Source Law

Question 1

Statutory Law

Answer 1

written laws that criminalize certain actions and spell out penalties for violation.
Created by Congress. Can be changed by majority vote (must pass by 2/3 vote of House and Senate).

Question 2

Congress

Answer 2

made up of the House of Reps. and the Senate

Question 3

House of Representatives

Answer 3

435 members - (2 year terms) Each state is given a certain amount of representatives based on the population of the state (Population measured every ten years)

Question 4

Senate

Answer 4

100 members - (7 year terms) Each state has 2 senators, regardless of population

Question 5

Constitutional Amendment

Answer 5

A change to Statute Law by 2/3 vote by both House and Senate.

Question 6

Common Law

Answer 6

Judge-made law.
(In a common-law system, when an appellate court hears cases and writes opinions, rules of law are created, formed, and shaped).

Question 7

Civil Law

Answer 7

Judges don’t have power to to create law through interpretation (only the legislature can create laws)

Question 8

Appellate Court (Appeals Court)

Answer 8

Any court of law that is empowered to hear an appeal of a trial court.

Question 9

Appeal

Answer 9

Process in which cases are reviewed, parties request formal change to an official decision (process for error correction / process of clarifying and interpreting).

Question 10

“Stare Decisis”

Answer 10

“let the decision stand”

Question 11

Precedent / Stare Decisis

Answer 11

After a particular legal issue has been decided in a jurisdiction, there is a high probability that subsequent cases that present the same legal issue will use the same rule of law generated from already-decided cases regarding the same legal issue. Presidents may shift / change over time.

Question 12

Legal Reasoning

Answer 12

At its most basic form, legal reasoning involves first identifying the legal question, which is the issue in dispute. Then, the rule of law that applies to that issue is identified.

Question 13

Administrative Law

Answer 13

a branch of law that governs the creation and operation of administrative agencies (Congress grants powers to administrative agencies, the substantive rules that such agencies make, and the legal relationships between such agencies, other government bodies, and the public at large). both federal and state

Question 14

Administrative Agencies

Answer 14

created to protect a public interest rather than to vindicate private rights.

Question 15

“Rules or Regulations”

Answer 15

laws created by administrative agencies.

Question 16

Enabling Legislation

Answer 16

creation of administrative agencies which sets forth the agencies’ jurisdictional boundaries, rule-making procedures, and other information relating to agencies’ scopes of power.

Question 17

Adjucidation

Answer 17

the enforcement of a rule or regulation

Question 18

“Fourth Branch of Law”

Answer 18

federal agencies

Question 19

Antitrust Law

Answer 19

well-conceived and objectively enforced competition law

Question 20

FTC

Answer 20

The Federal Trade Commission has general jurisdiction over all business within interstate commerce to monitor and root out “unfair acts” and “deceptive practices.”

Question 21

SEC

Answer 21

The Securities and Exchange Commission oversees the issuance of corporate securities and other investments and monitors practices of the stock exchanges.

Question 22

Promulgating Regulations

Answer 22

(administrative law) rule making process that executive and independent agencies use to create rules.