Lecture part 1

Question 1

Legislative process: State legislatures generally modeled after Congress

State legislative history is generally harder to determine because fewer written records of committee hearings and reports

Question 2

Executive Branch

A. ____________ laws
b.Legislate (____________)
c. Adjudicate (if you get in trouble with the IRS the first entity you going to go before to hear your case is an IRS hearing officer)

2. Approve (______)/Disapprove (Veto)

3._________policy- including commander in chief of all military

Answer 2

Enforce

regulations

Sign

Foreign policy

Question 3

Legislative branch can write laws that fall under ___________ …actual day to day decisions all left to the executive branch

Answer 3

foreign policy

Question 4

President in chief is commander of all military (ex: president could send more carriers over to Israel)

Question 5

Administrative agencies: Legislative Function

Promulgate Regulations
Regulations interpret,define, and add detail to __________

Answer 5

statues

Question 6

Regulations have the same authority as law. They can be enforced,fine and penalties, prison sentences

Question 7

Regulations are coming from ____________ branch NOT the legislative branch

Answer 7

executive branch

Question 8

Can FDA regulate about car exhaust? NO
(FDA has authority over drugs that’s in the law)

Question 9

FDA has authority over drugs thats in the law

Question 10

Regulations enacted via notice and comment rulemaking-How?

Validity tests of a regulation are
1)within the scope of the board’s _____________
2)based upon ________authority
3)Reasonable relationship to public health, safety, and or welfare

Answer 10

authority

statutory

Question 11

Administrative Agencies: Judicial Function

Render decisions pursuant “____________” resembling court proceedings

Decisions subject to judicial review

Court will review record to determine if decision was based upon substantial evidence

___________:If substantial evidence lacking, court will conduct an entirely new trial

Answer 11

hearings

De novo

Question 12

Federal Agencies’ Documents

Federal register: daily publication of proposed and final regulations and notices

Regulations published in federal register (Fed. Reg.) and Code of Federal Regulations (CFR)

Question 13

___________:compilation of final regulations divided and indexed by subject matter

Answer 13

CFR (Code of Federal Regulations)

Question 14

Judicial Branch Functions

1)Adjudicate Issues

2)_______and Hear appeals

3)Create ___________

Answer 14

Allow

Common Law

Question 15

The highest level is the US supreme court…you don’t get to appeal to that…you have to ask permission of US supreme court to hear your case

Question 16

Judicial branch creates common law through their opinion. Opinion of Supreme court overruled Roe v Wade. Roe v Wade was common law and not statutory law…its what emanates from their opinion…its not written out like statuary law

Question 17

Judicial branch hold hearings, have the right to 1 appeal if started out in court system

Question 18

The Judicial Process:
Federal Court System ______________
Highest U.S. court
Has 9 justices with lifetime appointments.
– Original jurisdiction only in cases involving ambassadors, other public ministers, consuls and when a state is a party.
– Other cases heard by writ of certiorari.

Answer 18

U.S. Supreme Court

Question 19

____________________ 12 judicial circuits and courts. Primarily hear appeals.

Answer 19

Court of appeals

Question 20

________________– 94 federal district courts

Jurisdiction primarily based upon whether there is a federal
law or constitutional issue; diversity of citizenship; or if a state or the U.S. is a party

Answer 20

District courts

Question 21

___________-bankruptcy, tax, international,etc

Answer 21

Specialty courts

Question 22

Law made by courts: common law

Question 23

___________ refers to judicial opinions and was adopted from the English judicial system

Answer 23

common law

Question 24

___________: Decisions of the court
Enforceable as law
Binding on lower courts in the same jurisdiction

Answer 24

Judicial opinions

Question 25

___________
Opinions are binding on lower courts in the same jurisdiction and serve as precedent

Reasons for deviating from precedent include
factual distinctions and changing times or circumstances

Answer 25

Stare decisis

Question 26

Relationship of Common Law to Statutory Law

Courts often must interpret the meaning and application of statutes

Principles of interpretation include:

Determining legislative __________ if possible

Ordinary __________ of words

Due process __________of the individual

Answer 26

intent

meaning

rights

Question 27

State Court System
State supreme court
Each state has one

Intermediate appellate courts
In more populated states
Trial courts: Nearly unlimited jurisdiction
– Often called county, superior, district or circuit
courts
Limited Jurisdiction Courts, i.e., Probate, family,
juvenile

Very limited jurisdiction courts, i.e., Traffic, small
claims

Question 28

Common law is superior to statutory law