Ch. 4 Sec. 1 - 2
Criminal laws protect society from the wrongdoing of an individual; the state brings criminal charges against an individual on behalf of society and individual victims.
What do criminal laws do for us?
25 years old
What is the minimum age of the governor?
Jeff Landry
Who is the current Attorney General of Louisiana?
A jury is a group of citizens who hear evidence in a legal case and make a decision based on the evidence.
Who serves on a jury?
When LA was a Spanish colony, the government established parishes as geographical divisions of the Catholic Church.
Why were parishes originally formed?
The People
According to the preamble of both the U.S. and LA Constitutions, what is the source of legitimate governmental power?
Felony = serious crime like murder and armed robbery
Explain what a felony is and give one example.
Misdemeanor = a less serious crime like speeding
Explain what a misdemeanor is and give an example.
Every 10 years, the federal government conducts U.S. Census, an official count of each state's population. After these numbers are made public, legislative districts must be reviewed to see if there are equal numbers of people in each district. If population numbers have changed, district boundaries must shift to reflect those changes, but the total number of legislators remains the same. This process of revising legislative districts based on population is called reapportionment.
How are these legislative districts decided/drawn?
LA Legislators are elected to 4-year terms; in 1995, LA voters approved a term limit amendment which allows legislators to serve three back-to-back terms in the same position - after that, they must wait in least one term to run again for the same seat
How long are terms for state legislators? Are there term limits?
LA has had 10 constitutions; LA's present constitution went into effect in 1974 (more than 100) delegates, most of them elected by the state's voters, worked for over a year to develop the 1974 LA Constitution before it went to the voters for approval
How many constitution has Louisiana had? When was the current LA Constitution adopted?
one-Louisiana
How many states have parishes?
The state legislature meets every year (regular session); in off numbered years, they meet for 45 days during a 60-day period (tax bills can only be passed in odd numbered years); in even numbered years, the legislature meets for 60 days over an 85-day period, allowing legislators to consider bills and then return to their districts to hear the views of their constituents (the people they represent) before returning to vote on the bills that were previously introduced
How often and for how long does the state legislature meet?
Legislative - makes the state laws, bicameral legislature (meaning it's made up of two parts/chambers/houses); compromised of the House of Representatives (105 members) and the Senate (39 members) Executive - enforces/implements laws passed by the legislature; the governor heads the executive branch on the state level; six other elected officials are also elected by the people of LA-they are lieutenant governor, attorney general, secretary of state, treasurer, commissioner of agriculture and forestry, and commissioner of insurance Judicial - interprets/applies the state court system has three levels - there are forty-three (43) District Courts, five (5) Courts of Appeal, and the Louisiana Supreme Court
Just like our federal government, our state government is divided among what three branches and what are their responsibilites?
The state court system has three levels: District Courts (43) - heat both civil and criminal cases and are the main trial courts for the state Courts of Appeal (5) - the second step in LA's judicial process; to appeal means to take a cast to a higher court for further consideration; if there is a legal question about the process or results of a case, it may be reviewed by a Court of Appeal. LA Supreme Court (1) - the highest court in the state; this court hear appeals from lower-level courts; if a lower court has ruled a law unconditional, the LA Supreme Court must evaluate that decision; it's also required to review all death penalty cases.
List the three types of courts in Louisiana and give a brief explanation of what each does.
veto
The governor (or president of the federal level) can refuse to sign a bill passed by the legislature.
Civil laws deal with the relationships between and among individuals; a civil lawsuit asks the court to settle a dispute between two people or between an individual and a business or government; civil law covers issues related to citizenship, property rights, contracts, marriage, divorce, child custody, and inheritance.
What are civil laws?
civil laws- set of ground rules for how individuals interact with each other; set of laws which concerned with the private affairs of citizens, for example, marriage and property ownership, rather than with crime; LA's early civil laws (adopted in 1808) were based on the Napoleonic Code (a collection of civil laws commissioned by French Emperor Napoleon Bonaparte).
What are civil laws? What were LA's based on?
1. sign the bill into law 2. veto it 3. allow it to become law without signing it (this can be seen as an expression of opposition to the new law)
What are the governors options once a bill passed by the legislature reaches his desk?
1. provides legal advice and representation to the states departments 2. can bring legal action on behalf of LA 3. Defends LA laws if they are challenged in federal court
What are the job duties of the Attorney General?
1. chief elections officer for LA 2. keeps state's official records/oversees state archives in Baton Rouge
What are the job duties of the Secretary of State?
1. be at least 18 years old 2. be registered to vote 3. have been a resident of LA for at least two years and a resident of the district for at least one year
What are the requirements to run for the state legislature in LA?
can serve two (4-year) back to back terms (8 years total)
What are the term limits for the governor?
1. oversees department of culture, recreation, and tourism 2. can act as governor temporarily if the governor is out of state 3. assumes the governor's position if the governor leaves office permanently or is unable to serve.
What are the three responsibilities of the lieutenant governor?
144 members total: House of Representatives - 105 Senate - 39
What are the two houses/chambers that make up the LA legislature? How many members total? How many members in each house?
1. in charge of the state's money/keeps records of state's income and expenses 2. prepares and presents a yearly financial report for the governor and legislature before the regular legislative session begins
What are the two job duties of the Treasurer?
Legislative committees study and debate proposed laws; standing committees are permanent legislative committees and include areas such as education, finance, health & welfare, natural resources, environment, insurance, and transportation; each legislator serves on at least one committee.
What do legislative committees do? What are standing committees?
A district attorney prosecutes criminal cases in court.
What does a District Attorney do?
Bicameral - "two chambers'; having a bicameral legislature serves as an additional layer of checks and balances - if one house/chamber proposes a bill, the other chamber must also consider and approve it before it can become a law
What does bicameral mean? What is the purpose of this legislative model?
indict = to formally charge with a crime
What does indict mean?
The constitution of each state provides the framework for how its government is formed and how it functions.
What does the constitution of each state provide?
The judicial branch interprets and applies the constitution and laws of the state.
What does the judicial branch of the government do?
1. the bill is a committee for discussion and debate - the committee may hold hearings so that interested persons/experts can testify/speak about the bill 2. committee members vote to (a) approve the bill and send it on to the full chamber for consideration (b) amend (make changes to ) the original bill or (3) kill it, which ends its existence for that session 3. if the bill is approved by one chamber, it is then sent on to the other chamber where the whole process is repeated; Note: a bill must pass both chambers in exactly the same form to become law; if the House and Senate versions differ, the two versions are sent to a conference committee, which includes members of both the Senate and the House, who try to work out the differences so they can return the bill to both chambers for another vote 4. a bill passed by the legislature must be delivered to the governor within three days
What happens once a bill is introduced in either chamber of the legislature (House or Senate)?
A bill is a proposed law and may be proposed by members of the House or the Senate. A bill becomes law only after it is (1) approved by both the House and the Senate & (2) is signed by the governor
What is a bill? How does it become a law?
Federalism is the division of power between the federal and state governments; Article IV of the U.S. Constitution discusses the relationship between the federal and state governments, the U.S. Constitution also guarantees citizens the right to elect people to represent them in a state governments; the 10th Amendment of the Bill of Rights (first 10 amendments to the U.S. Constitution) states that all powers not given to the federal government or prohibited to the states within the Constitution belong to the states - this is called the "reserved powers" doctrine
What is federalism? Where is federalism addressed within the U.S. Constitution?
Each member of the LA legislature is elected from a geographic district based on population; one member is elected from each district.
What is the number of legislative members based on?
must be a U.S. citizen and a citizen of Louisiana for at least 5 years
What is the residency requirement of the governor?
Each branch (legislative, executive, and judicial) can check (control) the power of the other two branches to keep them from becoming too powerful, misusing their power. Examples: the governor can veto (refuse to approve) a proposed law passed by the legislature (executive checking legislative); the legislature can override the governor's veto with a 2/3 vote in both houses (legislative checking executive); the judicial branch can decide whether laws brought before it are constitutional (judicial checking legislative)
What is the system of checks and balances? What are some examples?
Prior to the 1960's, LA's legislative districts were based on parish divisions. This created a situation in which legislators from rural areas represented fewer people than legislators from parishes that had larger populations, in 1962, the U.S. Supreme Court, in a case called Boker v. Carr, ruled that voting districts had to be based on population, not just land area.
What were the LA's legislative districts based on before the 1960's? Why was this unfair?
prepare and submit a budget to the legislature, influences the legislative process by authoring potential laws called administration bills, and calls the state legislature into special session as needed
What's the major job duties of the governor?
The British common law system; which was used in other states, was introduced in LA after 1803; common law uses earlier decisions- called precedence - as guidelines.
Which system of laws shaped the criminal laws adopted in the new state of Louisiana? What does that system of laws use as guidelines for its decision?
Kyle Ardoin
Who is the current Secretary of State of LA?
John Schroder
Who is the current Treasurer of LA?
Billy Nungesser
Who is the current lieutenant governor?
The governor John Bell Edwards
Who is the head of the executive branch of Louisiana?
special session
called/covered by the governor, a legislative session called to discuss specific subjects (important issues that can't wait until the next regular session)
