The US Legal System

Question 1

AMB 5000 CH1

What year did Columbus sail the Ocean Blue which lead to the exploration and settlement of the Americas by European power?

Answer 1

1492

Question 2

AMB 5000 CH1

Between 1754 - 1773, describe what were the important highlights of events that occurred.

Answer 2

1. ) French & Indian War (France vs. Great Britain)
2. ) Britain Wins - incurres alot of debt because of the war
3. )There is political discontent between Great Britain and her colonies due to:
   
   • Taxation
   • Housing of British Army in privatehomes
   • The suspension of rights
   • And the issuance of writs of assistance to the British Customs Officers.
4. ) The Tea Act least to the 1773 Boston Tea Party

Question 3

AMB 5000 CH1

During 1774, describe what were the important highlights of events that occurred.

Answer 3

1. ) British Parliament passes the “Intolerable Acts” & “Coercive Acts” which embargoes the port of Boston.
2. ) Massachusetts is under military rule.
3. ) The “Quebec Act” establishes a centralized government in Canada controlled by Great Britain and extends the southern boundary of Canada into what is now part of the U.S.

Question 4

AMB 5000 CH1

Between 1774 - 1776, describe what were the important highlights of events that occurred.

Answer 4

1. ) Turmoil and political struggle between the King of Great Britain and the colonies.
2. ) First Continental Congress declares opposition to the “Coercive Acts”, and begins a boycott on all imports from & exports to Great Britain.
3. ) Great Britain declares the Americans to be in open rebellion.

Question 5

AMB 5000 CH1

During 1776, describe the important events that occurred.

Answer 5

1. ) In June Congress appoints a committee to draft a declaration & the draft was presented to Congress.
2. ) On July 4th Congress endorses the “Declaration of Independence” which is signed by the president on August 2nd.

Question 6

AMB 5000 CH1

What are the founding principles of the Declaration of Independence?

Answer 6

1. ) Create a Government of limited powers
2. ) The belief that all people have “certain Unalienable Rights”

Question 7

AMB 5000 CH1

What happened on Nov. 15th, 1777?

Answer 7

Congress adopts the “Articles of Confederation” in an attempt to establish international legitimacy for the US Congress, direct the Revolutionary War, diplomatically work with Europe, and to handle other concerns in the United States as a Federal Government. These Articles acted as the first form of a make-shift Constitution.

Question 8

AMB 5000 CH1

During 1783, describe the important events that occurred.

Answer 8

1. ) Feb. 4th: Great Britain officially declares an end to hostilities in America.
2. ) Apr. 11th: Congress declares the end of the Revolutionary War.
3. ) These actions are followed by unrest & monetary problems in the U.S.

Question 9

AMB 5000 CH1

What was so important about the year 1789?

Answer 9

The Articles of Confederation were abandoned due to being too flawed, and Congress replaced them with the US Constitution, embodying a new form of national government with a systems of checks and balances, as well as a separation of powers.

Question 10

AMB 5000 CH1

In 1789, when Congress adopted the Check & Balance style of government, what were the key points of this reform?

Answer 10

1. ) Government power limited by design.
2. ) Written constitution defines limited powers for government.
3. ) Federalism: national government shares power with the states
4. ) Three Branches of National Government:
   
   • Legislative
   • Executive
   • Judicial

Question 11

AMB 5000 CH1

When was the Bill of Rights ratified and describe what the concept of the Bill was.

Answer 11

1. ) 1791
2. ) The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. Proposed to calm the fears of Anti-Federalists who had opposed Constitutional ratification, these amendments guarantee a number of personal freedoms, limit the government’s power in judicial and other proceedings, and reserve some powers to the states and the public.

Question 12

AMB 5000 CH1

In the Bill of Rights, describe what the amendments were.

Answer 12

1. ) Amendments 1-8: List of things that the Federal Government cannot do.
2. ) Amendments 9-10: reiterates the limited authority of the Federal Government and explicitly enshrines the concept of federalism.

Question 13

AMB 5000 CH1

The Legislative Branch does what?

Answer 13

(= CONGRESS)

Writes (Creates) the laws of the U.S.

Question 14

AMB 5000 CH1

Article 1, Section 8 gives Congress the power to do what?

Answer 14

1. ) Collect taxes and duties
2. ) Regulate trade and Commerce with foreign nations
3. ) Establish rules of citizenship, naturalization and immigration
4. ) Pass laws that are “Necessary and Proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer”. basically… pass laws to execute the foregoing powers in any level of the US Government.

Question 15

AMB 5000 CH1

What are “statutes”?

Answer 15

They are laws that are passed which allows Congress to exercise their power

Question 16

AMB 5000 CH1

How does a Statute become a Public Law?

Answer 16

The Statute is first passed by Congress, then it is signed by the President, which turns it into a public law.

Question 17

AMB 5000 CH1

What is the U.S. Code?

Answer 17

It is the system Congress uses to organize and catalog all Public Laws.

Question 18

AMB 5000 CH1

What are the major subjects of the U.S. Code?

Answer 18

1. ) 6 USC: Homeland Security statute
2. ) 8 USC: Immigration statutes
3. ) 19 USC: Customs Statutes

4. ) 18 USC: General Crimes
5. ) 7 USC: Agriculture Crimes
6. ) 21 USC: Drug Crimes
7. ) 31 USC: Money Crimes

Question 19

AMB 5000 CH1

What are the two basic types of Statutes?

Answer 19

1. ) Criminal
2. ) Civil

Question 20

AMB 5000 CH1

Describe the highlights of how a Civli Statute works.

Answer 20

1. ) Person vs. Person (also, Gov. or Business vs.)
2. ) Must be proven by at least 51% guilty
3. ) The Bank-rupture penalty can be issued as a worst case scenario by the civil courts.

Question 21

AMB 5000 CH1

Describe the highlights of how a Criminal Statute works.

Answer 21

1. ) U.S. Government vs. Person
2. ) Must be proven by a reasonable doubt (91% guilty)
3. ) The Death penalty can be issued as a worst case scenario by the Criminal / Federal Courts.

Question 22

AMB 5000 CH1

INA 211 (8 USC 1181) states what?

Answer 22

It requires certain people to present specific documents when they want to enter the United States.

Question 23

AMB 5000 CH1

19 USC 1459(a) states what?

Answer 23

1. ) All persons entering the U.S. on foot must do so by a designated border crossing point.
2. ) they must present themselves and all articles accompanying them for inspection by a CBP Officer at the Point of Entry (POE)

Question 24

AMB 5000 CH1

What did “The Tariff Act of 1930” (19 USC 1202) establish?

Answer 24

1. ) It established rates at duty that must be paid when items are imported into the U.S.
2. ) Provided an important source of revenue for the US Government.

Question 25

AMB 5000 CH1

INA 287(a)(1) / 8 USC 1375(a) states what?

Answer 25

It grants authority to “Immigration Officers” to be able to interrogate non-U.S. citizens about their right to be or remain in the United States.

Question 26

AMB 5000 CH1

INA 274(b) / 8 USC 1324(b) states what?

Answer 26

It grants authority to “Immigration Officers” to be able to seize vehicles used to smuggle aliens into the United States

Question 27

AMB 5000 CH1

19 USC 1581(a) states what?

Answer 27

It grants authority to “Customs Officers” to conduct Border Searches.

Question 28

AMB 5000 CH1

Pursuant to the Homeland Security Act, CBP Air and Marine Interdiction Agents exercise what powers?

Answer 28

They exercise the powers of both legacy “Customs” and “Immigration” officers.

Question 29

AMB 5000 CH1

The Executive Branch does what?

Answer 29

(= THE PRESIDENT)

It enforces the laws of the U.S.

*The President enforces the laws through the use of Departments and Agencies.

Question 30

AMB 5000 CH1

How many departments does the Executive Branch have to implement and enforce federal laws?

Answer 30

15 departments which include the Department of Homeland Security.

Question 31

AMB 5000 CH1

What are the 7 Agencies that comprise the Department of Homeland Security?

Answer 31

1. ) CBP = Customs and Border Protection
2. ) TSA = Transportation Security Administration
3. ) USSS = US Secret Service
4. ) CIS = US Citizenship and Immigration Services
5. ) FEMA = Federal Emergency Management Agency
6. ) ??
7. ) USCG = US Coast Guard

Question 32

AMB 5000 CH1

Describe the C.F.R’s.

Answer 32

1. ) They are the “Code of Federal Regulations”
2. ) Congress authorized Departments and Agencies to adopt regulations to provide guidance on implementing the statutes passed by Congress.
3. ) The C.F.R’s are where all of the regulations are organized and cataloged for reference.

Question 33

AMB 5000 CH1

The Judicial Branch does what?

Answer 33

(= THE COURTS)

Interpret the laws passed by Congress (resolve legal disputes).

Examples:

1. ) Did a person violate the law (civil or criminal)
2. ) Is the statute or regulation lawful? (consistent with the Constitution)
3. ) Was the law enforcement officer’s conduct lawful?

Question 34

AMB 5000 CH1

How does the US court system work?

Answer 34

1. ) Trail Courts: where parties in legal dispute first go to be heard by a judge and/or jury.
2. ) Appellate Courts: where a party goes to appeal the result of a trial or ruling by a trial judge.

Question 35

AMB 5000 CH1

What is the structure of the US Court System?

Answer 35

1. ) Federal Courts: resolve dispute about federal laws. (Trial, Appellate, and Supreme Courts)
2. ) State Courts: resolves dispute about state laws. (Trial, Appellate, and Supreme Courts)
3. ) Administrative Courts: resolves disputes arising under certain civil statutes within the Executive Branch. (ex. Immigration Court, and NTSB Law Court)