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30 Cards in this Set
- Front
- Back
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Five Sources of Law
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1. Common Law
2. The Law of Equity 3. Statutory Law 4. Constitutional Law 5. Executive Orders and Administrative Rules |
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Common Law
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What has been ruled in the courts in the past should apply to the present case.
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Stare Decisis
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Means to stand by what was done in the past. This is the most fundamental principle of common law.
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Three things the Supreme Court can do with "precedent"
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Accept it - this is almost always the case - the court will simply do what it has done in the past.
Overrule it - think Roe v. Wade Modify it - this is what courts have done since Roe v. Wade. The court accepted Roe, but modified the right to abortion on demand to include a right to a 24-hour waiting period, parental consent etc. |
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The Law of Equity
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If a strict application of the law or precedent resulted in the Courts of Law created an absurd or unfair result, the Court of Equity could essentially overrule it, creating an "equitable" result.
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Statutory Law
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Opposite of common law - deals with problems before they happen. These laws are black and white laws, example: having intercourse with someone under the age of 18 years of age.
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All criminal laws are now __________
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Statutory
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Constitutional Law
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Law that is contained in a written document, which governs the writing of other laws.
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Three types of Constitutional Law:
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1. United States Constitution
2. State Constitutions 3. Local and Municipal Chapters |
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Executive Orders and Administrative Rules
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These are orders given by the chief executive of the nation (the president), a state (a governor), or a local official (County Commissioner, Mayor, etc.).
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Marbury v. Madison established the principle of ________ ______.
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Judicial Review
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Judicial Review states that the Supreme Court is the ultimate decider of what is or is not ______________.
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Constitutional.
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Executive Branch is run by:
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The President and his staff
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Legislative Branch is run by:
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The US House (435 Members) and the US Senate (100 Members).
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Judicial Branch is run by:
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the supreme court and any lower courts that congress designates.
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Checks and Balances
a) Executive b) Legislative c) Judicial |
a) appoints judges, signs bills into law.
b) introduces and passes bills, confirms judges c) determines constitutionality of laws passsed by the other two. |
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How does the Judicial Branch make the law?
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decides cases which "interpret" the law.
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How does the Executive Branch make the law?
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Executive Order or Administrative Ruling (FCC rules - Bono or Howard Stern)
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How does the Legislative Branch make the law?
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Passing laws which are then signed by the President (ADA,CAN-SPAM, McCain Feingold)
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The Judicial power of the United States shall be vested in one _______ _____"
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Supreme Court
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Federal courts are courts of ________ _________.
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Limited jurisdiction.
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Limited Jurisdiction means:
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that the federal courts can only hear cases involving issues that the constitutional says that they can hear.
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Federal Courts can hear cases involving:
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An issue of constitutional law, meaning an issue involving the constitution.
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Examples of cases Federal Courts can hear:
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(i) Copyright or trademark law
(ii) First Amendment issues (freedom of speech, church/state issue, etc) (iii) Fundamental rights (right of privacy, right to vote, right to procreate, etc.) (iv) A case involving a federal statute (such as the Americans with Disabilities Act). |
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State courts are courts of _______ ____________.
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General Jurisdiction
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General Jurisdiction means:
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that they can hear cases involving any type of issue, most cases that are filed.
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Tort is any word derived from the word meaning a "_____"
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Wrong
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What are the two types of "Tort"?
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Negligent and Intentional
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Negligent Tort
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Where someone is injured but the defendant did not intend for the wrong to occur.
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Intentional Tort
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Where someone is injured and the defendant intended to do the action causing the harm.
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