Chapter 1: Sources & Building Blocks of Law (Vocabulary)

Vocabulary flashcards covering Chapter 1 topics: sources of law, types of constitutions, different branches, forms of legislation, common and civil law concepts, precedent, and notable cases.

Constitution

The fundamental and supreme law of the land; oldest written constitution; general principles rather than specific rules; establishes the three branches of government.

Branches of government

The Executive, Legislative, and Judicial branches outlined in the Constitution that divide governmental powers.

State Constitution

Highest form of law within a state; does not override federal law; typically more detailed than the federal Constitution.

General Assembly

State legislative body responsible for creating statutes (laws).

Governor

State executive official who heads the executive branch.

Statutes

Laws enacted by legislatures; the primary form of statutory law; lawmaking is intentionally slow.

Bicameral Legislature

A two-house legislature (e.g., Senate and House); common at federal and state levels, except Nebraska.

Referendum

A process by which voters directly approve or reject a statute or proposed law; not available in SC.

Initiative

A process allowing voters to propose legislation directly for a vote.

Zombie Laws

Old, outdated laws that remain on the books, rarely enforced, and usually unlikely to be applied.

Common Law

Law developed from court decisions and precedent (judge-made law); contrasts with civil law.

Precedent

Earlier court decisions that resolve similar cases and guide future rulings.

Stare Decisis

Latin for "let the decision stand"; principle that courts follow prior decisions.

Distinguishing

Judicial method to deviate from a prior decision by showing relevant differences in the cases.

Judge-made Law

Law that arises from judicial decisions and interpretations in common law systems.

Civil Law

A legal system based on codifications and general rules rather than case-by-case precedent.

Louisiana Civil Law

Louisiana’s state-level civil law with heavy French influence; differs from other states’ systems.

Codification

Systematic arrangement of laws into codes (e.g., Civil Code).

Subsumption

Applying a general rule to a concrete case.

Plessy v. Ferguson

1896–1954 case establishing "separate but equal"; later overturned as unconstitutional.

Brown v. Board of Education

1954 decision holding that separate educational facilities are inherently unequal.

Lawrence v. Texas

2003 decision overturning Bowers v. Hardwick; bans on same-sex intimate relations unconstitutional.

Bowers v. Hardwick

1986 decision upholding laws banning same-sex intimate relations; later overturned by Lawrence.

Roe v. Wade

1973 decision recognizing a constitutional right to abortion; widely debated and central to abortion rights discourse.

Nebraska unicameral

Nebraska is the only U.S. state with a single (unicameral) legislature.

Alabama Constitution

An example cited of a state constitution that is unusually detailed.