The Legal System Flashcards
Constitution
Basic operating principles of Government
Statues
Written laws by legislature (elected officials)
Regulations
Operationally statues
Case Law
Interpret law that applies to a specific case
Senate
100 members, 2 from each state
House of Representatives
435 members, based on state population
Supreme Court
9 Justices, selected by president, approved by Senate
Legislative Branch
Creates statues. Create and amend laws. Congress (Senate & House). State Legislatures
Judicial Branch
Interpret Constitution and other law. Create Case / Common Law. Federal & State Courts
Executive Branch
Create Executive Orders, Agency Regulations. Enforce existing laws. President and Governmental agencies
Competitive Advantage
Safer Option, Risk Management
Judiciary
Neutral Finder of Fact (Judge or Jury)
Three Functions of United States Court System
Administer State and National Laws, Resolve disputed among parties, Interpret the legislative intent of a law in deciding a case
Common Law
Interpret and make the law in that: decisions in the cases before them become precedent for decisions in future cases
Stare Decises
Using precedents
Federal Courts
Violates Constitution or Federal Laws
State Courts
Cases citizens are most likely to be involved in (owing money, family disputes, traffic violations)
US Supreme Court
Highest Court
Appellate
US circuit court of appeals
Trial
US District Courst
Jurisdiction
Main difference between federal vs state courts. The kinds of cases a court is authorized to hear.
Precedent
Binding authority vs persuasive authority
Stare Decisis
Using precedents
Primary Sources
Constitution, statues, cases BINDING of from a case decision from a higher court
