Sources of Law Flashcards
What are the sources of Law?
1. Constitutions 2, Statutes 3, Judicial Decisions 4. Private Law (Contracts) 5. Other (Treaties, Regulations, Administrative Rules, Executive Orders)
What is a statute and how are they created?
what is the definition of Stare Decisis? (Textbook)
True or False: Does everything has to agree with constitution or else it is going to be struck down?
True, because constitution wins right over the statute.
Does every law need to agree with the constitution?
Yes, because the constitution is the law.
True or False: Statute will win over Judicial decision; the Judicial decision will win over the contract.
What is Stare Decisis?
Stand by things decided.
How is the constitution organized?
The first three article is organized by the three branches of government.
In what order is the branches of government in the constitution?
- Legislative Branch
- Executive Branch
- Judicial Branch
What does Legislative Branch consist of?
Draft Laws, Confirm/Reject judges, heads of agencies, and the power to declare war.
Who are the members of the Legislative Branch?
Senate and House of Representatives.
How many representatives?
435
How long are the representatives elected for?
Unlimited 2 terms for 2 Years.
What are the critical required to be a representatives?
25 years old and citizens for seven years
How many Senators?
100
How long do Senators serve for?
unlimited six-year term
Requirement to be a senators?
age 25 and citizens for seven years
How long does the president serve?
a maximum of two terms four years each
How long does the vice president serve?
unlimited four-year terms
Which presidents have served more terms than the current number of allowed terms?
Franklin Delano Roosevelt
Who are the members if the executive branch?
President, vice president, cabinet, and federal agencies.
What is the executive branch function?
Carry out and enforcing Laws
who are the members of the Judicial Branch?
Supreme Court and Lower Courts
what is Judicial Branch function?
- Evaluate and Interpret Laws
- Apply Laws to Individual Cases
- Decide if Laws Violate the Constitution