The Law the Legal System Slides Exam 1 Flashcards
What are the sources of law?
- U.S. Constitution
- Legislatures
- Administrative Agencies
- Courts
Where can statutory laws come from?
- U.S. Congress (federal laws)
- State Constitutions
- State Legislatures (state laws)
- Political subdivisions (ordinances)
What are administrative agencies created for?
to administer a body of substantive law
What are the functions that administrative agencies can carry out?
- Legislative Function
* Judicial Function
How does administrative agencies carry out legislative functions?
- enact regulations
- interpret, define, and add details to statute
- can validate test of regulations if it’s within the scope of that agency’s authority
How does administrative agencies carry out judicial functions?
Render decisions pursuant to “hearings” resembling court proceedings
How are regulations published?
- Federal Register (Fed. Reg.)
- Code of Federal Regulations (CFR)
Federal Register
Daily publication of proposed and final regulations and notices
Code of Federal Regulations
Compilation of final regulations divided and indexed by subject matter
What is common law?
judicial opinions
What are judicial opinions?
- decision of the court
- enforceable as law
- binding on lower courts in the same jurisdiction (but in states, only applies to that state)
What does principles of interpretation of the law include?
- Determining legislative intent if possible
- Ordinary meaning of words
- Due process rights of the individual
What is the difference between criminal, civil, and administrative actions?
- Criminal: Government v. private party
- Civil: Private party v. private party
- Administrative: Agency v. private party
What are the courts in the federal court system?
- U.S. Supreme Court
- Court of Appeals
- District Courts
- Specialty Courts
U.S. Supreme Court
- Highest U.S. court
- Nine justices: lifetime appointment
- Original jurisdiction only in cases involving ambassadors, other public ministers, consuls, and when a state is a party.
Court of Appeals
- 12 judicial circuits and courts
- Primarily hear appeals
District Courts
Jurisdiction primarily based on whether there is a federal law or constitutional issue; diversity citizenship; or if a state or the U.S. is a party
What are the courts in the federal court system?
- State Supreme Court
- Intermediate Appellate Courts
- Trial courts
- Limited jurisdiction courts
- Very limited jurisdiction courts
Trial courts
- Often called county courts, superior courts, district courts, or circuit courts
- Nearly unlimited jurisdiction
Plaintiff
Person bringing the action
Defendant
Person action is brought against
standing
- must be proved by plaintiff
- prove that the challenged conduct has caused the plaintiff injury
- there must be a legally protectable interest
What are limitations for civil court?
there is a limited period of time in which a case can be filed
What are the types of pleadings?
- Summons
- Complaint
summons
Issued by court notifying defendant of suit and commanding defendant to file an answer
complaint
Contains all material facts of case and remedy requested
What is an answer?
admitting or denying allegations
What happens if you don’t file an answer?
default judgement
What is the discovery process?
Pre-trial process in which each side must give the other all facts, evidence, and names of witnesses upon which it will rely
What is a Deposition?
Out-of-court testimony by a witness under oath
In a civil court, how is the jury selected?
Voir dire examination: The questioning by each side of potential jurors
What is a jury’s role in a trial?
determine questions of fact
What is a judge’s role in a trial?
determine questions of law
What are expert witnesses?
Called when the factual subject matter is beyond the scope of jurors
How are witnesses called to court?
- subpoena
- failure to appear may result in contempt of court
Criminal Court Procedures
- defendant can be either indicted or arrested
- defendant must enter a plea at an arraignment
- parties may agree to a “plea bargain”
- Burden of proof is “beyond a reasonable doubt”
definition of law
Requirements for human conduct applying to all persons within their jurisdiction
Factors courts commonly apply in reaching decisions
– Fundamental notions of fairness
– Custom or history involved
– Command of a political entity
– Best balance between conflicting societal interests
What are the market failures?
– Public goods
– Externalities
– Natural monopolies
– Information asymmetry
Public Goods
Necessary and beneficial commodities that private entities will not supply because there is no incentive.
Externality
- When the production or consumption of a good affects someone who does not fully consent to the effect
- When the costs of the good are not fully incorporated in the price of the good
Monopoly
When the fixed costs of providing a good are high relative to the variable costs of producing the good.
Information Asymmetry
When the consumer is uninformed about the true value of a good
What are the limits of the law?
- De minimis violations
- Protecting individual freedoms while preventing harm to others
De novo
If substantial evidence lacking, court will conduct an entirely new trial.
Stare decisis
– Opinions are binding on lower courts in the same jurisdiction and serve as precedent.
– Reasons for deviating from precedent include factual distinctions and changing times or circumstances.
Which amendment gives state authority to regulate?
Tenth Amendment
T/F: State laws must bear a reasonable relationship to the public health, safety, and welfare.
T
