C713- Sources of Law
What happens to a bill after it gets introduced in the senate or the HOR?
1. sent to HOR or Senate 2. a. HOR? - goes to house committee b. Senate? - goes to senate committe 3. a. house debates and votes b. senate debates and votes 4. if approved... it goes to the other house 5. if approved by both houses it goes to the president a. yes?: bill becomes law b. no?: bill goes to congress --> bill gets amended OR congress overrides prez's veto OR bill is dead
What are the main sources of law in the US legal system?
1. state and federal constitutions 2. statutes and agency regulations 3. judicial decisions
Under Constitutional law, what amendment provides fundamental guarantees in cases regarding life, liberty, or property of U.S. citizens?
14th admendment
Occupational Safety and Health Administration (OSHA), the Environmental Protection Agency (EPA), and the Federal Trade Commission (FTC) are examples of?
Administrative agencies
___________are bodies impliedly authorized by the US constitution and created by congress to enforce statutes and develop regulations in furtherance of those statutes.
Administrative agencies (federal)
Name the law- branch of law that governs the creation and operation of administrative agencies.
Administrative law
Which type of law is used when the Federal Communications Commission publishes a regulation on cigarette advertising on television? Criminal law Constitutional law Statutory law Administrative law
Administrative law
____________ law encompasses laws and legal practices governing the administration and regulation of govt agencies (federal and state)
Administrative law
senators serve ________ yr terms members of HOR serve ________ yr terms
- 6 years - 2 years
What composes congress?
- Senate (100 members) - HOR (435 members)
The _____________ is the highest court in the country, and all other courts must follow the precedent in there/its opinions.
- U.S. Supreme Court
Laws in the US are derived from? (multiple)
- US and state constitutions - statutory law from congress - state legislatures - local legislative bodies - common law - administrative rules and regulations - executive orders and treaties
Laws in the United States (in general) are primarily derived from ....?
- US and state constitutions - statutory law from congress - state legislatures and local legislative bodies - common law - administ. rules and regulations
Who creates statutory law?
- a legislative body..... AKA CONGRESS.... at the federal level
Statute law can be changed or repealed by?
- a majority vote
what does the fourth amendment say?
- citizens can say no to unreasonable searches and seizures and no warrants - this changes if there is probable cause
what does the fourteenth amendment say?
- defines citizenship - forbids states to restrict basic rights of citizens
Congress creates administrative agencies through?
- enabling acts - in the acts, congress must delegate authority by giving the agency some direction as to what it wants the agency to do.
Name some of the powers of the agencies
- licence the parties - authority to set the rates charged by companies subject to the agency's jurisdiction - can regulate business practices
What are the types of "right from wrong" ?
- one based on societal norms/expectations - one from source that has authority to make and enforce law
For an amendment (change of law) to become a law, what must happen?
- pass two-thirds of state legislatures - then it becomes part of constitution
(Fed govt) executive branch is headed by ___________ (State govt) executive branch is headed by _________
- president of the US - governor of the state
What is required to change a law?
- proposal of constitutional amendment -----that requires two-third vote of each house of congress
What are the advantage of having 3 branches of government?
- provides organizational and procedural requirements - defines boundaries of each branch's jurisdiction - checks on branches by the other branch
A bill can be introduced to congress through the __________ or the _______
- senate OR HOR
What are the two types of rules in society?
- social norms - laws
What are the 3 sources of law?
- statutory law - common law - administrative law
the ______ amendment's____________ commands that states provide due process in cases affecting life, liberty , or property of US citizens.
-14th - due process clause
Name the primary sources of law in the US
1. Constitutional law 2. Statutory law 3. Common law 4. Administrative law
Explain the process of legal reasoning (BASIC)
1. Identify the legal question (is the issue in dispute) 2. Then, the rule of law that applies to that issue is identified 3. Facts of case are analyzed against the rule of law to reach a supportable conclusion
What are some of the key functions of the bill of rights?
1. establish limits of govt power 2. create protections for fundamental rights 3. establishes the organization and duties of the different branches of govt at the state level
In a nation, the law serves to:
1. keep the peace 2. maintain the status quo 3. preserve individual rights 4. protect minorities against majorities 5. promote social justice 6. provide for orderly social change
The ___________ commands that no state shall make or enforce laws that deprive any person of life, liberty, or property without due process of law.
Fourteenth Amendment
Congress is composed of.... (with #s)
HOR- 435 ppl Senate- 100 ppl
The ___________ oversees the issuance of corporate securities and other investments and monitors practices of the stock exchanges.
Securities and Exchange Commission
Which kind of law is enacted by state or federal legislatures? Statutory law Administrative law Constitutional law Common law
Statutory law
Who creates statutory law?
congress, with the signature of the president
it is in the ________ that legislation is interpreted and prior case law is interpreted and applied.
courts
Federal courts sometimes hear state law claims under _______ jurisdiction.
diversity
Administrative agencies are created by _______________which sets forth the agencies' jurisdictional boundaries, rule-making procedures, and other information relating to agencies' scopes of power.
enabling legislation
who enforces the statutes enacted by the legislative branch?
executive branch
If a federal and state law conflict, which law controls?
federal
Originally the bill of rights were meant to apply to _________
federal actions only
who enacts all federal statutes ?
federal legislative branch
The ___________ has general jurisdiction over all business within interstate commerce to monitor and root out "unfair acts" and "deceptive practices
federal trade commission
Government agencies are given power by...and created by...? Federal agencies- State agencies-
federal- congress state- state legislature
____________ interprets all laws, including statutes, codes, ordinances, and the federal/state constitutions
judicial branch
the official power to make legal decisions and judgements
jurisdiction
____________ is used by attorneys to argue for a particular outcome in a case and by judges when rendering decisions
legal reasoning
Statutes are written laws passed by ____________.
legislative assemblies
the _________ branch is responsible for creating statutory laws
legislative branch
________seek to have a jury or judge decide who wins and loses, and how much the loser should pay or how much time the defendant should spend in jail.
litigants
is the process of bringing in a court to settle a dispute, whether criminal or civil.
litigation
the process of taking legal action
litigation
Common methods of dispute resolution are:
negotiation, mediation, arbitration
What are the term limits for senators and HOR members?
no term limits for either!
what determines how many house seats a state receives?
population #s from census
_________ and ____________ allow us to anticipate the behavior of others and to gauge the legality of our own actions
precedents and stare decisis
Laws made by administrative agencies are called...
rules or regulations
______________: is the process that refers to how most of the important guarantees in the bill of rights came to apply to state as well as federal action.
selective incorporation
When a case uses the same rule of law that was generated from already-decided cases regarding the same legal issue
stare decisis
at the state level- the state legislative branch is headed by ___________
state legislature
Most of criminal law today is made by ____________.
state legislatures
State law claims are generally heard in ________ courts, while federal question cases are generally heard in _____ court.
state, federal
the existing state of affairs, especially regarding social or political issues.
status quo
Defines written laws that criminalize certain actions and spell out penalties for violation
statutory law
____________ law defines written laws that criminalize certain actions and spell out penalties for violation
statutory law
traffic laws, sex laws, tax laws : are all examples of what kind of law?
statutory law
written laws, usually enacted by a legislative body
statutory law
The ____________ created the structure of our federal govt forming the 3 branches
the U.S. Constitution
who interprets constitutional and statutory law?
the courts
What happens when there is neither constitutional law nor statutory law?
the courts will function in the realm of common law
How are precedents formed?
through stare decisis - when the original OG case serves as a representation of how a law is generated
Which kind of law is made when an appellate court endorses a rule to be used in deciding court cases? Statutory law Administrative law Constitutional law Common law
Common law
Who creates statutory law?
Congress (federal lvl)
The _______ establishes the basic framework of government and imposes certain limitations on the powers of government
Constitution
T/F: The Supreme Court has not recognized the legitimacy of federal administrative agencies to make rules that have the same binding effect as statutes by Congress.
FALSE- they have!
T/F: Law and government do not depend on eachother
FALSE- they are interdependent
T/F: There are term limits for senators and HOR members
FALSE- there are no term limits for either
T/F: Precedents may not be over-turned
FALSE
T/F: Precedents may not shift or change over time
FALSE
T/F: citizens are unable to vote on statutes
FALSE- citizens can vote on some statutes by ballot
______________ law is judge-made law
common law
Federal criminal law is made by ___________.
congress
T/F: Federal law always overrides local and state laws
TRUE
T/F: If a federal dept is doing things that congress does not like, congress can override and change regulatory law
TRUE
T/F: each state has its own constitution
TRUE
T/F: in the US law and government are interdependent
TRUE
T/F: parties cannot enter into the productive activity covered by the act without prior license from the agency
TRUE
T/F: precedents may vary between jurisdictions, and a precedent created in one jurisdiction may not hold true in another jurisdiction
TRUE
What law helps things like monopolies and helps regulate markets?
competition/antitrust law
(in federal govt) the legislative branch is headed by ___________
congress
The US has ________ local jurisdiction(s) ________ state jurisdiction(s) ________ federal jurisdiction(s) (give a number)
a. multiple b. multiple c. one
__________ are essentially the delegation of congressional authority to area experts in particular fields
administrative agencies
an independent person or body officially appointed to settle a dispute.
arbitrator
If state and federal rights conflict , the _________ controls
bill of rights
The _____________ (s) are the first 10 amendments to the constiution
bill of rights
In a _______ law system when an apellate court hears and writes opinions, rules of law are created, formed and shaped.
common
Which kind of law is based on the customs of a group? Common law Constitutional law Administrative law Statutory law
common law
Which source of law governs torts such as false imprisonment, assault, and trespassing?
common law
