Quiz 1 Flashcards
Define Law
the rules of conduct or action prescribed is formally recognized as binding or enforced by a controlling authority
Legislative branch does what…
prescribes the law
Judicial branch does what…
binds the law
Executive branch does what…
enforces the law
The government does what…
controlling authority
Common law
judge made law, when legislature has not enacted a law
Precedent
the correct decision in court
Stare decisis
let the decision stand
Statutes
an act of legislature that declares, prescribes, or commands something a specific law
Sources of law
- U.S constitution
- Statutes enacted by congress
- Treaties, made by the president
what determines the order of importance for sources of law?
Article VI
Agencies put forth…
Rules, Regulations, Administrative adjudications
Executive order
minor stuff does not have to go back to congress, the president can just do it.
- come and go depending on president
- another source of law
National Government
Federal court decisions
-another source of law
Local government
the creation of the state
- not in the constitution
- made up from the state itself
Charter
(like a constitution) description of an organizations functions, by a county’s legislative or sovereign power
Types of Law
1. Common Law
(made by judges) fills gaps where there are no statutes. Judge made law, the legislature had not acted
Types of Law
2. Statutory Law
enacted by legislatures
Types of Law
3. Criminal
deals with conduct which is offensive to the people or society as a whole. The government represents the people
Types of Law
4. Civil Law
disputes concerning the rights and duties that exist between private persons or between citizens and government. One party believes the other violated. sues. (usually for money)
Types of Law
5. Equity
When someone goes to court seeking judicial relief, court order, the person wants someone to do something or to prevent someone from doing something. Time is a factor.
-NEVER seeking money
Types of Law
6. Private Law
relationships between persons
Types of Law
7. Public Law
government gets involved for the good of the people as a whole, or society
- not everyone may benefit directly
- all criminal law falls under public law
Types of Law
8. Administrative Law
rules, regulations, and administrative adjunctions put forth by various departments
Types of Law
9. Constitutional Law
Interpreting provisions in a constitution
Types of Law
10. International Law
- body of rules which controls conduct of nations in relation with each other (how they interact)
- Laws which determine for which nations courts a legal matter can be brought and which nations shall govern
- recongize whats a legitimate government
Types of Law
11. Military Law
applies to people serving in a nations armed forces in addition to civil and criminal law.
-uniform code of military justice
Types of Law
12. Martial Law
(temporary) when civil government can not handle a situation
- military controls the civilians
- president can declare when:
1. attack on U.S.
2. if there is a threat
3. if there is a domestic rebellion
Three examples of martial law
- civil war (rebellion)
- Hawaii during WWII, Pearl Harbor (under attack)
- War or 1812 (under attack)
Where to find the U.S. Constitution
U.S. Code
Where to find Statutes enacted by Congress
U.S. Code
Where to find Rules, Regulations, & Admin Adjunctions
Federal Register (end of the year put in Code of Federal Regulations)
Where to find Executive Orders
Federal Register (end of the year put in Code of Federal Regulations)
Where to find U.S. Supreme Court
U.S. Reports
Oder of citation
Case name, Volume, Publication, Page #, Year of decision
Publications Abbreviations: U.S. Reports
U.S.
Publications Abbreviations: Supreme Court Reporter
S.C.t
Publications Abbreviations: Lawyers Edition
L.Ed
Publications Abbreviations: 2d
second series (written directly after publication)
Publications Abbreviations: 3d
third series (ex: L.Ed3d)
Where to find Court of Appeals
Federal Reporter
Publications Abbreviations: Federal Reporter
F.
Publications Abbreviations: Federal Supplement
F.Supp.
Where to find U.S. District Courts
Federal Supplement
3 universal ways to change the law
- Amend a constitution
- court ruling
- Legislature enact a statute
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