Test 1 Flashcards
- Constitution
- Statues, Codes, and Ordinances
- Administrative Laws and Regulations
- Common Law
Sources of Law in U.S.
- Supreme law of the land
- Establishes federal
The Constitution
Creates 3 branches of governments and grants certain powers to each branch
Body of Constitution
Protects individual rights
Amendments to the Constitution
- House of Representatives
- Senate
- Responsible for creation of new laws
- Generally responsible from where $ comes from and how it’s spent
Legislative Branch (Art I)
- Statues are enacted by Congress & state legislatures
- ordinances are enacted by local government
Statues and codified law
- President
- VP
- Cabinet members
- Enforces law
- executive orders
- treaties
Executive Branch (Art II)
“4th branch”
- created by legislative and executive branches of government
- given power to enforce law
Administrative Agencies
Answer DIRECTLY to the President (ex: IRS, ICE, FDA, CDC, PTO, OSHA, FBI, DEA)
Departmental Agencies
Do not answer to the executive branch (ex: CIA, EPA, FTC, FCC, SEC, SSA)
Independent Agencies
- includes Supreme Court
- Art III
Judicial Branch
Name Supreme Court Justices (president elects them) (Senate approves President)
- Justice Ginsburg (left)
- Justice Breyer (left)
- Kagan (left)
- Sotomayor (left)
- Kennedy (neutral)
- Chief Justice Roberts (right)
- Scalia (right)
- Thomas (right)
- Alito (right)
- Federal and state courts decide controversy over laws passed.
- These decisions carry the weight of law
- Law developed by judges
- principles announced in these cases become precedent
- lower courts must follow rules created by superior courts
- Federal and State courts must follow Supreme Court
Common Law
-English System of Law adopted as System of Jurisprudence
-American colonies adopted English system of Law
(Louisiana is the only state who doesn’t use common law –owned by France)
History of Common Law
The principle that precedent is binding on later cases “let the decision stand.”
Stare Decisis
- no one branch has too much power
ex: veto, calling law unconstitutional, treaties
Checks and Balances
Expressly allocated to Fed Government in body of Constitution
Enumerated
powers NOT expressed allocated to Fed Gov. are left to individual states
Federalism
“The power to regulate commerce with foreign nations, and among the several states and with Indian tribes.”
Commerce Clause
Business affecting more than one state
Interstate Commerce
Business affecting only one state
Intrastate Commerce
Protect individual liberties
Amendments
-Freedom of Speech, Religion, Press, Petition, Assembly
1st Amendment
- dangerous speech
- fighting words
- defamation
- some types of obscenity
Unprotected speech
Prohibits the government from either establishing a state religion or promoting one over another
Establishment Clause
Prohibits the government from interfering with the free exercise of religion in the U.S.
Free Exercise Clause
Right to keep/bare arms
2nd Amendment
Quartering of soldiers
3rd Amendment
Protects against unreasonable search and seizures
4th Amendment
- Due process clause (i. notice, ii. Fair hearing)
- Takings clause
- Eminent Domain (take property = $)
- Requires indictments (for crimes to be considered by Grand Jury)
- Double Jeopardy
5th Amendment
- Speedy trial
- trial by jury
- right to confront witnesses
- right to attorney
6th Amendment (criminal)
-right to trial by civil matter
7th Amendment (civil)
- no excessive bail
- no cruel and unusual punishment
8th Amendment
“federalist government” (gives power not expressly given to federal government)
10th Amendment
-Prohibits slavery and indentured servants
13th Amendment
-Equal protection clause
(race, gender, state of residence)
-due process clause (applies to state & local gov)
14th Amendment
-banned alcohol
18th Amendment
-gives women right to vote
19th Amendment (1919)
- Repeals 18th amendment
- alcohol is legal again
21st Amendment
-lowers the voting age from 21 to 18.
26th Amendment
two types of law
criminal and civil law
A law passed by Congress or by a state legislature.
Statute
Concerns behavior so threatening that society outlaws it altogether. (crime to embezzle money form an employer, to steal a car, and to sell cocaine)
Criminal law
Regulates the rights and duties between parties.
Civil law
The person who is suing.
Plaintiff
The person being sued.
Defendant
A court’s decision.
Holding
To declare the lower court’s ruling wrong and void.
Reverse
To send a case back down to a lower court.
Remand
To uphold a lower court’s ruling.
Affirm
The process of resolving disputes in court.
Litigation
Resolving disputes out of court, through formal or informal processes.
Alternative dispute resolution
A form of ADR in which a neutral third party guides the disputing parties toward a voluntary settlement.
Mediation
A form of ADR in which a neutral third party has the power to impose a BINDING decision.
Arbitration
Determine the facts and apply to them the law given by appellate courts.
Trial courts
A court’s power to hear a case.
Jurisdiction
Means that a court has the authority to hear a particular type of case.
Subject matter jurisdiction
Legal authority to require the defendant to stand trial, pay judgments, and the like.
Personal jurisdiction
Court’s written notice that a lawsuit has been filed against the defendant.
Summons
Statues claim jurisdiction over someone who does not live in a state but commits a tort, signs a contract, causes foreseeable harm, or conducts “regular business activities” there.
Long-arm statute
Higher courts which generally accept the facts provided by trial courts and review the record for legal errors.
Appellate courts
The party filing an appeal of a trial verdict.
Appellant
The party opposing an appeal.
Appellee
A lawsuit in which the plaintiff and defendant are citizens of different states AND the amount in dispute exceeds $75,000.
Diversity case
The documents that begin a lawsuit, consisting of a complaint, the answer, and sometimes a reply.
Pleadings
The pleading that starts a lawsuit, this is a short statement of the facts alleged by the plaintiff, and his or her legal claims.
Complaint
The defendant’s response to the complaint.
Answer
A decision that the plaintiff in a case wins without going to trial
Default judgment
