Chapter 1 Flashcards
How are laws created?
Laws are created through a process where legislators propose, debate, and vote on bills. Once approved by both chambers of Congress and signed by the President, the bill becomes law
The role of the constitution
serves as the supreme law of the land
The role of statutes
the foundation for legal systems
The first amendment
Protects freedom of speech, press, religion, assembly, and, petition
When was the first amendment ratified as part of the Bill of Rights?
1791
What are the five sources of American law?
- Constitutional law.
- Statutory law.
- Administrative law.
- Common law (case law)
- Equity law.
Constitutional law.
Determines government powers and limitations
The supreme law of the land
Ex. Marbury v. Madison (1803) established judicial review
Statutory law
Laws passed by legislative bodies (congress, state legislators)
Ex. copyright laws, shield laws protecting journalism.
Administrative law
Regulations made by government agencies
Ex. FC regulations on broadcasting, FTC rules on advertising.
Common law (case law)
Based on judicial decisions and precedents
Stare decisis (let the decision stand) applies
Equity law
Focuses on fairness, not just monetary damages
Ex. courts issuing injunctions to stop publications.
judicial review
Supreme Court has the authority to determine constitutionality of laws
Established by Marbury V Madison
Marbury V Madison
established the principle of judicial review, allowing courts to declare laws unconstitutional.
Amendment process
Proposal by 2/3 of Congress or state conventions
Ratification by 3/4 of state legislators or conventions
Civil law
Deals with disputes between individuals or entities
Ex. libel, divorce, copyright infringement.
Outcome: liable or not liable (monetary damages)
Criminal law
Deals with violations of laws enacted by government
Ex. theft, assault, fraud.
Outcome: guilty or guilty (punishment: fines, imprisonment)
Torts
Civil wrongs causing harm (ex. Defamation, invasion of privacy.)
Contracts
Legal agreements between parties
Plaintiff
Party bringing a lawsuit
Defendant
Party accused in a lawsuit or criminal case
Liability
Legal responsibility in a civil case
Stare decisis
Principle of following legal precident
How are laws structured?
structured into codes, statutes, and regulations to address specific issues.
