US Constitution Flashcards
Law Defined
rules, limits on behavior enforced by governmental authority. the difference between suggestions and advice and a law is that a law has enforcement and consequences
civil law
judges do not have the power to create law through interpretation
substantive law
refers to actual subject matter of the law or merits of the claim, case or action. embodies the legal rights and duties and is captured by our different sources of law like the statutes the constitution or common law. says what you can and cannot do
common law
judge made a law
jurisprudence
the philosophy of the law
primary sources of law
where laws come from. ex. the us constitution, state constitutions, statutory laws from congress, the state legislatures and local from common law and admin rules and regulations, executive orders and treaties.
due process
fundamental fairness and decency in government actions
legal positivism
disagree that the law is simply power. follow laws as written no interpretations or reading between the lines, law is what the law says. do not believe people have intrinsic human rights other than those created by the law. don’t feel the need to follow an illegitimate law
legal realism
the belief that the law is far less important then the consideration of who is in position to enforce the law. Determine the factors of a likely outcome based on the judges personal and professional beliefs about the issue as determining factors, take into factor the judicial interpretation which is built in checks and balances to our other form of government
natural law
the idea that humans possess certain inalienable rights that are not the products of human made law. humans are able to discover moral truths on their own. don’t need a supreme power to tell them right from wrong. human made law is subordinate to natural law. ex. civil rights activists rely on natural law to advance their platforms. BLM for example its wrong to murder and mistreat black people regardless of what the law says.
public law
applies to everyone. no one is above the law. law created by a legitimate authority. legal claims to be heard by the judiciary. people can vote for legislatures who create legislation so they can be a part of law creating activities
private law
law binding specific parties. example a contract that only applies to those in the parties to a private law agreement and not to everyone else
UCC uniform commercial code
is a comprehensive set of laws governing all commercial transactions in the United States. It is not a federal law, but a uniformly adopted state law.
bill of rights
first ten amendments. focus on individual rights and freedoms.
statutory law
law created by a legislative body. congress and states both have legislative bodies
federalism
system of both federal and state power that coexist. allows different rule of law system to operate side by side.
stare decisis
same legal issue will use same rule of law generated from already decided cases regarding the same issue “ let the decisions stand”
police powers
used to regulate the safety, health and welfare of its citizens
rules and regulations
laws made by administrative agencies
rule of law
a system of laws under which the people and government are bound which allows predictability and restraint of government actions. establishes authority, creates expectation for behavior and establishes redress for grievances and penalties for deviance.
Us constitution
sets forth 3 branches of government. structures our federal government. congress has power to declare war. president is commander and chief of the armed forces. its the foundation which the US federal rule of law system rests. we the people.. power on the people as well as states
ex post facto
arbitrary enforcement of unstated retroactive laws.
first amendment
provides several rights protections: to express ideas through speech and the press, to assemble or gather with a group to protest or for other reasons, and to ask the government to fix problems. It also protects the right to religious beliefs and practices. It prevents the government from creating or favoring a religion.
second amendment
right to bear arms
