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FINAL REVIEW - Ch.1 Introduction to Law 1 Law is 1 Made up...

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Ch.1 - Introduction to Law 1. Law is: 1. Made up of rules 2. Laid down by government 3. Enforced by government 2. Law provides: 1. certainty 2. predictability 3. stability 1. Different sources of law 1. Constitutions 1. United States Constitution: The supreme law of the nation 1. Article I: Establishes the Congress, sec. 8 gives power 2. Article III: Establishes the Judiciary 3. Amendments: 1. 10th- All powers not delegated to the federal government are reserved for the states. 2. State Constitutions 4. States also have constitutions which establish and regulate the state governments 2. Legislation: formal written laws 3. After the constitution, legislation is the most significant source of law. 4. Laws are passed by elected representatives 1. Statute or Act: A legislative enactment. 2. Ordinance: The legislative enactment of a city, county, or other municipal corporation. 5. Uniformity of Legislation 1. Congress can pass a single federal law preempting all state regulations of the same subject- matter 2. States can work together to pass uniform laws 6. Interpretation of Legislation 1. judges interpret 2. statutory interpretation 3. can’t be too specific; needs to be vague enough so no loopholes -> let the courts interpret 1. 1. Administrative Regulations 1. Give clarity and provide enforcement of statutes. 2. Legislative bodies, recognizing the need for greater specificity, often authorize the creation of administrative agencies to provide clarity and enforcement of a legal area. (SEC, EPA, OSHA) 2. Judicial Decisions 1. Case Law: Legal opinions issued by a judge deciding a legal issue which has arisen in a case 2. Stare Decisis: The doctrine of prior precedents.
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3. Advantages 1. reliance on past precedent offers stability and predictability in the legal system 2. allows judges to take unique facts of a case into consideration to reach a just outcome 3. allows judges to consider changes in circumstances 4. Disadvantages- volume, time, and expense, conflicting precedent, lack of precedent, conflicts of law. 1. Common Law System 3. Emphasizes the role of judges in determining the meaning of laws and how they apply. 2. Civil Law 1. focuses more on the legislation rather than judicial decisions 2. Hierarchy of Laws 1. U.S. Constitution 2. Federal Statutes 3. Federal Administrative Regulations 4. State Constitutions (apply only in the applicable state) 5. State Statutes (apply only in the applicable state) 6. State Administrative Regulations (apply only in the applicable state) 7. Local ordinances (apply only in the applicable locality) 8. Judicial Decisions / Case Law Ch.3 - The Court System 1. Court Personnel 1. Question of Law: An issue concerning the application or interpretation of the law; decided by judge 2. Question of Fact: A factual issue disputed by the parties; decided by jury 1. When reviewing appeals, justices are essentially concerned with issues of law; issues of fact normally are resolved at the trial court level.
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