U1 - Foundations of Law Quiz Review Flashcards
What are the 5 reasons for laws?
To protect people’s safety,
protect people’s property,
bring order to society,
promote the common good of people,
and to protect individual freedoms.
What are the 2 ways that laws develop?
Decisions made by judges and legislatures (whether state, federal, or local)
Common law, statutes, and ordinances
What is common law?
Laws developed though decisions made by judges
What is a statute VS an ordinance
Statutes: laws written by federal or state gov’t legistature
Ordincances: laws passed by local governments (i.e. councils, board of alderman, board of edu)
What is the oldest code of law?
Code of Hammurabi
How do we keep track of laws?
We organise them into legal codes, which are a written collection of laws organised by subject (i.e. constutution)
What are the two types of laws? What do they each mean?
Criminal & Civil
Criminal > brought on by the government
Civil > settles disagreements between individuals (contracts, property, et cetera)
What is crime? What are the 3 behaviors?
Any behavior that is illegal because it harms people, harms society, or involves stolen or damaged property
What does “any behavior that is illegal becasue it harms people or society or involves stolen or damaged property” define?
Crime
What do certain crimes have that allow people guilty of the same crime to recieve different punishments?
maximum and minimum penalties
What is a misdemeanor? Can you give an example or two?
A less serious crim with punishment of a jail sentence of a year or less and/or a fine. (i.e. tresspassing, petty theft [under $200] public intoxication, et cetera)
What is a felony? Can you provide an example or two?
A more serious crime with punishment being a jail sentence that is more than a year and/or a fine. (i.e. murder, kidnapping, arson, burglary)
What are 2 basic facts about bills?
90% die in committee
Only 5% of bills proposed actually become law
What is it when a Senator tries to delay the vote on a bill by giving a really long speech?
filibuster
What are the first 4 steps for a bill to become a law?
1: the idea has to be proposed
2: the first draft needs to be sponsored by a senator or a representative in the house
3: once introduced, it is assigned a number and recorded
4: it is sent to a committee (a smaller group of congress with experts in a certain area) and, after appropriately reviewed and changed, it is sent to the chamber of the House/Senate for approval
What are the last 4 steps for a bill to become a law?
5: goes to the house it was proposed in, and if approved it goes to the other
6: goes through the same 4 steps in other house, then sent to the President for a vote
7: the President has to sign the bill, or veto it. If he does neither after 10 days, it will become law only if Congress it in session. If not, it is called a pocket veto.
8: The Senate & House can choose to override the Pres’s veto by taking another vote. But, to override the bill must pass both Senate & House by 2/3 major
What is the difference between a right and a responsibility? Can you give an example?
RIGHT: something that the government does not give you; you already can do it and is something you deserve.
(i.e. right to drive, right to free speech, right to vote)
RESPONSIBILITY: something the government gives you that you must obey
(i.e. paying your taxes, following traffic laws, jury duty)
What is the Declaration of Human Rights? Who created it and what did it do? (Give main declaration and 2 other rights)
Created by the UN and Elanor Roosevely in 1948 after WWII.
It gave human rights to everyone regardless of gender, race, skin color, language, religion, status, et cetera.
People born free and equal, live in freedom and safety, freedom from slavery/torture, right to public impartial trial, free speech, freedom of religion
What branch of the government is Congress? What is its main responsibility?
The legislative branch; to make laws
How many houses does the House of Representatives have, and how many members are there in the House, and in the Senate?
2 houses
435 house members
100 senate members
Use of the US Constitution
divides power to make laws between federal and state governments
How do laws passed by Congress affect the states?
they affect all of the states
How do laws passed by state legislatures apply to the states?
they only apply to their respective state
What does the Supremecy Clause state?
(based on Artical 6 of the constitution)
It states that federal power/law trumps state power/law
(national interest more important than individual state’s interest)
What states that, based on Article 6 of the Constitution, “federal power/law trumps state power/law?”
The Supremacy Clause
Who can propose ideas for bills?
The President, special interest groups, members of Congress, and regular citizens
