Law: Chapter 1

Question 1

Constitution:

Answer 1

Written law that describes rights, power, and limitations of government and people

Question 2

Statute:

Answer 2

law written by national or state congress / legislature (Constitution –> Statute –> Regulation –> Case Law) FOUND IN CODES

Question 3

Ordinance:

Answer 3

law written by a local government such as a county or city (Constitution –> Statute –> Regulation –> Case Law)

Question 4

Regulation:

Answer 4

law written by a regulatory agency (Constitution –> Statute –> Regulation –> Case Law)

Question 5

Case Law: 18

Answer 5

decisions made by judges. Sometimes known as common law (from English law) (Constitution –> Statute –> Regulation –> Case Law) FOUND IN REPORTERS

Question 6

Plaintiff: 20

Answer 6

injured party seeking compensation

Question 7

Defendent: 20

Answer 7

aleged wrong doer

Question 8

Stare Decisis 20

Answer 8

requirement of common law for judges to be consistent in their decision making, judges are required to consider previous cases on the same subject called PRECEDENT.

Question 9

Precedent: 20

Answer 9

Earlier cases that are on the same subject as the one in question. Precedent cases are an important element of stare decisis

Question 10

Preemption 22

Answer 10

A doctrine based on the Supremacy Clause of the U.S. Constitution that holds that certain matters are of such a national, as opposed to local, character that federal laws preempt or take precedence over state laws. As such, a state may not pass a law inconsistent with the federal law.

Question 11

Supremecy Clause

Answer 11

22 “This Constitution and the Laws of the United States which shall be made in pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the constitution or Laws of any State to the Contrary notwithstanding.