| Question |
Answer |
| Five Main Bodies of Law |
Constitution, Statutes, Administrative Law |
| What is the definition of law? |
Rules society creates to protect rights, responsibilities, establish order |
| Constitution |
Law Determining, Fundamental principles of gov't, organization, distribution of power |
| Statute |
Laws made by legistature |
| Cases |
Cases decided by courts |
| Admin Law-Regulations |
Regulations made to carry out regulatory power of government |
| Court rules |
rules of procedure for civil and criminal courts |
| Three determining characteristics |
(1) based on constitution, (2)notions of federalism, (3)system based on common law--judge-made law |
| Three ways to categorize law |
(1) Civil Vs Criminal, (2) Topical-bankruptcy, tax, family (3) Substantive-Duties and rights citizens have and get Vs Procedural-steps take to exercise rights |
| Hierarchy of laws |
(1) const (2)statutes (3)regulations (4)common law |
| Hierarchy of Jurisdiction |
(1)federal (2)state (3) Territories |
| Hierarchy of Courts |
(1)Trial Court |
| Subject-Matter Jurisdiction |
(1)Federal (2) Federal questions (3)Diversity (4)Admiralty and Maritime |
| Primary |
state of law itself |
| Secondary authorities |
everything else, not law itself |
| "Preamble" |
explains purpose of document |
| "Articles">"Sections">"Clauses" |
7 Articles,27 Amendments, phrase shorter than section, specific way to cite clauses |
| Three Branches and duties |
(1)Executive-Carries out laws, (2)Judicial-Interprets laws, (3)Legislature-Creates |
| Interpreted as framers Intended |
Originalists i.e. Justice Scalia |
| Change with Society, but keeps values and principles of constitution |
Organic Living document |
| In print |
U.S. Code Annotated (west) and Back of MN Statutes |
| Online |
Cornell Us Gov't couldn't put online and contracted with Cornell to put online |
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