Class 2 - Legal Reasoning & The Constituion
Case
"a civil or criminal proceeding, action, suit, or controversy at law or equity" decided by a court
How to apply Stare Decisis
1) Find an earlier case(s) with similar facts 2) derive a rule of law 3) apply that rule to the case at hand
Statutory Interpretation (4) PPPL
1) Plain Meaning of language 2) Legislative history of rule 3) General Public Purpose to be achieved 4) Prior Interpretations
Examples of powers shared (2)
1) create and collect taxes 2) take private property
Examples of exclusive powers of state government (HALG)
1) establish local governments 2) issue licenses (driver, marriage) 3) provide for public health and safety 4) ratify amendment (done by Fed also)
Benefits of Stare Decisis (2)
1) predictability to decisional law by relying on a prior decision 2) consistency among judicial decisions
Examples of exclusive power of federal government (TWIM)
1) print money 2) declare war 3) enter into treaties 4) regulate interstate commerce
What are the 2 fundamental principles of the Constitution?
1) separation of powers among 3 branches of government 2) system of checks and balances
How is Supreme Court not limited in its power? (3)
1. Appointed by other branches; can stay until death 2. Continue to find unconstitutional 3. Calm Group
How is U.S Supreme Court limited in its power? (4)
1. can't enforce laws 2. Congress can create a new law 3. Jurisdiction (power to hear new cases) 4. Can change # of justices
President's roles (2)
1. head of state 2. commander-in-chief of armed forces
president's responsibilities (2)
1. implement/enforce laws written by Congress 2. Appoints heads of federal agencies and cabinet
Number of members/justices on Supreme Court
9
2nd Step to Legal Reasoning
Case Law Reasoning
What happens under the doctrine of judicial review?
Courts declare actions of other governmental bodies unconstitutional
What categories is law divided into?
Criminal and civil law
What is always the question in a criminal trial?
Did the person commit a crime?
The U.S. Constitution establishes a government based on what?
Federalism
Components of Legal Reasoning (IRFAC)
Issue, Rule, Facts, Analysis, Conclusion
What do prior interpretations entail in statutory interpretation?
Looking at prior cases and administrative decisions interpreting a statute
When does federal government only have power to pass a law? Give examples.
Only if it finds specific provision in the Constitution granting it to authority. Ex: Commerce, spending, and taxing clause
Parts of Legislative branch (Upper and Lower)
Upper: Senate Lower: Congress
Can precedent be overturned and how?
Yes, but must distinguish case by finding differences in facts
The defendant is either:
acquitted (found guilty) or found guilty and sentences w/ fine/jail
Who is the plaintiff?
charging someone with a crime
What does civil law settle?
disagreements b/n people
Legislative branch function
enact laws
Case Law Reasoning
find cases/principles that make cases similar/different
When do you use legislative history for statutory interpretation and what's the procedure?
i) Refer to it when language is unclear. ii) This involves an examination of investigative committee reports, legislative hearings, and press announcements.
criminal laws
laws that make certain actions a crime
State's power
police power - power to regulate for public health, safety, morals and welfare
What does the general public purpose rule entail in statutory interpretation?
the court should focus on the mischief or evil that the legislature intended to eradicate and interpret the statute to have that effect.
The judge/jury decides what?
the facts and remedy/solution
Civil Law
wide range of subjects: property, divorce, contracts, wills
