What is Law?

Question 1

What is Formal or Positive Law?

Answer 1

A set of rules government proclaims and enforces

Question 2

What is the Rule of Law?

Answer 2

Basic principle of equal treatment before the law, a predictable and transparent legal system, effective judicial institutions, and constitutional guarantees of human rights

Question 3

What is Natural Law?

Answer 3

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

Question 4

What are the sources of norms and moral codes?

Answer 4

Religion, philosophy, and social evolution

Question 5

What are some sources of formal law?

Answer 5

Hammurabi’s Code, Greek writing on individual rights and responsibilities, Roman legal system, the Magna Carta (common law)

Question 6

What does Federalist System refer to?

Answer 6

All states are subject to the federal rule of law, any conflict is preempted by Article VI

Question 7

What are the broad purposes of the three branches?

Answer 7

Legislature - make law; executive - enforce law; judiciary - resolve disputes

Question 8

Which Article empowers the legislature and what two important clauses does it contain?

Answer 8

Article I; the Commerce Clause and the Necessary and Proper Clause

Question 9

What is the Commerce Clause?

Answer 9

Part of Article I, it gives the legislature the power to regular commerce among the states.

Question 10

What is the Necessary and Proper Clause?

Answer 10

Part of Article I, it gives Congress the power to “make all laws which shall be necessary and proper for carrying into execution”

Question 11

Which amendment reserves powers not delegated to the federal government or prohibited to the states?

Answer 11

The 10th Amendment

Question 12

What are some common areas of federal legislative authority?

Answer 12

Air transportation, bankruptcy, federal contracts, banking, customs, environmental protection, health care, foreign relations, income and estate taxes, power generation, etc.

Question 13

What are some common areas of state legislative authority?

Answer 13

Agriculture, jails, hospitals, leases, public records, utilities, alcohol, education, and state roads/highways

Question 14

What are some common areas of local authority?

Answer 14

Cemeteries, libraries, police/fire departments, traffic laws, local services, and animal control

Question 15

Which court case established Judicial Review, and what does the term mean?

Answer 15

Marbury v. Madison; it gives the judiciary the power to review the other branches for constitutionality

Question 16

Which article empowers the judiciary, and what does it explicitly give it power over?

Answer 16

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

Question 17

What is the basic setup of the federal judiciary?

Answer 17

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.

Question 18

What is a typical state judicial structure?

Answer 18

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