What is Law? Flashcards
What is Formal or Positive Law?
A set of rules government proclaims and enforces
What is the Rule of Law?
Basic principle of equal treatment before the law, a predictable and transparent legal system, effective judicial institutions, and constitutional guarantees of human rights
What is Natural Law?
A system of rules and principles for the guidance of human conduct. Conforms to a person’s nature, does not arise out of enacted law
What are the sources of norms and moral codes?
Religion, philosophy, and social evolution
What are some sources of formal law?
Hammurabi’s Code, Greek writing on individual rights and responsibilities, Roman legal system, the Magna Carta (common law)
What does Federalist System refer to?
All states are subject to the federal rule of law, any conflict is preempted by Article VI
What are the broad purposes of the three branches?
Legislature - make law; executive - enforce law; judiciary - resolve disputes
Which Article empowers the legislature and what two important clauses does it contain?
Article I; the Commerce Clause and the Necessary and Proper Clause
What is the Commerce Clause?
Part of Article I, it gives the legislature the power to regular commerce among the states.
What is the Necessary and Proper Clause?
Part of Article I, it gives Congress the power to “make all laws which shall be necessary and proper for carrying into execution”
Which amendment reserves powers not delegated to the federal government or prohibited to the states?
The 10th Amendment
What are some common areas of federal legislative authority?
Air transportation, bankruptcy, federal contracts, banking, customs, environmental protection, health care, foreign relations, income and estate taxes, power generation, etc.
What are some common areas of state legislative authority?
Agriculture, jails, hospitals, leases, public records, utilities, alcohol, education, and state roads/highways
What are some common areas of local authority?
Cemeteries, libraries, police/fire departments, traffic laws, local services, and animal control
Which court case established Judicial Review, and what does the term mean?
Marbury v. Madison; it gives the judiciary the power to review the other branches for constitutionality
Which article empowers the judiciary, and what does it explicitly give it power over?
Article III; all cases arising under U.S. laws/constitution, cases affecting ambassadors and public ministers; all admiral/maritime cases; cases to which the U.S. is a party; controversies between multiple states, between a state and citizens of another state, and between citizens of different states
What is the basic setup of the federal judiciary?
94 district courts which hear cases over federal questions and diversity; specialized courts such as bankruptcy and customs; 12 courts of appeals (11 regions + D.C.) that hear appeals from district courts in their region; Supreme Court is the final authority over the entire U.S.
What is a typical state judicial structure?
Trial courts with regional courts of general jurisdiction, local/specialized courts for specific matters, at least one appellate court. Highest court is usually called the supreme court
