Chapter 1

Question 1

Four sources of Law

Answer 1

Consituational Law
Statutory Law
Case Law (Common)
Administrative Law

Question 2

Constitutional Law

Answer 2

Fundamental Rights of people in US.

Empowers various branches of GOV.

Question 3

Statutory LAw

Answer 3

Enacted by Congress or the legislature of a given state

UNIFORM CODES

Question 4

Administrative Law

Answer 4

Rules regulations orders decisions

Question 5

Case Law (Common)

Answer 5

Body of judicial choices that interpret and enforce the DIFFERENT LAWS and rule on DISPUTES!!!!!!! between the parties.

Question 6

Stare Decisis

Answer 6

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)

Question 7

Constitution is a…….

Answer 7

Living document
US is much shorter, Texas is longer.
Designed to be interpreted over time.

Question 8

1st Amendment

Answer 8

2 different clauses
Religion
Established
Free exercise Clause

Question 9

Supremecy Clause

Answer 9

Cannot violate US constitution

LAW OF LAND

Question 10

Commerce Clause

Answer 10

congress has the power to regulate WITHIN THE STATE.

Government has NO RIGHT.

Question 11

Essay TIP (commerce)

Answer 11

Federal Government INTERstate commerce
State INTRAstate commerce

BUT if they have an effect it’s okay.
Does not have to be that substantial.

Question 12

Right to privacy? How?

Answer 12

9th Amendment
FOund it
Kinda in other amendments.

Question 13

Civil Law

Answer 13

violating a contract

Question 14

substantive Law

Answer 14

Shooting someone, go to jail

Question 15

Merger

Answer 15

get money and restrainging order.

Question 16

Article 1, seciton 8

Answer 16

allows congress to make laws, whatever is not in there is left to the state

Question 17

INTERSTATE

Answer 17

TWO OR MORE STATES

Question 18

INTRASTATE

Answer 18

ONE STATE

Question 19

WHAT exactly is a substantial effect?

FERRY EXAMPLE
gibbons vs ogden

Answer 19

If it has a substantial effect on interstate commerce then it is up to the federal government to regulate.

Question 20

Beer example…know that it is easier to

Answer 20

RESTRICT COMMERCIAL SPEECH

Question 21

ESSAY TIp

Answer 21

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