chapter 2 study guide Flashcards
article six of the constitution states that the constitution, laws, and treaties of the United States shall be supreme law of the land
Supremacy Clause
a bill must be introduced by a ______.
legislator
Laws should be written in _______ and ________ _______.
clear; understandable language
What is the difference between a bill and a statute?
A bill is a proposed law and a statute is a passed law.
If a person loses a trial in the Superior Court, they can appeal their conviction to an _______.
Appeals Court
Courts make law when _____
they decide legislative intent, interpret laws, or find the law unconstitutional.
These make rules and regulations that carry the weight of law
State and Federal agencies
New laws are made to either ______ or ______.
repeal older laws; simply change that law
laws passed by the State or Federal legislatures
statutes
Some of the laws that state legislatures write are:
criminal law, motor vehicle law, and civil law
laws made by local/city or county legislatures
ordinance
prevents a bill from being enacted into law
the veto power of the chief executive
when a law is not written clearly, judges will attempt to determine the _______.
legislative intent
when an appellate court issues a decision in a case and changes the interpretation of the law
precedent
when state and federal laws conflict, the courts will find the state law invalid based on ______.
the supremacy clause
Agencies are considered
hidden law makers, making rules and regulations that effect business and industry.
This has the power to pass statues binding on the people of every state.
Congresss
the supreme court can strike down a state law claiming that there was a constitutional right to die under the authority of ________.
the supremacy clause of the constitution
a law stating it is a criminal violation to loiter on the corner without a good reason is an example of _______.
an unclear law
a law stating it is a criminal violation to loiter on the corner without a good reason is an example of _______.
an unclear law
These 2 are the supreme law of the land:
Ratified treaties and the U.S. Constitution
a court made law
precedent
This takes general laws written by legislatures and develop rules and regulations to make the law more specific:
Agencies
All appeals courts can establish
precedents
For a treaty to be passed it must be:
signed by the president and ratified by 2/3 of the senators present
outlines those areas that Congress can write laws to
Article 1 on the Constitution
an agreement, or contract between countries
treaty
courts will not enforce
vague laws
Agencies will hold ______ before proposed regulations are passed.
public hearings
State laws are enforceable only in the state in which it was written
Jurisdiction of the Law
The government needs an _________ _________ to get a fugitive back from another country.
extradition treaty
Essay Question: Explain why a court would not enforce a law that was vague? Provide an example of such a law in your answer.
Law should be written in such a way that citizens know what behavior is expected of them. If a law is written so vaguely than an ordinary citizen would not be able to tell what actions are prohibited, in order to ensure fairness, courts will not enforce a vague or over broad law. Loitering laws are one example of laws that can be unconstitutionally vague.
