PARA-1 (Chapter 3)
How was the doctrine of stare decisis developed?
As the English common law formed the foundation of the American legal system.
What is the "notice and comment' period?
At both the federal and state levels, administrative agencies begin the process of creating or amending regulations.
What is the common law?
Body of law that has evolved from judicial decisions in cases that do not involve constitutional, statutory, or administrative regulation interpretation. Law created by the courts.
What is the Federal Register?
the official daily publication for rules, proposed rules, and notices of federal agencies and organizations, as well as executive orders and other presidential documents
Which article deals with the judiciary?
Article III
What is the system of checks and balances?
Checks and balances are designed to guard against "a gradual concentration of the several powers in the same department."
What is the first amendment?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise therefore; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Why were equity courts created and what special powers were they given?
Equity courts are created to settle disputes by requiring one party to compensate the other with monetary reliefs and/or equitable relief.
What is the eighth amendment?
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Why do constitutions and statutes frequently include ambiguous language?
General prohibitions are somewhat ambiguous and open to differing interpretation. Ambiguity in statutes can also result from sloppy draftsmanship or be intentionally inserted to avoid creating conflicts among the legislation's supporters.
Why are the courts called the final arbirters?
The courts are drawn into the lawmaking process when they must interpret constitutions and statutes.
Who has the final say as to what a statute means: the legislature or the courts?
The courts.
What happens if the judicial review decided whatever issue as unconstitutional, what can legislative do?
They can supersede the court's interpretation by the new statutue.
What is an enabling act?
A statute establishing and setting out the powers of an administrative agency.
What is the second amendment?
A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.
Why are administrative agencies referred to as the fourth branch of government?
Administrative agencies are referred as the fourth branch of government because administrative agencies combine legislative, executive, and judicial functions.
Which article deals specifically with the legislature?
Article I
Which article deals with the executive?
Article II
What is constitutional law?
Constitutional law refers to the principles and rules that are either explicitly stated in, or inferred from, government constitutions.
What is the sixth amendment?
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
What is the seventh amendment?
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
What are the purpose of the Article 1 to 3?
It is the first function of the constitution, it establish the organization of government.
Who explained the concept of the system of checks and balances in the Federalist Papers?
James Madison
John is upset with his neighbor because on weekends the neighbor plays loud music, disturbing John's sleep. John is so angry that he wants to sue his neighbor for violating his U.S. Constitutional right to privacy. Why will John not able to win his lawsuit?
John will not win the lawsuit because the fourteenth amendment only pertains the states to not search and seize any information that may violate an individual's right to privacy and to ensure that all receives the same protection under the law.
What is the fifth amendment?
No person shall be held to answer for a capital, otherwise infamous crime, unless on presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
What is the third amendment?
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in manner to be prescribed by law.
What are the two primary functions of the U.S. Constitution?
One, the U.S. Constitution establish the organization of government. Two, the US Constitution protect individual rights from government overreaching.
How are statutes and administrative regulations similar? How do they differ?
Statutes and administrative regulations are designed to regulate future conduct However, statutory laws are enacted by legislative or Congress. Administrative regulations are created administrative laws (rules are usually drawn more narrowly and directed to a more specialized group).
Which amendment states that the powers not delegated to the federal are reserved to the states?
Tenth amendment.
The first ten amendments are commonly known as?
The Bills of Rights
At the federal level, what is used as the source of law?
The U.S. Constitution is the source of law.
How did the U.S. Supreme court rule in the case Gilbert v. General Electric?
The U.S. Supreme Court ruled in Gilbert that Title VII allowed employers to discriminate employer to discriminate based on pregnancy. However, it was amended by legislative deemed the interpretation as unlawful.
How do courts become involved in the legislative process?
The courts retain the final authority with respect to deciding whether it is constitutional.
Who has the final say as to the constitutionality of a statute, the legislature or the courts?
The courts.
What is federalism?
The division of power between the national government and the states.
What is the doctrine of incorporation and why is it important for understanding our rights under the U.S. Constitution?
The doctrine of incorporation means that the first ten amendments, along with the Fourteenth amendment, serve to prevent state or federal government officials from interfering with our civil rights and liberties.
What is the doctrine of separation of powers and how does it relate to our system of checks and balances?
The doctrine of separation of powers limit the power of each three branches, by using a check and balance system.
What is the ninth amendment?
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
What is the power of judicial review, and why is it important to our legal system?
The power of judicial review is left up to the courts to determine what the Constitution means or whether the law is valid.
What is the tenth amendment?
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
What does it mean to say the common law has been codified?
The process of converting the common law into statutory law.
Are the protections provided by state constitutions the same as those given by the U.S. Constitution? Why might that matter?
The protections provided the state constitutions are the same as the U.S. Constitution, anything that is dissimilar would be ruled as unconstitutional.
What is the purpose of the tenth amendment?
The purpose of the tenth amendment is establishing federalism.
What is the fourth amendment?
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
What are the separation of powers?
The separation of powers is described as a system of shared powers by separate branches of the government. Because they share power, each branch of government has the ability to limit the actions of other branches.
At states level what is used as the source of law?
The state constitution of each 50 states.
That a statute is in derogation of the common law?
Used to describe legislation that changes the common law.