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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