Chap 1 worksheet 1.1 sources of American law
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
