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What are the Sources of Law?
United States (Federal) Government
State Government
Municipal Government
What does the municipal government apply to?
a city/town
What are the three levels of the U.S. Constitution?
Legislative (Congress)
Executive (President)
Judicial (Supreme Court)
What are the three levels of the State Constitution?
Legislative (Legislature, Assembly)
Executive (Governor)
Judicial (Supreme Court)
What are the three levels of Municipal Charters?
Legislative (County/City/Town Council)
Executive (Mayor)
Judicial (County/City Courts)
What do businesses need to know?
How a law is interpreted and applied
What do each of these branches of government at their own level create?
Their own type of law
What is the Legislative branch made up of?
Senate, House of Representatives
Creates laws
Delegates power to the executive and judicial branches
What is the Executive branch made up of?
President
Agencies
Government Corps., Boards, Commissions, Committees
Executes/Enforces laws
What is the Judicial branch made up of?
Supreme Court
Courts of Appeals
District (Trials) Courts
Specialty Courts
Adjudicates individual cases by interpreting and applying laws
What is the Legislative part of the U.S. Constitution made up of?
Treaties
Statutes
What is the Executive part of the U.S. Constitution made up of?
Executive Orders
Administrative Rules/Regulations
What is the Judicial part of the U.S. Constitution made up of?
Precedent
What is the Legislative part of State Constitutions made up of?
Statutes
What is the Executive part of State Constitutions made up of?
Executive Orders
Administrative Rules/Regulations
What is the Judicial part of State Constitutions made up of?
Precedent
What is the Legislative part of Municipal Charters made up of?
Ordinances
What is the Executive part of Municipal Charters made up of?
Executive Orders
Administrative Rules/Regulations
What is the Judicial part of Municipal Charters made up of?
Precedent
If it’s not created by the government, then…?
It’s not a law
What is a treaty?
An agreement between countries (can’t be between a state and a country)
Where do executive orders come from?
Come directly from the head of the executive branch
What are some common words associated with the executive branch?
Agency or Department
What is Precedent treated as?
A federal regulation
What are ordinances like?
A local statute
What is the Priority of Legal Authority for Federal Law?
U.S. Constitution
Federal Statute or Treaty (whichever is most recent)
Federal Executive Orders
Federal Executive (Administrative) Rules & Regulations
What is the Priority of Legal Authority for State Law?
State Constitution
State Statute
State Executive Orders
State Executive (Administrative) Rules & Regulations
What is the Priority of Legal Authority for Municipal Law?
Municipal Charter
Municipal Ordinance
Municipal Executive Orders
Municipal Executive (Administrative) Rules & Regulations
Common Law
What are the methods used to interpret the meaning of laws?
Plain Meaning
Legislative History and Intent
Prior Interpretations
General Public Purpose
Maxims
What is Plain Meaning?
Interpret laws according to the commonly accepted meaning of the words used in the law
What is Legislative History and Intent?
Interpret laws by looking at the history of the law and the intent of those who created it
What is Prior Interpretations?
Interpret laws based on how others (courts, agencies) have interpreted the law in prior cases
What is General Public Purpose?
Interpret laws in accordance with broad, general public policy goals
What is Maxims?
Interpret laws using general “rules of thumb”
What is Case-Law Reasoning?
The process of deciding current cases based on the reasoning in prior cases
What is Precedent?
A rule or reasoning established in a prior case that is either binding or non-binding (persuasive) for a court deciding a subsequent case involving the same legal issue
What is Binding Precedent?
Prior decisions by the same court and/or any of its reviewing courts
What is Non-Binding Precedent?
Prior decisions by other courts that are not the same court and/or any of its reviewing courts
What is Stare Decisis?
Doctrine that courts should decide current cases by following binding precedent, unless the court can distinguish or overrule the prior decision
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Flashcard (116)