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Business Law > Sources of Law > Flashcards

Sources of Law Flashcards

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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
Q

Checks and Balances

A
26
Q

Congress Can Veto (overridden) president by _______?

A

2/3

27
Q

Which presidents have been impeached?

A

Andrew Johnson, Bill Clinton, Donald Trumo

28
Q

Which presidents came close to impeachment?

A

Richard Nixon

29
Q

Standard of impeachment – for what offenses may a president be impeached?

A

, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” Article II, Section 4

30
Q

What are unitary?

A
31
Q

What is confederation?

A
32
Q

What is federalism?

A
33
Q

state power consists of:

A
  1. Takings/Eminent Domain
  2. 3Own/Operate Businesses
  3. Intrastate Commerce
  4. Taxation (Intrastate)
  5. Police Powers
34
Q

Federal Power consist of?

A 
Coin money
Declare war
Raise and maintain armed forces
Establish a Post Office
Levy taxes
Make and enforce laws
Borrow money
Interstate Commerce
35
Q

What is Federal Preemption?

A
36
Q

What is Eminent Domain?

A

the right of a government or its agent to expropriate private property for public use, with payment of compensation.

37
Q

What is the requirement for Supreme Court?

A

There is no requirement.

38
Q

How long do supreme court serve?

A

Unlimited

39
Q

What is the function of Supreme Court?

A

Opponent by the president

40
Q

What are the requirement to be a president?

A

35 years old and a natural both citizen and 14 years of residential

41
Q

What are the requirement to be a vice president?

A

35 years old and a natural both citizen and 14 years of residential

42
Q

Supreme Court

A

9 in total, no requirement, and is appointed by the president and serve for life. No age limit.

43
Q

Which presidents have served more terms than the current number allowed.

A

President Franklin Rossevelt for three terms

44
Q

Checks and Balances (Textbook)

A
45
Q

Interstate Commerce

A

Within the state

46
Q

Intrastate Commerce

A

Outside the state

47
Q

Dormant Commerce Clause

A

A State can’t regulate the law.

For example: Tax on milk and 10% of coal purchased.

Business Law (6 decks)

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