39 Cards in this Set
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Sources of Law
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The primary sources of contemporary law are:
United States Constitution
Statutes, which are drafted by legislatures
Common Law
Court Orders
Administrative Law
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Common Law
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body of cases decided by judges as they follow earlier cases (known as precedent)
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Court Orders
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a judge places binding obligations on specific people and companies
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Criminal Law
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concerns behavior so threatening to society that it is outlawed all together
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Civil Law
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deals with duties and disputes between parties (not outlawed behavior)
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Three Important Ideas About Law
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Power
Importance
Fascination
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Sources of Contemporary Law
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complex structure of laws inherited from England
Founding Fathers - protect rights of ppl from govt
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Federalism
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Founding Fathers created it
a double-layered system of govt with the national govt and state govt each exercising important but limited powers
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U.S. Constitution
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supreme law of the land
any law that conflicts with it is void
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Three Things the U.S. Constitution Does
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establishes national govt of the US with three branches
creates a system of checks and balances among the branches
guarantees many basic rights to the American people
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Branches of Gov't
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legislative
executive
judicial
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Legislative Power
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gives the ability to create new laws
Article I, Constitution gives power
Power is in Congress
Senate
House of Representatives
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House of Representatives
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435 voting members
voting size is based on a state's population
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Senate
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has 100 members
2 from each state
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Executive Power
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authority to enforce laws
Article II of Constitution gives power
President of US
Commander in Chief of the armed forces
head of the executive branch
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Judicial Power
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gives the right to interpret the law and determine validity
Article III of constitution gives power
Supreme Court head of judicial branch
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Checks and Balances
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Founding fathers wanted to give each part of government power over the other two branches
Gov't is sluggish by design
tend towards inaction
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Examples of Checks and Balances
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President can veto Congressional legislation
Congress can impeach the President
Supreme Court can void laws passed by Congress
The President appoints judges to federal courts
cannot serve unless approved by the Senate
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Statutes
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a law passed by Congress or by state legislature
can cover any topic at all as long as they do not violate the Constitution
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Process of Creating a Statute
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Idea for new law proposed in Congress (a bill)
House and Senate vote independently on the bill and must get approval from majority of both chambers
Goes to the White House - President can sign (new statute) or veto (Congress can then override the veto)
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Conditions for Overriding a Veto
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House and Senate must approve the bill by a 2/3 majority
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Stare Decisis
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the principle that precedent is binding on later cases
"Let the decision stand"
makes the law predictable
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Precedent is only binding on
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lower courts
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Court Orders
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Judges have the authority to issue court orders that place binding obligations on specific people or companies
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Administrative Agencies
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do day to day work
most are created by Congress
examples: EPA, SEC, IRS
Agencies have the power to create laws called regulation
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Criminal Law
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concerns behavior so threatening that society outlaws it all together
Government persecutes the wrongdoer
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Civil Law
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Regulates the rights and duties between parties
government will not prosecute the case, it is up to you!
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Examples of Criminal Law
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embezzle money from an employer
steal a car
sell cocaine
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Law case
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a decision a court has made in a civil lawsuit or criminal prosecution
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Plaintiff
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the person who is suing
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Defendant
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person being sued
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Issue Section
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tells you what the court had to decide and why you are reading the case
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Decision
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court's answer to the issue posed
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Holding
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a court's decision
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Reverse
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to declare the lower court's ruling wrong and void
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Remand
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send a case back down to a lower court
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affirm
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to uphold a lower court's ruling
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reasoning
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why the court reached it's decision
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Why is the law important
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we depend upon the law to give us a stable nation and economy, fair society, a safe place to live and work
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LEB 320F: Final