B-Law Ch 1 & 2 FHSU

Federal System

System in which a national government coexists with state governments.

Preamble

The introductory part of the Constitution that states its broad objectives.

Articles

The main provisions of the Constitution that set out the government’s structure, power, and procedures.

Amendments

Changes made to the Constitution since its ratification.

Legislative Branch

Established under Article I of the Constitution; consists of the House of Representatives and the Senate.

Executive Branch

Established under Article II of the Constitution; consists of the president and vice president.

Judicial Branch

Established under Article III of the Constitution; consists of the Supreme Court and other federal courts.

Bill of Rights

The first 10 amendments to the Constitution that preserve the rights of the people from unlawful acts of government officials, establish and protect freedom of speech and religion, and so on.

Enumerated Powers

Those powers that are explicitly granted to the three branches of government in the Constitution.

Article 1, Section 8

The main provision of the Constitution that enumerates the limited powers of Congress.

Commerce Clause

The constitutional clause giving Congress the exclusive power to regulate foreign commerce, interstate commerce, and commerce with the Indian Tribes.

Necessary and Proper Clause

The constitutional clause giving Congress the general implied authority to make laws necessary to carry out its other enumerated powers.

Executive order

An order made by the president and that carries the full force of law; issued to enforce or interpret federal statutes and treaties.

Presidential proclamation

Statement issued by the president on a ceremonial occasion or to elaborate an issue of public or foreign policy.

Jurisdiction

The legal authority that a court must have before it can hear a case.

Judicial review

The power of the judiciary to declare a legislative or executive act unconstitutional.

Separation of powers

The system of checks and balances created by the Constitution whereby the three branches have unique powers that allow them to resolve conflicts among themselves, thus ensuring no one branch exceeds its constitutional authority.

Rational Basis

The lowest level of scrutiny applied by courts deciding constitutional issues through judicial review; upheld if the government shows that the law has a reasonable connection to achieving a legitimate and constitutional objective.

Intermediate-level scrutiny

The middle level of scrutiny applied by courts deciding constitutional issues through judicial review; upheld if the government shows that a regulation involves an important government objective that is furthered by substantially related means.

Strict scrutiny

The most stringent standard of scrutiny applied by courts deciding constitutional issues through judicial review when the government action is related to a fundamental right or is based on a suspect classification; upheld if the government shows a compelling need that justifies the law being enacted and no less-restrictive alternatives exist.

Supremacy Clause

The constitutional clause that makes clear that federal law is always supreme to any state law that is in direct conflict.

Preemption

The concept that primary sources of law are applied consistent with a hierarchy and that a law higher in the hierarchy will overrule and make void a conflicting law lower in the hierarchy. Federal law preempts conflicting state law.

Fourth Amendment

Protects individual citizens’ rights to be secure in their “persons, houses, papers, and effects.”

Probable cause

A reasonable amount of suspicion supported by circumstances sufficiently strong to justify a belief that a person has committed a crime.

Due Process Clause

The constitutional clause protecting individuals from being deprived of “life, liberty, or property” without due process of law.

Due process of law

The constitutional principle that the government must respect the legal rights that are owed to a person according to the law.

Subpoena

A notice to someone who is required to 1) appear in person for a legal matter, or 2) provide documents or other evidence, or 3) both.

Law

A body of rules of action or conduct prescribed by controlling authority and having legal binding force.

Jurisprudence

The science and philosophy of law that defines various approaches to the appropriate function of law and how legal doctrines should be developed and applied.

Counsel

Another term for attorney.

Constitutional Law

The body of law interpreting state and federal constitutions.

Statutory Law

The body of law created by the legislature and approved by the executive branch of state and federal government.

Common Law

Law that has not been passed by the legislature but rather is made by the courts; based on the fundamentals of previous cases with similar facts.

Administrative Law

Refers to both the law made by administrative agencies and the laws and regulations that govern the creation, organization, and operation of administrative agencies.

Ordinances

Local statutes passed by local legislatures.

Plain Meaning Rule

The principle that if the words in a statute have clear and widely understood meanings, the court applies the statute; used as the initial guideline in statutory interpretation to determine how a rule should be applied.

Statutory Scheme

The structure of a statute and the format of its mandates.

Legislative History

The records kept by the legislature, including the debates, committee and conference reports, and legislative findings of fact used when creating a law, which can be used to show the legislature’s intent.

Citation

The special format used by the legal community to express where a statute or case law can be found.

Doctrine of stare decisis

The principle that similar cases with similar facts under similar circumstances should have similar outcomes.

Precedent

Applying the law made in previous appellate court opinions to current cases with similar facts; binding on the trial courts.

Secondary sources

Sources of law that have no independent authority or legally binding effect but can be used to illustrate a point or clarify a legal issue.

Restatements of the law

A collection of uniform legal principles focused in a particular area of the law, which contains statements of common law legal principles and rules in a given area of law.

model state statures

Statutes drafted by legal experts to be used as a model for state legislatures to adopt in their individual jurisdictions in order to increase the level of uniformity and fairness across courts in all states.

civil laws

Laws designed to compensate parties for money lost as a result of another’s conduct.

damages

Money lost as a result of another’s conduct.

criminal laws

Laws designed to protect society that result in penalties to the violator such as fines or imprisonment.

Substantive laws

Laws that provide individuals with rights and create certain duties.

Procedural laws

Laws that provide a structure and set out rules for pursuing substantive rights.

remedies

Judicial actions, which can be monetary or equitable, taken by courts that are intended to compensate an injured party in a civil lawsuit.

equitable relief

Relief granted in the form of either specific performance (“do it”) or an injunction (“stop doing it”) when monetary damages are insufficient due to the unique or irreversible consequence of the breach.

equitable maxims

Common law rules that guide courts in deciding cases and controversies and are intended to be broad statements of rules based on notions of fairness and justice.

public laws

Laws derived from a government entity.

private laws

Laws recognized as binding between two parties even though no specific statute or regulation provides for the rights of the parties.