Chapter 1: legal heritage and the digital age Flashcards
Functions of law
- keep the peace
- shape moral standards
- promote social justice
- maintain status quo
- facilitate orderly change
- facilitate planning
- provide basis for compromise
- maximize individual freedom
Brown vs. Board of Education
ban on segregation in schools
Jurisprudence
the philosophy of science of law
Natural Law School
based on ground that people could distinguish between good and evil using reasoning
Moral Theory Law
basing law on morals and ethics
Historical School
Based on what society considers as acceptable and the traditions that it has carried out
Analytical School
Based on logic and statistics, carrying out laws that have significant explanation
Sociological School
using the past to avoid mistakes in the future
Command School
Based on laws and what is written (largely like law of Codes)
Critical Legal Studies School
Based on the idea that law should be suggestive rather than set in stone (judges should only make subjective decisions)
Law and Economics School
Based on the belief that law making should be determined by whatever benefits the economy
English Common Law
law of principle; every person must act reasonable all the time
Law Courts
developed in 1066 by William the Conquerer; a system where judges would determine how to administer the law
Chancery Courts
People were sent here to have merits of their cased looked at by the lord Chancellor
Merchant Courts
Established as a form of reinforcement to the laws of merchants to solve commercial disputes
Constitution
No country or state is required to have one but if they do it is the supreme law of the land; anything that conflicts is unenforceable
Legislative
Total members: 535
Congress consists of senate (100) and house of representatives (435)
power to make (enact) the law
Executive
power to enforce the law
Judicial
power to interpret and determine the validity of the law
State Constitution
usually formed after the government constitution but difference is that it has more details
Law of Codes
rulebook; straighforward
Statutes
written laws that establish certain courses of conduct that covered parties must adhere to
Federal Statutes
Regulate foreign and interstate commerce
Code books (codified law)
Contain and organize federal statutes by topic
How a Bill Becomes a Law
- intro of bill from US House of Reps or Senate
- bill is then sent to the committee which can either reject, report, not act, or send to subcommittee
- bill is sent into the full chamber where they debate on it and bill can receive a majority vote
- if bill receives enough votes it is sent to second chamber to approve bill then it is placed on presidents desk
- if president signs a bill, it will become; if a president takes no action for 10 days then bill automatically become law (otherwise president can veto but it could still pass with 2/3 vote from house and senate)
House of Representative
simple majority: 1/2 of all votes plus 1
Senate
super majority: one more vote than simple majority but up to one vote less than unanimous
Ordinances
law enacted by local government bodies (cities, counties, school districts)
Executive Orders
An order issued by a member of the executive brand of the government
Administrative Agencies
agencies that the legislative and executive branches are empowered to establish; created to regulate area and given money, mandate and a mission
Rules
Created by administrative agencies and are administrative rules and regulations
Doctrine of Stare Decisis
Latin for stand by the decision; a judge explains the legal reasoning used to decide the case
Precedent
A rule of law established in a court decision (lower courts must follow precedent established by higher courts)
Law
that which must be obeyed and followed by citizens, subject to sanctions or legal consequences; a body of rules of action or conduct prescribed by controlling authority and having binding legal force
