Basic Concepts and Constituion-Legal Research and Writing
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| 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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Created by:
nicegirl_07
on 2008-02-07