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Legal R and W

Basic Concepts and Constituion-Legal Research and Writing

QuestionAnswer
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
Created by: nicegirl_07
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