Paralegal Law

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Law

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• must obeyed and follow by citizens subject to sanctions or legal consequences.
  
• body of rules of action or conduct prescribed by controlling authority, and having binding legal force

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Jurisprudence

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• philosophy or science of law
  

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Common law

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• developed by judges who issue their opinions when deciding cases
• principles announced in these cases become precedent for judges to later decide similar cases

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Constitution of the USA

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• supreme law of the USA
  
• establishes the structure of the federal gov't, delegates powers to the federal gov't, and guarantees certain fundamental rights

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Treaty

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• compact made between two or more nations

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Statute

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• written law enacted by then legislative branch of the federal and state gov't that establ. certain courses of conduct

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Ordinance

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• enacted by local gov't bodies, such as cities and municipalities, counties, schools districts, and water districts

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Executive order

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• order issued by a member of the executive branch of the gov't

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Judicial decision

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• ruling about an individual lawsuit issued by federal and state courts

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Stare decisis

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• latin meaning "to stand by the decision" adherence to precedent

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Federalism

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• US form of gov't in which the federal gov't and the fifty state gov't share power

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Legislative branch

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• US gov't that makes federal laws
• it is known as Congress, and consists of the Senate and the House of Repsentatives

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Executive branch

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• US gov't that enforces the federal law
  
• headed by the president

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Judicial branch

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• US gov't that interprets the law
• consists of the Supreme court and frederal courts

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Checks and balance

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• built into the US Constitution to prevent any one of three branches from becoming too powerful
  

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Supremacy Clause

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• establ. that the federal Constitution treaties, federal laws, and federal regulations are the supreme law of the land
  

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Commerce Clause

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• grants Congress the power "to regulate commerce with foreign nations, and with indian tribes
  

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Foreign commerce

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• commerce with foreign nations
• commerce clause grants the fed. gov't the authority to regulate foreign commerce

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Interstate commerce

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• commerce that moves between states or that affects commerce between states
  

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Police power

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• permits and local gov't to enact laws to protect or promote the public health, safety, morals, and general welfare
  

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Unduly burdening interstate commerce

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• unlawfully restrict or limit commerce among states
• laws may be enacted by a state to protect or promote the public health, safety, morals, and general welfare, as long as the laws do not unduly burden interstate commrece

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Bill of Rights

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• first ten amendments to the Constitution
• added to the US Constitution in 1791

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Freedom of speech

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• right to engage in oral, written, and symbolic speech protected by the First Amendment

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Fully protected speech

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• speech that cannot be prohibited or regulated by the gov't

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Limited protected speech

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• speech that the gov't may not prohibited but that is subject to time, place, and manner restrictions

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Unprotected speech

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• speech that is not protected by the First Amendment and may be forbidden by the gov't

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Establishment Clause

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• in 1st Ad't that prohibits the gov't from either establ.ing a state religion or promoting one religion over other

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Free Exercise Clause

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• in 1st Ad't that prohibits the gov't from interfering with free exercise of religion in the US

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Due Process Clause

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• provides that no person shall be deprived of "life, liberty, or property" without due process of the law

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Equal Protection Clause

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• provides that state, local, and federal gov't cannot deny to any person the "equal protection of laws"

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Strict scrutiny test

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• test that is applied to classification based on a suspect class ( such as race, national origin, citizenship) or that involves fundamental rights (such as voting)

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Intermediate scrutiny test

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• test that is applied to classifications based on a protected class ( such as gender or age)

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Rational basis test

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• test that is applied to classifications not involving a suspect or protected class