Sources of Law Flashcards

1
Q

What are the sources of Law?

A
1.  Constitutions
2, Statutes
3, Judicial Decisions
4. Private Law (Contracts)
5. Other (Treaties, Regulations, Administrative Rules, Executive Orders)
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2
Q

What is a statute and how are they created?

A
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3
Q

what is the definition of Stare Decisis? (Textbook)

A
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4
Q

True or False: Does everything has to agree with constitution or else it is going to be struck down?

A

True, because constitution wins right over the statute.

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5
Q

Does every law need to agree with the constitution?

A

Yes, because the constitution is the law.

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6
Q

True or False: Statute will win over Judicial decision; the Judicial decision will win over the contract.

A
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7
Q

What is Stare Decisis?

A

Stand by things decided.

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8
Q

How is the constitution organized?

A

The first three article is organized by the three branches of government.

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9
Q

In what order is the branches of government in the constitution?

A
  1. Legislative Branch
  2. Executive Branch
  3. Judicial Branch
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10
Q

What does Legislative Branch consist of?

A

Draft Laws, Confirm/Reject judges, heads of agencies, and the power to declare war.

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11
Q

Who are the members of the Legislative Branch?

A

Senate and House of Representatives.

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12
Q

How many representatives?

A

435

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13
Q

How long are the representatives elected for?

A

Unlimited 2 terms for 2 Years.

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14
Q

What are the critical required to be a representatives?

A

25 years old and citizens for seven years

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15
Q

How many Senators?

A

100

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16
Q

How long do Senators serve for?

A

unlimited six-year term

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17
Q

Requirement to be a senators?

A

age 25 and citizens for seven years

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18
Q

How long does the president serve?

A

a maximum of two terms four years each

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19
Q

How long does the vice president serve?

A

unlimited four-year terms

20
Q

Which presidents have served more terms than the current number of allowed terms?

A

Franklin Delano Roosevelt

21
Q

Who are the members if the executive branch?

A

President, vice president, cabinet, and federal agencies.

22
Q

What is the executive branch function?

A

Carry out and enforcing Laws

23
Q

who are the members of the Judicial Branch?

A

Supreme Court and Lower Courts

24
Q

what is Judicial Branch function?

A
  1. Evaluate and Interpret Laws
  2. Apply Laws to Individual Cases
  3. Decide if Laws Violate the Constitution
25
Checks and Balances
26
Congress Can Veto (overridden) president by _______?
2/3
27
Which presidents have been impeached?
Andrew Johnson, Bill Clinton, Donald Trumo
28
Which presidents came close to impeachment?
Richard Nixon
29
Standard of impeachment – for what offenses may a president be impeached?
, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” Article II, Section 4
30
What are unitary?
31
What is confederation?
32
What is federalism?
33
state power consists of:
1. Takings/Eminent Domain 2. 3Own/Operate Businesses 3. Intrastate Commerce 4. Taxation (Intrastate) 5. Police Powers
34
Federal Power consist of?
``` Coin money Declare war Raise and maintain armed forces Establish a Post Office Levy taxes Make and enforce laws Borrow money Interstate Commerce ```
35
What is Federal Preemption?
36
What is Eminent Domain?
the right of a government or its agent to expropriate private property for public use, with payment of compensation.
37
What is the requirement for Supreme Court?
There is no requirement.
38
How long do supreme court serve?
Unlimited
39
What is the function of Supreme Court?
Opponent by the president
40
What are the requirement to be a president?
35 years old and a natural both citizen and 14 years of residential
41
What are the requirement to be a vice president?
35 years old and a natural both citizen and 14 years of residential
42
Supreme Court
9 in total, no requirement, and is appointed by the president and serve for life. No age limit.
43
Which presidents have served more terms than the current number allowed.
President Franklin Rossevelt for three terms
44
Checks and Balances (Textbook)
45
Interstate Commerce
Within the state
46
Intrastate Commerce
Outside the state
47
Dormant Commerce Clause
A State can't regulate the law. | For example: Tax on milk and 10% of coal purchased.