mort law week 1

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24 Terms

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CFR

Code of federal regulations

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laws

rules of conduct commanding what is right and prohibiting what is wrong

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The Federal Constitution

grants authority to the three federal branches of government to create, enforce, and interpret laws, rules, and regulations

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Each of the constitutions in the 50 states

grant authority to their respective branches of government to create, enforce, and interpret requirements specific to their state.

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statute

a law enacted by a legislature or legislative body

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The federal legislative body

the U.S. Congress, made up of the U.S. Senate and U.S. House of Representatives

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Bill

Legislation seeking to create a new law

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statute

bill is passed it becomes a ____

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Municipal governments

include such entities as counties, parishes, cities, towns, and villages.

• Also known as local governments; pass ordinances and local laws to regulate and control activities specific to their communities.

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Judicial branches of government

(the courts) interpret statutory laws passed by the legislative branches of government and render decisions and opinions known as case law

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Appellate courts

consider appeals from cases already heard in a trial (lower) court.

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Case law

defined as appellate court decisions based on custom, usage, and prior decisions

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The federal court system has three levels:

1. District Courts (the trial courts).

2. Circuit Courts (first level of appeal).

3. Supreme Court of the United States (highest level of appeal)

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94

There are currently ___ U.S. District Courts,

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13

there are currently ___ U.S. Circuit (appeal) Courts

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one

There are currently ___ Supreme Courts

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a Supreme Court.

In 48 states the highest court of appeals is called ____

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a Court of Appeals

In New York and Maryland, the highest court is called ____

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Common law is derived from a court review of:

• Custom,

• Practice,

• Judicial rulings and decisions, and

• Established case law

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judge-made law

Common law may be referred to as ____ because of it originates in the judicial branches of governments

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The executive branch of a government:

• Functions through administrative agencies.

• Enhances and supports statutory laws by writing companion rules and regulations known as administrative law.

• Enforces administrative laws (rules and regulations).

• Issues advisories, opinions, orders, and decisions relevant to statutory and administrative laws, rules, and regulations

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The Executive Branch of the federal government

_____ writes rules and regulations, known collectively as the Code of Federal Regulations (CFR)

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Federal Trade Commission

The Funeral Rule is an administrative law (federal regulation) written by the ______.

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Each of the 50 states have administrative agencies that:

• Create and enforce administrative laws.

• Further define and reinforce state statutory laws.

• Issue opinions, guidance, and information to the public.