BCOR 3000 1st Edition Exam 1 Study Guide Lectures 1 6 Chapter 1 Overview Key Terms and Definitions The law consists of enforceable rules which govern relationships among people and society What is an enforceable rule rules that are meant to be followed or impose consequences for not following them Example Is not paying your rent on the day that it is breaking the law yes because the consequences of not paying rent are in the terms of the landlord late fees fines etc There are several different sources of law Know which is which and that they are in a hierarchy Constitutions highest supreme power make treaties Statutes laws passed by the states Ordinances statutes passed by cities Regulations created by agencies create more specific statues Private Law dealing with contracts Court Cases common law with precedent used to interpret everything above when situations differ and need further discussion and investigation What are uniform laws laws recommended to be follow by all states but cannot be established nationwide by congress An example is with the drinking age In order to get all states on board with the same drinking age a tax was proposed to be place on liquor making it more expensive In order to not have the tax all states had to agree upon the same drinking age This is called bribery of law it is a way to force the hand so to speak Administrative Law agencies are created to help with rules orders and decisions These agencies can perform all three functions of the gov t Have been called the unofficial 4th branch Agency examples FDA IRS Dept of Homeland Security Agencies It will be important to know the key components related to Common Law 1 Precedent a court decision that become the example for future cases of a similar manner 2 Goal for law to be common or the same in all courts 3 Used where statutes do not apply or where a situation is too vague Question of Law vs Question of Fact Yes there is a difference Law the law itself and what it means Fact what happened discussion of the facts from a certain perspective When deciding on the law vs fact only judges have a say on the questions of law What are the three reasons for why Judges may not follow precedent 1 2 3 Times have change Substantial difference from precedent case Precedent was wrong Example of judge not following precedent was with Brown v Board of Education because the judges declares that separate but equal was unconstitutional 2 types of law systems 1 Common Law very few statues and court cases become precedent 2 Civil Law statutory codes and court decisions are not precedent 2 different kinds of cases 1 Criminal Cases Criminal cases are always associated with a government entity and have been brought about because of a wrong done to society With criminal cases it must be proved beyond reasonable doubt Reasonable doubt is not quantifiable but must be greater than 50 which can also be known as preponderance of evidence 2 Civil Cases Civil cases are always associated with people businesses or organizations that are not affiliated with the gov t In a civil case one must prove with preponderance of evidence greater than 50 Is it possible to be innocent of a crime but still held liable for it Yes If the criminal burden of proof does not exceed reasonable doubt but is greater than 50 someone can be found only liable for a civil case A great example is the OJ Simpson cases we discussed in class He was found NOT Guilty of the criminal charges b c the jury could not convict him guilt beyond reasonable doubt But the jury did believe he was guilty at a civil level therefore reached the preponderance of evidence 50 If there is a criminal case should someone wait to bring a civil case yes If criminal case verdict is guilty then that automatically makes them guilty at a civil case level If criminal case is over defendant loose the right to plead the 5th The more criminal sentencing the more the money Wait it out first then take action Chapter 2 Overview Key Terms and Definitions Federalism sharing of power between D C and the states Enumerated Powers lists out hoe the powers are to be divided Separations of Powers gov t is made up of 3 branches Checks and Balances the branches can limit the powers of the other branches How to decide if a case is a constitutional case Is a gov t affiliated group business or organization involved Has to be a gov t related facility to be brought as a constitutional case Does the conduct justify the infringement If justified then dismissed If not justified becomes a case How big is the infringement If minor infringement usually ignored If major infringement becomes a case Example In God We Trust minor infringement therefore dismissed Example Panera Gun regulations in restaurants Panera is not a government related facility therefore this cannot be a constitutional case Commerce Clause The gov t can only regulate commerce if it interferes with interstate commerce If there is a conflict with federal laws or a large enough burden the gov t is allowed to step in Example Cases Gibbons v Ogden if commerce is substantially affected then the federal gov t has the right to regulate interstate commerce Law that can be made unconstitutional for interstate commerce is when 1 Big burden with high risk 2 The benefit is not big enough Freedom of Speech only certain things are protected Political fully protected but NO ABSOLUTES Commercial advertising limited protection regulated but not prohibited Obscene not protected F Word pornography Offensive regulated but not enforced racial slurs political Due Process the right to a trail 20 days Substantive Due Process Equal Protection Clause all people of all trials shall be treated similarly When dealing with the equal protection clause one must understand how scrutiny how closely something is examined is used and applied 1 Strict race distinctions lots of examination 2 Intermediate age or gender 3 Rational Basis all other distinctions less examination Race distinctions are only okay if you have 1 tired everything else 2 the problem is still there and 3 the problem is broader than necessary Age Gender distinctions need a good reason for backing statistics and proven facts for a law Rational Basis if there is some rational behind it big or small it is fairly easy to justify Chapter 2 Overview Key Terms and Definitions Judicial review is the power of the courts to review and validate the actions of the other branches The Supreme Court took the power to have Judicial