Legal Analysis Flashcards

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1
Q

To fully understand what the law is, you must know whether the law referred to is (cl,sl)

A

Constitutional law

Statutory law

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2
Q

To fully understand what the law is, you must know whether the law referred to is (cl,al)

A

Case law

Administrative law

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3
Q

Laws have _

A

Pecking orders in hierarchies

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4
Q

Your constitutional rights can be restricted to some extent by _

A

State or local laws

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5
Q

No law in other fields can overturn

A

Constitutional law

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6
Q

Although there is a constitutional right to peaceful assembly, gov may _

A

Require you obtain a permit (even for public property)

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7
Q

You have the right to peacefully assemble but you may not be able to _

A

Assembly on rush hour (example)

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8
Q

Is there some _ that may be involved?

(Ask yourself for legal issue)

A

Constitutional provision

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9
Q

Is there a _ that may be controlling?

(Ask yourself for legal issue)

A

Statutory law

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10
Q

Is there any _ dealing with this issue

(Ask yourself for legal issue)

A

Case law

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11
Q

If there is case law dealing with issue, what _

A

Court can I find the source

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12
Q

If issue is one that involves provisions of the U.S. constitution, then _ (2)

A

Find case law from Supreme Court

Lower federal court

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13
Q

If looking for case that involves state statutory law _

A

Look at case law from highest court of your state

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14
Q

Are there any _ that may be applicable?

(Ask yourself for legal issue)

A

Administrative rules and regulations?

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