Chapter 1 Flashcards
The American legal system five sources of law
Common Equity Statutory Constitutional (federal and state) Executive orders and administrative rules
Common law
Derive authority not from ? But from ?
What of the people ? Used by kings court as ?
Considered ?
What contributed to longevity
Beneficial because it built ? Which contributes to its
Stare decisis
Legislation/ community usage and customs Customs: foundations of law Judge made or discovered law Adaptability Consistency within the law/legitimacy Let decision stand
Activism vs. restraint of common law ?
??
Role of precedent
Following precedent is not always ?
Options concerning precedent:
Always proper way to proceed
Accept/follow
Modify/update: modification to have it correspond more accurately with circumstances or society
Distinguish: identify differences from current case if facts or issues are diff.
Overrule: declare prior decision was wrong and no longer law
When does overruling happen
Changes in factual knowledge or circumstances concerning case
Changes in social mores/ values
Changes in judges/ justices on the court
Equity law A.K.A What is difference from common law Equity was originally a ? And was developed Never ? Rulings instead come in form of Much less reliant on Most common remedy in civil lawsuits is Equity allows judges to issue orders that can be
Judge made Procedures and remedies Supplement to common law/ developed side by side with it Tried before a jury Judicial decrees Procedures Damages money Preventative or remedial (restraining order)
Statutory law Created by ? Deals with issues affecting Characteristic ? Criminal laws are all Passage of law does not signal ? As courts often have to be involved in determining? Statutory construction is the ?
Elective legislative bodies at local state and federal level
Large groups of people
Anticipatory
Statutory laws
End of it as courts have to determine exactly what law entails
Interpretation of particular statute
Arguing that statute violates first amendment
What two attacks ?
Facial: addressing problems with the wording
As-applied: addressing problems with actual application
Constitutional law
Constitutional provide the ?
Outline of ? Of the government
Guarantee
Changing constitution is extremely ?
Considered most important?
Amendments only passed with a ? Vote in the US house and senate
How many amendments are appended to the US constitution
-first ten are
State constitutions can give citizens ? But they cannot ?
Plan for the establishment and organizations of congress Duties responsibilities and powers Basic rights to the people Difficult Source of law in US 2/3 majority vote 27/ bill of rights Greater rights than provided by federal constitution/ but cannot take any away from federal
Void for vagueness doctrine: law unconstitutional of person of ?
What case ?
Overbreadth doctrine:
A law is overbroad if it does not aim only at problems with it ? But also sweeps within its ambit or scope other activities that
Reasonable and ordinary intelligence wouldn’t be able to tell from looking at terms what speech is allowed and what is not
Coates v. City of Cincinnati (1971)
Problems within allowable area of legitimate government control/ other activities that constitute and exercise of protected expression
Erznoznik v. Jacksonville
Executive orders and administrative
Orders issued by? And rules generated by the ?
Government executives all have the power to ? This power is defined by ?
An order from an executive that exceeds there power can be ?
Overstepping by a president would violate the ?
Laws that go beyond ?
Elected officers of government /administrative agencies of government at federal state and local levels
Issue rules of law
Constitution that establishes the office
Overturned by legislator or court
Separation of powers among legislative judicial and executive branches
Congress scope of knowledge
Media administrative agencies ? FCC created Created in ? Regulates ? How many members
FTC FCC 1934 Broadcasting and other telecommunications Five member
The judicial system
How many systems
52
Trial courts ? Finding First stop for all ? Considers What what and what
Fact Cases Juries Laws and facts Testimony evidence and witnesses
Appellate courts What reviewing ? Decides if law has Begins at ? And proceeds to No new
Law reviewing
Been applied correctly
Trial level and proceeds to appellate
Evidence is presented
