Chap 1 worksheet 1.1 sources of American law

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Interstate Commerce Act

1887 law passed to regulate railroad and other interstate businesses

stare decisis

A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle.

International law

A body of rules that binds states and other agents in world politics and is considered to have the status of law

Uniform Commercial Code

A collection of laws that governs various types of business transactions.

Common Law

A legal system based on custom and court rulings

Statutes, which are primary sources of law, come from the U.S. _______ and state and local ________.

Congress, legislatures

Case law is based on the decisions made by those who run administrative agencies.

False

The U.S. Congress passes federal statutes which do not apply to states, but only to the federal government.

False

Independent Regulatory Agencies

Federal regulatory agencies that are independent, thus not fully under the power of the president. Ex. Federal Trade Commission, Securities and Exchange Commission.

Case Law

Judicial interpretations of common law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law.

National law

Law that pertains to a particular nation (as opposed to international law).

Administrative agencies are created to

Preform specific government functions delegated to them by the legislature

Dependent Regulatory Agencies (DRAs)

Regulatory units or subdivisions of executive agencies

Of the U.S. laws, including state laws, the U.S. Constitution is

Supreme law of the land

Supreme Law of the Land

The U.S. Constitution's description of its own authority, meaning that all laws made by governments within the United States must be in compliance with the Constitution.

Administrative Law

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

Constitutional Law

The body of law derived from the U.S. Constitution and the constitutions of the various states.

Statutory Law

The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).

Case law is derived from judges' decisions for actual cases.

True

State constitutions are a primary source of law.

True

One primary source of American law is:

U.S. Constitution

The ____ is a uniform law adopted by all states that facilitates commerce

Uniform Commercial Code

precedent

an example that may serve as a basis for imitation or later action

Law based on documents setting forth the general organization, powers, and limits of the government is called

constitutional law

The federal trade commission is an example of

independent regulatory agency

State agency

the agency of the state government responsible for administering the federal requirements for participation in Medicare and Medicaid programs; the state agency is ordinarily also charged with administering applicable licensure requirements for the state

Magna Carta

the royal charter of political rights given to rebellious English barons by King John in 1215

If the U.S. Supreme Court determines that a state criminal law violates a provision of the Fourth Amendment to the U.S. Constitution, that law will be declared

unconstitutional


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