Unit 1 Notes

Unit 1 Notes - Chapter 1 Notes 17:50 Law: Rule which...

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Unformatted text preview: Chapter 1 Notes 17:50 Law: Rule which permits or prohibits certain activity or behavior Enforced by government System of rules to permit society to be governed Society is the government, on behalf of the people Three Branches Legislative makes rules according to societal needs & wants Executive enforces the laws Judicial interprets the laws Constitution is the #1 source of law and authority o Nothing trumps the Constitution, but the people's will to change or amend a law. Federal System of government Which means we gave up power to states to make up federal government Each state has Constitution We're supposed to have a weak federal government Statutes are secondary sources of law Laws created by legislature: Congress, State House Constitution says Federal government can only pass laws in limited areas If Constitution is silent on a particular authority, then the state has the right to make that law Local levels have ordinances; For cities Federal statues trump state statues unless they conflict with Constitution Federal Treaties are tertiary sources of law Administrative Agencies, both Federal and State, are fourth sources of laws Branches of Federal Government to run Federal Government or State Government o Departments of Everything o Administrative Agencies can make rules which have same force and effect as a statue unless it conflicts with a statue Common Law is final source of law; Called Case Law Largest source of law Judges are required to do what has been done in past Stare Decisis (Let the Decision Stand) Once a judge makes a law, all other judges have to follow that law This can lead to an appeal Benefits: 1) More efficient, 2) More Uniform, 3) More stable; less changes, 4) More Predictable; used to act accordingly, 5) More Just; eliminates personal preferences by the local Earl If there was no prior case, there is a Case of First Impression If the law has outlived its social value, it can be overturned "Push me, Pull me" Syndrome; Need for change, but not to quick Classifications of Law Substantive: Laws that create legal rights or obligations Procedure: Laws that create procedures for substantive laws Public: Laws that regulate relationship between people and government Private: Laws that regulate relationship between individuals Civil: Regulates duties (you owe) and rights (you're entitled to) between citizens Criminal: Laws that regulate the rights and duties between individual and society Two Courts under Old King; We've merged them Courts of Law: Give you money...
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Unit 1 Notes - Chapter 1 Notes 17:50 Law: Rule which...

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