
FOund it
Kinda in other amendments.
Civil Law
violating a contract
substantive Law
Shooting someone, go to jail
Merger
get money and restrainging order.
Article 1, seciton 8
allows congress to make laws, whatever is not in there is left to the state
INTERSTATE
TWO OR MORE STATES
INTRASTATE
ONE STATE
WHAT exactly is a substantial effect?
FERRY EXAMPLE
gibbons vs ogden
If it has a substantial effect on interstate commerce then it is up to the federal government to regulate.
Beer example…know that it is easier to
RESTRICT COMMERCIAL SPEECH
ESSAY TIp
Freedom of Speech
Easier to abridge commercial speech
Restriction on commercial speech is valid as long as the restriction:
-seeks to promote a substantial government interest
-directly advances that government interest
and finally….
goes no further than necessary to accomplish its objective
BAD FROG BEER
Protecting from children
Promotes over drinking
taking it off shelf
*you still can get a BFB in New York
