C713- Sources of Law

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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


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