Lecture part 1 Flashcards
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
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)
- Approve (______)/Disapprove (Veto)
3._________policy- including commander in chief of all military
Enforce
regulations
Sign
Foreign policy
Legislative branch can write laws that fall under ___________ …actual day to day decisions all left to the executive branch
foreign policy
President in chief is commander of all military (ex: president could send more carriers over to Israel)
Administrative agencies: Legislative Function
Promulgate Regulations
Regulations interpret,define, and add detail to __________
statues
Regulations have the same authority as law. They can be enforced,fine and penalties, prison sentences
Regulations are coming from ____________ branch NOT the legislative branch
executive branch
Can FDA regulate about car exhaust? NO
(FDA has authority over drugs that’s in the law)
FDA has authority over drugs thats in the law
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
authority
statutory
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
hearings
De novo
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)
___________:compilation of final regulations divided and indexed by subject matter
CFR (Code of Federal Regulations)
Judicial Branch Functions
1)Adjudicate Issues
2)_______and Hear appeals
3)Create ___________
Allow
Common Law
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
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
Judicial branch hold hearings, have the right to 1 appeal if started out in court system
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.
U.S. Supreme Court
____________________ 12 judicial circuits and courts. Primarily hear appeals.
Court of appeals
________________– 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
District courts
___________-bankruptcy, tax, international,etc
Specialty courts
Law made by courts: common law
___________ refers to judicial opinions and was adopted from the English judicial system
common law
___________: Decisions of the court
Enforceable as law
Binding on lower courts in the same jurisdiction
Judicial opinions
___________
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
Stare decisis
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
intent
meaning
rights
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
Common law is superior to statutory law
