Module One: History, Sources of Law

Question 1

Case-base aka Common Law definition

Answer 1

Legislature creates broader principles but falls to judges to make case by case decisions that shape the law

Question 2

Who can create laws?

Answer 2

Legislature, judges, administrative agencies

Question 3

Substantive Law and Procedural Law definitions

Answer 3

Substantive Law: addresses merits of the disputes, who has the better argument, what legal rules will determine responsibility
Procedural Law: what court to go to, what state you can litigate in, how many witnesses to call out trial, rules of judge and jury, appeals process, etc.

Question 4

Stare Decisis

Answer 4

In common law a judge makes a judgement, stare decides says once a court decides something they will not return to that decision to overrule it

Question 5

Precedent

Answer 5

a court has decided one issue a particular way, we won’t overrule that decision (stare decisis) - suggests how to solve the next case, but may not match circumstances exactly

Question 6

U.S. Constitution’s function

Answer 6

framework for federal and state legal systems, outlining what government cannot do; determines what is Federal and what is State power; set Bill of Rights and other amendments limiting power

Question 7

3 branches of government and governing articles

Answer 7

Article 1: Legislative
Article 2: Executive
Article 3: Judiciary

Question 8

Judicial review definition and deciding case

Answer 8

Marbury V. Madison US Supreme Court determined they get to look at laws (established by executive, state or congress) and decide if it’s consummate with the Constitution

Question 9

Bill of Rights structure and intent and incorporation clause

Answer 9

first 10 amendments: secure individual liberty via the government; extends to all persons on US soil (except voting); incorporation: applies to state govt behavior as well

Question 10

Establishment versus free exercise clauses

Answer 10

Establishment: gov’t prohibited from establishing religion; free exercise: gov’t prohibited from limiting expressions of religion

Question 11

Federal Statutes definition and powers of Congress

Answer 11

Statutory law, established by the legislature; Federal power limited to regulated powers in Article One

Question 12

Article 1 Section 8 Commerce Clause

Answer 12

gives Congress power to regulate interstate commerce; now loosely interpreted and Congress can regulate an activity that has some sort of effect on interstate commerce

Question 13

Federalism definition

Answer 13

Powers given to Congress are governed by the Supremacy Clause, says the US Constitution, treaties, Constitutional laws, federal statutes override state laws

Question 14

Federal agencies

Answer 14

can adopt rules and make adjudicatory decisions with force of law

Question 15

Uniform Commercial Code

Answer 15

rules to govern sales and contractural relationships to operate across state line

Question 16

Uniform Laws defintion

Answer 16

laws proposed to create uniformity, proposed by group of lawyers/judges, doesn’t fall under Federal powers, suggested to each state to create uniformity

Question 17

Judicial Opinions definition

Answer 17

judges making case by case decisions/writing opinions that have the force of law that create precedence

Question 18

Bill of Rights intent

Answer 18

First 10 amendments, framed as a set of limitations on governmental power negative liberties what the government cannot do against you

Question 19

First Amendment

Answer 19

freedom of religion, speech (except incitement, defamation, intellectual property violations, using someone else’s material), press (gets leeway regarding falsehoods about public figures unless tremendously reckless)

Question 20

Content-based regulations versus content-neutral regulations

Answer 20

aka time/place/manner regulation - Content-based speech cannot be regulated (ex: which party is allowed to speak), but content-neutral regulation can be regulated (ex: government could rule when political rallies could be held)

Question 21

Fifth Amendment

Answer 21

Due process of law: takings clause (Federal government cannot take your property without providing just compensation), also applies to regulations which cause economic impact

Question 22

Fourteenth Amendment

Answer 22

states follow Bill of Rights.
Equal protection clause, after Civil War, courts give heightened scrutiny to any law that limits a fundamental right or employs suspect classification

Question 23

Marbury v. Madison (1803)

Answer 23

Marbury was entitled to his appointment, but the congressional statute granting the federal courts the power to compel Madison to deliver his appointment was unconstitutional correct