LEB 323 22:15 Sources of the Law: Lecture 1 5 Major Forms of Law US Constitution Statutes Administrative regulations Common law Court orders US Constitution Sits highest because nothing you can create can violate this Absolute Legislative Authority to create new laws Congress Senate 100 members 2 per state House of Representatives 435 members Number is based on population Executive
Enforces the laws President Judicial Interpret laws Supreme court Constitutional operations Slowed reaction because of checks and balances so its hard to get anything done President versus congress Veto power by president Override veto by congress House and senate revote having to get 2/3 majority President versus supreme court Supreme court judge has job as long as you want but president chooses/nominates a judge Judge can ignore the president Congress versus supreme court Senate has confirmation power (senate majority vote on judge) Amending constitution by congress so if supreme court makes decisions congress doesn’t like then they can get states to try to support the change Supreme court judicial review to determine if they law is okay under the constitution Federal and state courts have this When a state or congress makes a statute the court decides whether is a valid law or unconstitutional Statutes
Laws created by congress Any idea can be a statute as long as it doesn’t violate the constitution Has to first pass majority in house then majority vote in the senate then the president must sign it Administrative regulations Passed by government agencies (IRS, FDA) to make certain requirements of businesses Common law Legal ideas that set a precedent for future court decisions Court order Requirements by a court Fines, jail, etc. can be punishment Lecture 2: Court Systems Most cases are decided in state courts 2 main cases that go to federal court Cases that involve federal law Lawsuit between people from different states or cases that are worth more than $75,000 between people from different states Cases usually start from bottom and make its way up to trial court Problems you can’t workout have to be taken to court Once trial court is over usually nothing further happens because of time and money Can always appeal a trial at least once Intermediate appellate court
Don’t redo whole court process, no new evidence is presented here Panel of judges (usually 3) review trial court Have to convince mistakes were made in the trial court Cant get undone if law if misinterpreted or misapplied Higher court almost always won’t second guess jury if appeal is based on jury believing the wrong person Affirm
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- Spring '08