Test 1 Flashcards
List the various sources US receives it laws from?
Constitutions, Statutes & Treaties, Administrative Laws & Executive Orders, and Court Decisions/Legal Precedent
How does the Constitution shape laws? 4 pts
(1) Set forth the fundamental powers of government and
(2) identify individual rights.
(3) Is supreme over other forms of law.
(4) Under principles of judicial review, the U.S. Supreme has the ultimate authority to
interpret the U.S. Constitution. The highest courts in each state have the ultimate
authority to interpret state constitutions.
How do Statutes shape laws?
“Written law passed by a legislative body.”
Legislative power to enact statutes cannot exceed the authority granted by the
U.S. and state constitutions.
How do Administrative Regulations shape laws?
Administrative regulations are promulgated to implement, interpret, or prescribe law or policy but their power cannot exceed what is granted under a federal or state statute.
How do Executive Orders shape laws?
It’s an executive delcaration by the president or a governor which has the force of law, usually based on existing statutory powers but this power to issue an
executive order must derive directly from the Constitution or a legislative delegation of power from Congress.
Legal Hierarchy
Constitutions –> Statutes & Treaties –> Administrative Laws & Executive Orders –> Court Decisions/Legal Precedent (Sometimes court decisions can change Constitutional interpretations which is above Constitution on hierarchy)
Where does most criminal law come from?
Statues
Is most criminal law based on federal or state law?
Mostly state
How is criminal law viewed? 3 points
Referred to as “public law”
Punishment for wrongdoing against society
Prosecution by the state (as opposed to private individuals)
What is civil law often referred to as?
“private law”
what does civil law mostly deal with?
Primarily involves resolution of disputes between private parties
Where do most civil laws come from?
State
List 4 types of civil law
Tort Law, Contract Law, Property Law, and Family Law
What’s tort law? 4 pts
- “a civil wrong.”
- Usually involves injury to
person or property. - Involves various mental
states. - Overlaps with criminal
law.
What are Statutory Rights in Civil Law?
Private Right of Action: “When a private person (as opposed to the state) is legally
entitled to enforce rights established under a statute.”
What’s common law?
Precedent-setting court decisions issued by judges.
What’s Precedent?
A court decision that serves as authority for deciding a similar
question of law in a later case with similar facts.
what’s Stare Decisis
“let the decision stand” – synonymous with precedent.
What’s Matter of first impression?
A legal issue decided by a precedent-setting court
for the first time.
What are attributes of U.S. Common Law? 3 points
In the U.S. legal system, a considerable portion of law has been developed by
judges through court rulings, rather than through written statutes, regulations,
etc.
Courts interpret and apply other sources of law when deciding cases. These
interpretations of statutes, regulations, etc. become binding precedent for other
courts follow.
Legislative bodies can displace these court rulings by amending statutes
What’s the Basic Court Structure?
Supreme Courts, Appeals Courts, and Trial Courts
What are 4 attributes of the Supreme Court?
- Courts of Last Resort
- Appellate Jurisdiction
- Discretionary Jurisdiction
- Review the Law
