lesson 1 Flashcards
9 sources of law
- US Constitution
- federal statues (laws)
- federal administrative regulations
- federal case law
- state constitution
- state statues
- state administrative regulations
- state case law
- local ordinances
the US constitution
limits what the government can do, the rest is in the hands of the people
what is the significance of the constitution?
- establishes the structure of the federal government
- establishes the functions of that government
- the bill of rights and amendments establish rights of the citizenry
federal administrative regulations
not derived from a legislative body like congress or the government. they are simply rules prepared by agencies at the federal or state level
federal case law
law that is derived when a federal court has interpreted a statue/law/regulation
a court makes decisions based on _____ and follows _____
interpretation, precedent
many times, ________ conflict with one another
state sources of law
structure of the federal government
legislative branch makes the law
executive branch enforces the law
judicial branch interprets the law
structure of the federal government is defined in
the constitution
Article I - legislative branch
established with bicameral legislature, 435 house of representatives based on population, 100 senators (2 per state)
Article I describes
the process of passing a law. it must pass both bodies and be signed into law by a president
what can override a veto
2/3 vote in both houses
article II - executive branch
vests executive power with the president, VP, ambassadors, and other officials. the president can nominate members of the supreme court (senate must confirm)
executive branch also consists of
many federal agencies like the DoJ, FBI, etc. These members enforce the law
article III - judicial branch
vests power in one Supreme Court and such inferior courts as may be established by the legislature
article III also establishes
original jurisdiction and addresses types of cases that may be heard in the federal courts
bill of rights
first 10 amendments to the constitution
first amendment
freedom of speech, press, religion, assembly, protest
- was chosen to be first for a reason, we see speech as the most important right we can have
second amendment
well-regulated militia, right to keep and bear arms
- originally written to allow locals to protect themselves against the British army
what case famously established the right to keep and bear arms
District of Columbia v Heller in response to DC’s banning of handgun ownership
fourth amendment
prohibits illegal search and seizures without a warrant, warrants must be based on probable cause, warrant must particularly describe persons and property to be searched
fifth amendment
- indictments must be by a grand jury
- prohibition of double jeopardy
- prohibition against self-incrimination (don’t have to take the stand)
- due process clause (life liberty or property)
- prohibition against government taking without just compensation
sixth amendment
- right to a speedy, public, jury trial
- right to notice of charges
- right to confront accusers
- right to compulsory process (can force people to testify)
- right to counsel
eighth amendment
prohibition against excessive bail, prohibition against cruel and unusual punishment
