Basic Concepts and Constituion-Legal Research and Writing
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
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| Five Main Bodies of Law | Constitution, Statutes, Administrative Law
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| What is the definition of law? | Rules society creates to protect rights, responsibilities, establish order
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| Constitution | Law Determining, Fundamental principles of gov't, organization, distribution of power
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| Statute | Laws made by legistature
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| Cases | Cases decided by courts
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| Admin Law-Regulations | Regulations made to carry out regulatory power of government
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| Court rules | rules of procedure for civil and criminal courts
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| Three determining characteristics | (1) based on constitution, (2)notions of federalism, (3)system based on common law--judge-made law
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| 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
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| Hierarchy of laws | (1) const (2)statutes (3)regulations (4)common law
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| Hierarchy of Jurisdiction | (1)federal (2)state (3) Territories
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| Hierarchy of Courts | (1)Trial Court
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| Subject-Matter Jurisdiction | (1)Federal (2) Federal questions (3)Diversity (4)Admiralty and Maritime
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| Primary | state of law itself
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| Secondary authorities | everything else, not law itself
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| "Preamble" | explains purpose of document
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| "Articles">"Sections">"Clauses" | 7 Articles,27 Amendments, phrase shorter than section, specific way to cite clauses
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| Three Branches and duties | (1)Executive-Carries out laws, (2)Judicial-Interprets laws, (3)Legislature-Creates
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| Interpreted as framers Intended | Originalists i.e. Justice Scalia
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| Change with Society, but keeps values and principles of constitution | Organic Living document
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| In print | U.S. Code Annotated (west) and Back of MN Statutes
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| Online | Cornell Us Gov't couldn't put online and contracted with Cornell to put online
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