BA 241 Unit 1 Exam Study Sheet
= defines & limits government power.
“passes laws” Congress (House & Senate),
“enforces” President and deps under his
Courts (Appellate, Trial, Specialized); administrative agencies; Independent Agencies all
ex. Syllabus + missed test
United States Code
= statutes passed by Congress
= Proceedings of Congress
Code of Federal Regulations
= administrative regulations
= daily gazette of Government, executive and administrative announcements
= results of specific cases published by the Court
= listing of what is filed in a particular case
= complex weave of traditions, treaties, compacts, etc.
United States Government Manual
describes the origins, purposes, and administrators of every federal department and agency.
: language of business, enforceable promises; Require: offer, acceptance, consideration, legality, capacity, proper from
Can be: oral or written; express or implied; formal or informal; enforceable or not
unprivledged invasion of a legally protected sphere; not contracts. Intentional
: assault, batterym false imprisonment, defamation, etc.
: Assumes that law, rights and ethics are based on universal moral principals inherent in nature discoverable through the human reason.; oldest
view; “the Laws of Nature.”
is the supreme will of the State that applies only to the citizens of that nation at that time; not universal; The morality of a law, or whether the
law is “bad or good,” is irrelevant.
: Emphasizes the evolutionary process of law; origins of the legal system; the test of time; Follows decisions of earlier cases.
Sources of American Law
: U.S. & State Constitutions; Statutory Law-fed, state and local; Admin. regs and decisions (most changeable); Case Law and
Common Law Doctrines.
Common Law Tradition
: based on English-traditions, customs, rules, cases
LAW (monetary)- ‘kings courts’ remedies limited to law, based on precedence
EQUITY (non-monetary)- instances where result was legal but unjust
: judicial decisions that can be applied in future cases.
: Issue, Rule, Application, Conclusion OR Facts, Issue, Holding, Reasons
: All have equal powers, legislative (passes laws), executive (enforces), judical (interprets); administrative agencies: all
ex. Syllabus + missed
Deductive Reasoning: use of syllogism, a type of logical relationship involving a major/minor premise; Linear Reasoning: Proceeds from