Health Law and Policy Week 1 Readings

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<p><span data-name="arrow_right" data-type="emoji">โžก</span> What is <strong>Branch 1 of the U.S. Government</strong>? <span data-name="flag_us" data-type="emoji">๐Ÿ‡บ๐Ÿ‡ธ</span><span data-name="scales" data-type="emoji">โš–</span><span data-name="scroll" data-type="emoji">๐Ÿ“œ</span></p>

โžก What is Branch 1 of the U.S. Government? ๐Ÿ‡บ๐Ÿ‡ธโš–๐Ÿ“œ

๐ŸŒŸ Legislative Branch ๐ŸŒŸ
๐Ÿ› U.S. Congress made up of:

  • ๐Ÿ‘ฉโ€โš– 100 Senators (2โƒฃ per state ๐Ÿ—บ)

  • ๐Ÿง‘โ€๐Ÿคโ€๐Ÿง‘ 435 Representatives (based on population ๐Ÿ‘ฅ๐Ÿ“Š)

Primary Function: โœ๐Ÿ“œ
โœ… Making laws

Other Responsibilities:
โš– Approving federal judges & justices ๐Ÿ‘จโ€โš–
๐Ÿ’ฐ Passing the national budget ๐Ÿ’ต๐Ÿ“Š
โš” Declaring war ๐Ÿ’ฃ๐Ÿช–

<p><span data-name="glowing_star" data-type="emoji">๐ŸŒŸ</span> <strong>Legislative Branch</strong> <span data-name="glowing_star" data-type="emoji">๐ŸŒŸ</span><br><span data-name="classical_building" data-type="emoji">๐Ÿ›</span> U.S. Congress made up of:</p><ul><li><p><span data-name="woman_judge" data-type="emoji">๐Ÿ‘ฉโ€โš–</span> <strong>100 Senators</strong> (<span data-name="two" data-type="emoji">2โƒฃ</span> per state <span data-name="world_map" data-type="emoji">๐Ÿ—บ</span>)</p></li><li><p><span data-name="people_holding_hands" data-type="emoji">๐Ÿง‘โ€๐Ÿคโ€๐Ÿง‘</span> <strong>435 Representatives</strong> (based on population <span data-name="busts_in_silhouette" data-type="emoji">๐Ÿ‘ฅ</span><span data-name="bar_chart" data-type="emoji">๐Ÿ“Š</span>)</p></li></ul><p><strong>Primary Function:</strong> <span data-name="writing_hand" data-type="emoji">โœ</span><span data-name="scroll" data-type="emoji">๐Ÿ“œ</span><br><span data-name="check_mark_button" data-type="emoji">โœ…</span> Making laws</p><p><strong>Other Responsibilities:</strong><br><span data-name="scales" data-type="emoji">โš–</span> Approving federal judges &amp; justices <span data-name="man_judge" data-type="emoji">๐Ÿ‘จโ€โš–</span><br><span data-name="moneybag" data-type="emoji">๐Ÿ’ฐ</span> Passing the national budget <span data-name="dollar" data-type="emoji">๐Ÿ’ต</span><span data-name="bar_chart" data-type="emoji">๐Ÿ“Š</span><br><span data-name="crossed_swords" data-type="emoji">โš”</span> Declaring war <span data-name="bomb" data-type="emoji">๐Ÿ’ฃ</span><span data-name="military_helmet" data-type="emoji">๐Ÿช–</span></p>
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โžก What is Branch 2 of the U.S. Government? ๐Ÿ‡บ๐Ÿ‡ธโš–๐Ÿ“œ What is Branch 2 of the U.S. Government? ๐Ÿ‡บ๐Ÿ‡ธโš–๐Ÿ“œ

โšก๐Ÿ‘” Executive Branch (The Enforcers) โšก๐Ÿ˜Ž

๐Ÿ‘‘ Led by: The President ๐Ÿ‡บ๐Ÿ‡ธ + Vice President ๐ŸŽฉ

๐Ÿ“ Job: Enforce/carry out the laws ๐Ÿ“œโžกโœ… that Congress creates ๐Ÿ›

๐Ÿค The President has a Cabinet (think: expert sidekicks ๐Ÿฆธโ€โ™‚๐Ÿฆธโ€โ™€๐Ÿ‘ฉโ€๐Ÿ”ฌ) who help withโ€ฆ

  • ๐Ÿ›ก Defense

  • ๐Ÿ’ต Money

  • ๐Ÿ”’ Security

Other Powers of the Executive Branch:

  • ๐Ÿ‘ฉโ€๐Ÿ’ผ Picks government officials

  • ๐Ÿช– Runs the military (the ultimate job of a Commander-in-Chief ๐Ÿ’ช)

  • ๐ŸŒ Talks & makes deals with leaders of other countries ๐ŸŒ๐Ÿค

This branch is HUUUUGE ๐Ÿ“ˆโ€”over 4 million people ๐Ÿ˜ฑ work in it! Thatโ€™s more than enough to start a mini nation of government workers ๐Ÿ‘ฅ๐Ÿ‘ฅ๐Ÿ‘ฅ๐Ÿ‘ฅ๐Ÿ‘ฅ (imagine โ€œBureaucracy Landโ€ ๐ŸŽก๐Ÿ˜‚).

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โžก What is Branch 3 of the U.S. Government? ๐Ÿ‡บ๐Ÿ‡ธโš–๐Ÿ“œ What is Branch 2 of the U.S. Government? ๐Ÿ‡บ๐Ÿ‡ธโš–๐Ÿ“œ

โš–๐Ÿ‘ฉโ€โš–๐Ÿ‘จโ€โš– Courts in the U.S.

  • ๐Ÿ› All the courts in the U.S. โ€” and the big boss of them all: The Supreme Court! ๐Ÿ‘‘๐Ÿ“œ

  • ๐Ÿ“š Their job? ๐Ÿ‘‰ To interpret the laws. That means:
    ๐Ÿ” figuring out what the laws actually mean โœจ
    ๐Ÿ›ก deciding if theyโ€™re fair and constitutional.

  • ๐Ÿšจ They also:
    ๐Ÿ‘ฎ punish rule-breakers
    ๐Ÿค settle big fights (like when two states get into a โ€œhe said, she saidโ€ argument ๐ŸฅŠ๐Ÿž).

  • ๐Ÿ‘ฉโ€โš–๐Ÿ‘จโ€โš– The Supreme Court has 9 justices (thatโ€™s like 9 law superheroes ๐Ÿฆธ๐Ÿฆธโ€โ™€).

    • โšก They get the job for life! (unless they retire or quit ๐Ÿ–).

    • Imagine having a job where you can NEVER be firedโ€ฆ ๐Ÿ˜…
      Dream job? ๐ŸŒˆ Or total nightmare? ๐Ÿ˜ฑ

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Why This Matters, knowing the 3 branches of government and how they work. Well the 3 branches are there to prevent any one of them from getting too powerful.

For democracy to work, citizens (yep, thatโ€™s you and me! ๐Ÿ™‹๐Ÿ™‹โ€โ™‚) need to understand how things run. ๐Ÿ—ณ

At some point, youโ€™ll bump into governmentโ€”whether itโ€™s voting ๐Ÿ—ณ, serving on a jury โš–, or even writing โœ to Congress about something you care about.

Think of it like a giant โ€œpower puzzleโ€ ๐Ÿงฉ: the more you know, the better you can join the team ๐Ÿ‘Š instead of sitting on the sidelines. ๐ŸŸ๐Ÿ’ช

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What Are Statutes? ๐Ÿ›๐Ÿ“–๐Ÿ“

๐Ÿ‘‰ Statutes = laws that lawmakers write.

  • Written by Congress ๐Ÿ› or state legislatures ๐Ÿ—ฝ.

  • Stuck in books ๐Ÿ“š forever (unless changed โœ or deleted โŒ).

  • ANYONE can read them ๐Ÿ‘“๐Ÿ“–.

๐Ÿ’ก Easy way to think: A statute is like a โ€œrecipe ๐Ÿ“œ๐Ÿ‘ฉโ€๐Ÿณโ€ made by lawmakers for everyone to follow ๐Ÿฒ.

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How Do Statutes Change? ๐Ÿ”„๐Ÿ™‹โœโŒ

  • Statutes stay the same ๐Ÿ‘ด unless lawmakers change ๐Ÿ“ or remove ๐Ÿšฎ them.

  • Statutes donโ€™t update themselves magically ๐ŸŽฉโœจ.

Example: Too many speed demons ๐ŸŽ๐Ÿ’จ โ†’ new statute says "Drive slower ๐Ÿšฆ๐ŸŒ."

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Statutes Look Forward โฉ๐Ÿ”ฎ

  • Laws = future-focused ๐ŸŒžโžก๐Ÿ‘ฃ.

  • They donโ€™t punish you for the past โฎ๐Ÿšซ.

Example:

  • Old speed limit = 65 ๐Ÿš—๐Ÿ’จ.

  • New speed limit = 50 ๐Ÿข.

  • You wonโ€™t get in trouble for driving 65 yesterday ๐Ÿ—“.

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Who Do Statutes Apply To? ๐Ÿ‘ฅ๐ŸŒโš–

  • Statutes apply to big groups of people ๐Ÿ‘ฉโ€๐Ÿ‘ฉโ€๐Ÿ‘งโ€๐Ÿ‘ฆ.

  • Example: A driving law ๐Ÿšฆ applies to all drivers ๐Ÿš—๐Ÿš™๐Ÿš•๐Ÿšš, not just one person.

๐Ÿ’ก Like a school rule ๐Ÿซ๐Ÿ“โ€”not just for YOU, but for the whole class ๐Ÿ‘ฉโ€๐ŸŽ“๐Ÿ‘จโ€๐ŸŽ“.

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Politics Behind Statutes ๐Ÿ—ณ๐ŸŽค๐ŸŽ‰

  • Lawmakers โœ make statutes after talking ๐Ÿ’ฌ and voting โœ….

  • If people ๐Ÿ˜ก hate a law (too many tickets ๐Ÿš”๐Ÿงพ), lawmakers can change it ๐Ÿ”ง.

  • Voters = boss ๐Ÿ‘‘.

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Statutes Can Be Vague ๐Ÿค”๐Ÿ˜…๐Ÿ”

  • Sometimes laws are written too generally ๐ŸŒ€.

  • Judges ๐Ÿ‘ฉโ€โš– step in to explain what the law really means ๐Ÿ“–โžก๐Ÿง .

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Funny Example โ€“ Slipping on Ice ๐ŸงŠ๐Ÿ˜‚๐Ÿ™ˆ

Law says: โ€œIf you slip on snow or ice โ„๐ŸงŠ, you must sue in 30 days โฑ.โ€

Story:

  • Wendy ๐Ÿ‘ง slips onโ€ฆ an ice cube ๐Ÿฅค๐ŸงŠ in Leonardโ€™s kitchen ๐Ÿฝ.

  • She sues 2 months later ๐Ÿ“†.

  • Leonard says โŒ: โ€œToo late! Ice is ice!โ€

  • Wendy says โœ…: โ€œNah, the law meant SNOW โ„ outside, not ice cubes in kitchens.โ€

  • Judge agrees with Wendy ๐Ÿ‘ฉโ€โš–๐Ÿ‘.

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Judges = Law Interpreters ๐Ÿ”Ž๐Ÿ‘จโ€โš–๐Ÿ‘ฉโ€โš–

  • Lawmakers ๐Ÿ› make the law ๐Ÿ“–.

  • Judges ๐Ÿ‘ฉโ€โš– donโ€™t make new ones โŒโ€”they just decide what the words mean ๐Ÿ—ฃโžกโ“.

  • Once the high court ๐Ÿ” decides, all lower courts ๐Ÿ›ค must follow.

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Tricky Cases ๐ŸŽญ๐Ÿคฏ

Example:

  • Somebody slips on fake snow ๐ŸŽฟโ„ at a ski resort โ›ท.

  • Judge must decide ๐Ÿค”: "Does fake snow count as snow??" ๐Ÿง

Thatโ€™s why laws need judges ๐Ÿ”Žโš–!

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๐ŸŽฏ SUPER EASY BIG IDEA ๐Ÿ’กโœจ Statutes ๐Ÿ›๐Ÿ“–๐Ÿ“

Statutes = written laws ๐Ÿ“š๐Ÿ›.

  • Made by lawmakers โœ๐Ÿ‘จโ€โš–

  • Stay the same until changed ๐Ÿ”„

  • Look forward, not backward โฉ

  • Apply to groups ๐Ÿ‘ฅ, not one person

  • Judges help explain what they mean ๐Ÿ”

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โš– What is Common Law?

๐Ÿ‘ฉโ€โš– Common Law is law made by judges in court cases.
๐Ÿง‘โ€๐Ÿคโ€๐Ÿง‘ It comes from traditions, customs, and past rulings.
๐Ÿ‡ฌ๐Ÿ‡ง America borrowed it from England!

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๐Ÿ‚ Whatโ€™s the old oxcart story about?

A long time agoโ€ฆ
๐Ÿ‘‰ Someone got hit by an oxcart ๐Ÿ‚๐Ÿ›’.
๐Ÿ‘‰ Instead of fighting โš”, they went to a JUDGE ๐Ÿ‘จโ€โš–.
๐Ÿ‘‰ Judges made rules to keep things fair.
That was the start of common law! ๐ŸŽ‰

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โš– Who brings a case to court?

๐Ÿ‘ฉโ€๐ŸŒพ The injured person = the Plaintiff (the one who complains).
๐Ÿ‚ The accused = the Defendant (the one being blamed).

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๐Ÿ›‘ Why did the judge rule for the injured person in the oxcart case?

Because:
1โƒฃ The driver created danger ๐Ÿ‚๐Ÿ’จ.
2โƒฃ The driver had a duty to act like a reasonable person ๐Ÿ‘€.
3โƒฃ A reasonable person would have STOPPED before turning. ๐Ÿ›‘

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๐Ÿ“ What rules came out of the oxcart case?

1โƒฃ If you create danger, you owe a duty to others ๐Ÿšจ.
2โƒฃ You must act like a reasonable person, not a superhero ๐Ÿฆธ.
(Example: Drivers must act safely ๐Ÿš—๐Ÿด).

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๐Ÿ“œ How is common law different from statutes (laws made by legislators)?

๐Ÿ‘ฉโ€โš– Judges: Decide disputes already brought to them. They look backward at real cases โณ.
๐Ÿ‘ฉโ€๐Ÿ› Legislators: Can make new rules anytime (look forward). ๐Ÿš€

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๐Ÿ”‘ What are the 3 key features of Common Law?

1โƒฃ Judges only handle disputes people bring to court โš–.
2โƒฃ Rules are based on specific facts (canโ€™t make up random rules ๐ŸŽฒ).
3โƒฃ It balances stability ๐Ÿฐ and flexibility ๐Ÿคธ depending on new situations.

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๐Ÿ“ˆ What is a precedent?

A precedent is a rule set by higher courts ๐Ÿ›.
๐Ÿ“œ Lower courts must follow it.
โœ… This makes law more predictable and stable.

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๐Ÿข Does common law change quickly or slowly?

๐Ÿข Slowly!
Judges prefer small changes over time.
โœ” This helps keep rules predictable, but still allows little tweaks!

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๐Ÿค” Whatโ€™s the hardest part about common law?

Interpreting how specific or general a rule is! ๐Ÿคฏ
(but the more cases you read, the easier it is to predict ๐Ÿง โœจ).

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๐Ÿ‘‰ What is stronger: statutes or common law? โšก

๐Ÿ“œ Statutes ALWAYS beat common law! ๐Ÿš€
If a statute (law made by legislature) talks about an issue, it controls the rule.
โžก Common law (court-made rules) must step aside ๐Ÿ˜….

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๐Ÿ‘‰ Who can change common law? ๐Ÿ‘ฉโ€โš–๐Ÿ‘จโ€โš– vs. ๐Ÿ›

๐Ÿ› Legislatures (lawmakers) can change common law by passing statutes (laws).
๐Ÿ‘จโ€โš– Courts create rules through decisions,
but ๐Ÿ’ฅ Boom! A new statute can override that rule instantly!

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๐Ÿ‘‰ Example: Doctors & Informed Consent ๐Ÿฉบโœ

๐Ÿ˜ท Court says โžก "Doctors must get patientsโ€™ consent before procedures."
โœ” That becomes a common law rule.

๐Ÿ’ฅ But legislature says โžก "Doctors do NOT need consent at all."
๐ŸฅŠ Statute wins, common law out!

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๐Ÿ‘‰ What happens to old common law when a statute is passed? โณโŒ

๐Ÿšฎ The statute erases the old court-made rule.
๐Ÿ‘ฉโ€โš– Judges must follow the new statute,
even if they liked their old ruling better ๐Ÿคท.
โšก Courts cannot change a statute (unless itโ€™s unconstitutional).

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๐Ÿ‘‰ Can the court ignore a statute? ๐Ÿ™…โ€โ™‚โš–

โŒ Nope! Courts are powerless against statutes ๐Ÿ˜ฎ.
Only if the statute violates the constitution ๐Ÿ—ฝ can a court strike it down โ—โœจ

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๐Ÿ‘‰ Whatโ€™s the golden rule of statutes vs. common law? ๐ŸŒŸ

๐Ÿ“œ Statute > Common Law every. single. time. โœ”
๐Ÿ› Legislature = Boss of the rules.
๐Ÿ‘ฉโ€โš– Courts = Must obey statutes (unless unconstitutional).
๐Ÿ‘ Simple as that!

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What IS a Constitution?

๐Ÿ‘‰ A Constitution = the highest law ๐Ÿ“œ๐Ÿ” in a place (like the U.S. or each state).
๐Ÿ‘‰ Itโ€™s like the rulebook for government ๐Ÿ›!
๐Ÿ‘‰ Main job: Sets up the structure of government โš–

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The U.S. & State Constitutions

๐Ÿ‡บ๐Ÿ‡ธ U.S. has 1 federal Constitution
๐Ÿ™ Each state has its own constitution
Both create the blueprint of how government works ๐Ÿ‘ทโ€โ™‚๐Ÿ—

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What Does a Constitution Do?

1โƒฃ Says who has power (executive, legislative, judicial)
2โƒฃ Explains how power works (laws, rules, duties)
3โƒฃ Gives qualifications for leaders (example: Prez must be 35+ years & natural-born ๐Ÿ‡บ๐Ÿ‡ธ๐Ÿ‘ถ)

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Example โ€“ Making Laws ๐Ÿ›โœ

โœ… A bill โ†’ must pass House + Senate + Presidentโ€™s approval to become law
๐Ÿ“œ Why? U.S. Constitution requires it! (Art I, Sec 7 [2])

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The "Supremacy Rule" ๐Ÿ‘‘

๐Ÿ‘‰ U.S. Constitution = highest law of the land ๐ŸŒŽ๐Ÿ“œ
โŒ Any law that conflicts with it = VOID (unconstitutional)
โœ” Federal beats State.
โœ” U.S. Constitution beats State Constitutions.

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Individual Rights ๐Ÿง‘โ€โš–๐Ÿ›ก

๐Ÿ‘‰ Constitution protects people from government actions ๐Ÿšจ (not private individuals).
โš  Example:

  • Police ๐Ÿš“ = must have a warrant to search your house ๐Ÿก๐Ÿ”

  • But if your neighbor breaks in? Thatโ€™s NOT a constitutional violation ๐Ÿ™…โ€โ™‚ (itโ€™s justโ€ฆ trespassing, aka them being crazy ๐Ÿ˜…).

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Famous Amendments ๐ŸŽค๐Ÿ”Ž

  • 1st Amendment = ๐ŸŽค Freedom of Speech (against govโ€™t, not private businesses)

  • 4th Amendment = ๐Ÿก Protection from unreasonable searches/seizures

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Who Can Kill a Bad Law? ๐Ÿ’€โš–

๐Ÿ‘‰ COURTS can strike down laws if unconstitutional ๐Ÿ›๐Ÿšซ
BUT ๐Ÿšจ only if someone brings a case ๐Ÿ“ข
๐Ÿ‘‰ Until then, even unconstitutional laws can be โ€œon the booksโ€ (yikes ๐Ÿ˜ฌ)

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Example of Striking Down ๐Ÿ“ขโš–

If a state passed a law saying:
๐Ÿšซ "No one can share info about birth control" ๐Ÿ˜ฏ
๐Ÿ‘‰ A court would strike it down โ›” because it violates free speech (1st Amendment)!

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โ“ What are regulations? ๐Ÿ›

๐Ÿ“ Regulations = rules ๐Ÿ“œ made by administrative agencies (part of the government ๐Ÿ‘ฉโ€โš–๐Ÿข).
๐Ÿ‘‰ They tell us how certain activities must be done โœ… or not done โŒ.
๐Ÿ’ก Example: Health departments regulating how clean restaurants ๐Ÿ”๐Ÿฅ— must be.

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โ“ What is an administrative agency?๐Ÿข

๐Ÿ‘ฉโ€๐Ÿ’ผ Theyโ€™re government organizations created by laws (statutes) ๐Ÿ“š.
โšก They have special powers to regulate โš™ certain topics (like health ๐Ÿฅ or safety ๐Ÿฆบ).
๐Ÿ’ก Example: OSHA = worker safety ๐Ÿ› .

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โ“ Who creates agencies & gives them power?๐Ÿ“œ

๐Ÿ‘ฉโ€โš– Legislatures (Congress ๐Ÿ› or state lawmakers) create them.
๐Ÿ’ก An agency can only do things lawmakers say it can โœ….
If it tries to do more โžก ๐Ÿšจ itโ€™s โ€œexceeding its authorityโ€ = INVALID โš โŒ.

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โ“ Why couldnโ€™t the FDA regulate tobacco at first? ๐Ÿšฌ

๐Ÿ™… Congress only gave FDA authority over food ๐Ÿ, drugs ๐Ÿ’Š, and cosmetics ๐Ÿ’„.
๐Ÿšฌ Tobacco was NOT included originally.
๐Ÿ‘จโ€โš– Supreme Court said FDAโ€™s tobacco rules = VOID โš–โŒ.
๐Ÿ‘‰ But in 2009, Congress changed the law โœ… and gave FDA tobacco authority ๐ŸšฌโžกFDA.

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โ“ Are regulations like laws? โš–

YES! ๐Ÿ™Œ
๐Ÿ“œ Regulations have the force of law โš–.
๐Ÿšซ If you break them โ†’ penalties/punishments ๐Ÿ’ธ๐Ÿ‘ฎ (set in the statutes that created the agency).
โณ They stay in effect unless a court ๐Ÿ› says the agency didnโ€™t actually have the power.

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โ“ Whatโ€™s the difference between guidance and regulations? ๐Ÿ’ก

๐Ÿ“‘ Guidance = helpful advice ๐Ÿ—’ agencies give to explain laws.
๐Ÿ™Œ They make things easier to understand.
BUT โš  guidance โ‰  law.
โžก No penalties for ignoring it โŒโšก

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๐Ÿ‘‰ What is "Jurisdiction"? ๐Ÿ—บ

โš– Jurisdiction = The area ๐ŸŒ where a law can be enforced.
Example: Massachusetts canโ€™t tell people in Montana what to do ๐Ÿฎโ›ฐ. BUT if a Montanan enters Massachusetts โ†’ BAM! ๐Ÿ‘ฎ The law applies.

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๐Ÿ‘‰ Who has legal authority over you in the U.S.? ๐Ÿ‡บ๐Ÿ‡ธ ๐Ÿ›

๐Ÿ“Œ ALWAYS under at least 2 governments:
1โƒฃ Federal ๐Ÿ‘”
2โƒฃ State ๐ŸŒ„

PLUS โž• City ๐Ÿ™ and/or County ๐Ÿก laws apply too.
๐Ÿค“ So basically โ†’ lots of bosses!

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๐Ÿ‘‰ Do all states have the same laws? ๐Ÿ‘ถ

โŒ Nope! Each state is a little different ๐Ÿงฉ.
Example: Child abuse reporting laws ๐Ÿ‘ถ๐Ÿšจ โ†’ all states require it, but rules vary:
๐Ÿ‘ฉโ€โš• Who has to report?
๐Ÿ“– What counts as abuse?
Answer changes depending on jurisdiction ๐Ÿ”‘.

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๐Ÿ‘‰ What is subject matter jurisdiction? ๐Ÿ’ผ

Itโ€™s about ๐Ÿ‘‰ what a court or government is allowed to deal with โš–๐Ÿ“‚.
Examples:
โœ… Federal gov can tax your income ๐Ÿ’ต and punish you if you donโ€™t pay federal taxes ๐Ÿ˜ฌ.
โŒ Federal gov CANNOT punish you for not paying state taxes ๐Ÿž.

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๐Ÿ‘‰ Do criminal courts and civil courts handle the same cases? ๐Ÿš”

Nope โŒ.
๐Ÿ‘ฎ Criminal court = handles crimes (theft, assault, etc.)
๐Ÿง‘โ€โš– Civil court = handles lawsuits between people or companies (like suing your neighbor for destroying your garden ๐ŸŒฑ๐Ÿถ).

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๐Ÿ‘‰ Key Takeaway about Jurisdiction?

Jurisdiction = WHO has the power โšก and WHERE ๐ŸŒ they have it.

Jurisdiction = The limits of legal power (based on geography ๐Ÿ—บ and subject ๐Ÿ“‚).

  • Place โžก State, Federal, City laws ๐ŸŒ†

  • Subject โžก Type of case (tax, crime, civil) ๐Ÿ“‚

๐Ÿ’ก Always check which set of rules applies before making moves ๐Ÿ˜Ž.

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What does โ€œsovereignโ€ mean? ๐Ÿ‘‘

๐Ÿ‘‰ "Sovereign" = a supreme ruler (like a king, queen, or monarch) ๐Ÿ‘ธ๐Ÿคด.
๐Ÿ‘‰ In America, states are called "sovereign" because they originally had all the power to make their own laws ๐Ÿ›๐Ÿ“œ.
๐Ÿ‘‰ Before the U.S., each state acted like its own mini-country ๐ŸŒŽ!

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What powers did states originally have? ๐Ÿดโžก

โœ… Make their own laws ๐Ÿ“–
โœ… Print money ๐Ÿ’ต
โœ… Enter into treaties ๐Ÿค๐ŸŒ
โœ… Raise armies ๐Ÿช–๐Ÿ”ซ
๐Ÿ‘‰ Basically, they were little independent countries! ๐Ÿ‡ซ๐Ÿ‡ท ๐Ÿ‡ช๐Ÿ‡ธ ๐Ÿ‡ฉ๐Ÿ‡ช

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What kind of powers does the federal government have? ๐Ÿ›๐Ÿ‡บ๐Ÿ‡ธ

๐Ÿ’ก The federal government does NOT have sovereign powers ๐Ÿ˜ฒ.
๐Ÿ‘‰ It only has delegated powers = powers given to it by the states ๐Ÿ“œ๐Ÿ–Š.
๐Ÿ“ These are called enumerated powers (powers "listed" in the Constitution). ๐Ÿ“–๐Ÿ‡บ๐Ÿ‡ธ

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What powers did states give to the federal government? ๐Ÿ›๐Ÿ’ช

The states said: "Here, U.S. gov, YOU take care of this โฌ‡"
โœ… Enter treaties with other countries ๐ŸŒ๐Ÿค
โœ… Raise armies ๐Ÿช–โš”
โœ… Print money ๐Ÿ’ต๐Ÿ’ต๐Ÿ’ต
๐Ÿ˜Ž Butโ€ฆ states kept many other powers for themselves!

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Who has more power โ€“ states or the federal gov?โš–

๐Ÿ‘‰ STATES can do anything, except powers they specifically handed over to the federal government ๐Ÿ—.
๐Ÿ‘‰ The FEDERAL GOV can ONLY do whatโ€™s listed in the Constitution โœ๐Ÿ“œ.
But ๐Ÿ‘€โ€ฆ those listed powers can still be used in BIG ways! ๐Ÿš€

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Federal powers in health care ๐Ÿฅโค๐Ÿ“Š

The federal government often uses:
๐Ÿ’ฐ Power to tax & spend (ex: Medicare, Medicaid) ๐Ÿฉบ
๐Ÿ“ฆ Power to regulate commerce (trade, products, medicine across states) ๐Ÿ›’๐Ÿšš
๐Ÿ‘‰ Thatโ€™s how it gets involved in healthcare ๐Ÿฉป๐Ÿ’‰๐Ÿ’Š!

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๐ŸŒŸ Super-Simple Summary ๐ŸŒŸ Federal versus State Authority

  • States started out like independent countries ๐ŸŒŽโœˆ.

  • They gave some of their powers to the federal government ๐Ÿ›.

  • Federal government = limited powers (only whatโ€™s in the Constitution) ๐Ÿ“œ.

  • States = keep everything else ๐Ÿ’ช.

  • Both still play BIG rolesโ€”but in different ways ๐Ÿ‘ฏโ€โ™‚.

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๐ŸŽด What are RIGHTS? ๐Ÿƒ

๐Ÿ‘‰ Most people say "rights" too loosely ๐Ÿ™ƒ. Here, we mean legal rights.
โš– A legal right = an enforceable benefit or good.
๐Ÿ’ช "Enforceable" = if you go to court ๐Ÿ› and youโ€™re deprived of that right, you can win! ๐ŸŽ‰

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Rights come with obligations

โžก If someone has a right, another person has a duty ๐Ÿ˜ฌ.
๐Ÿ‘ฉ๐Ÿฝ: โ€œI have the right not to be discriminated against!โ€
๐Ÿจ Hotel Owner: โ€œThat means I must not discriminate!โ€

๐Ÿ‘ฉ๐Ÿฝ gets a right โœ”, hotel owner gets a duty โœ”.

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Discrimination in Hotels ๐Ÿจ๐Ÿšซ

๐Ÿ“œ Law says: No racial discrimination in public accommodations.
โžก That gives every person the right ๐Ÿšท not to be discriminated against by hotels.
If the hotel ๐Ÿšช refuses you because of race, you can:
โš” Sue them for money damages ๐Ÿ’ฐ
or
๐Ÿ›‘ Get a court order telling them to stop ๐Ÿšท.

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Where do Rights come from? ๐Ÿ“–โœจ

All rights are born from specific laws ๐Ÿผ๐Ÿ“œ:

  • ๐Ÿ› Constitution

  • ๐Ÿ“˜ Statutes (laws passed by legislatures)

  • ๐Ÿ“š Common law (judge-made law)

  • โš™ Regulations (agency rules)

โš  You must always say the source of your right ๐Ÿ‘ˆ.
Not just โ€œI have a right!!โ€ ๐Ÿ™„ โ†’ Instead: โ€œI have a right because of this statute/law ๐Ÿ’ฏ.โ€

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Rights are LIMITED ๐ŸŽฏ

Laws donโ€™t give rights in a vague, blanket way โ–ช.
They say:
๐Ÿ‘ฉ Who is protected
๐Ÿ‘จ Who has obligations
๐Ÿ“ When & how rights apply

โœ… Example: Hotel law only covers lodging ๐Ÿจ, not jobs ๐Ÿ‘ฉโ€๐Ÿ’ผ or gender discrimination ๐Ÿšบ.
Other statutes cover those things! ๐Ÿ‘Œ

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The Bill of Rights ๐Ÿ‡บ๐Ÿ‡ธ๐Ÿ“œ

๐Ÿ‘‰ The Bill of Rights = rights against government ๐Ÿ›.
โŒ They do NOT protect you against private people or companies ๐Ÿ‘”.
So:

  • โœ” Govโ€™t canโ€™t censor your speech ๐Ÿ—ฃ

  • โŒ Your boss can fire you for saying something dumb ๐Ÿต (unless another employment law covers it ๐Ÿ˜…).

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๐Ÿ”ด Criminal Law ๐Ÿš”โš–

Definition: Rules made by the state to protect people and property.
๐Ÿ‘ฎโ€โ™‚ Crime = offense against the STATE, not just the victim!
โš– Case style โ†’ State v. Jones
๐Ÿ‘จโ€โš– Prosecutor = Attorney General / District Attorney (lawyer for the state)
๐Ÿ› If guilty โ†’ Prison โ›“, Fine ๐Ÿ’ฐ (paid to state, NOT the victim)
๐ŸŽฏ Purpose: PUNISHMENT ๐Ÿ‘‰ not compensation
๐Ÿ‘ค Victimโ€™s role: Witness only ๐Ÿง‘โ€๐Ÿฆฏ

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๐ŸŸข Civil Law ๐Ÿ‘ซ๐Ÿ’ผ

Definition: Handling disputes between PEOPLE (or organizations)!
๐Ÿ‘จโ€๐Ÿ‘ฉโ€๐Ÿ‘ง Covers: Contracts ๐Ÿ“ƒ, Property ๐Ÿ , Torts ๐Ÿฉน, Business ๐Ÿ’ผ, Rights โœŠ
๐Ÿ’ฅ Torts: When one person wrongfully injures another (car crash ๐Ÿš—๐Ÿ’ฅ, fraud ๐Ÿ’ธ, malpractice ๐Ÿฅ, etc.)
๐Ÿ“Œ Example: Mike punches George ๐Ÿ‘Š๐Ÿ˜ณ โ†’ George sues for damages ๐Ÿ’ต
๐Ÿง‘โ€โš– Case style โ†’ George v. Mike
๐ŸŽฏ Purpose: COMPENSATION ๐Ÿ‘‰ money for the victim
๐Ÿ‘ค Victimโ€™s role: Plaintiff (main actor & boss hiring the lawyer ๐Ÿ‘ฉโ€๐Ÿ’ผโš”)
โšก Verdict โ†’ Liable (NOT โ€œguiltyโ€)

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โš– Criminal vs. Civil Law โš– QUICK COMPARE ๐ŸฅŠ

  • Criminal ๐Ÿš” = State vs Person ๐Ÿ‘ฎโš– โ†’ Punish โ›“

  • Civil ๐Ÿ‘ฅ = Person vs Person ๐Ÿง‘โš– โ†’ Compensate ๐Ÿ’ธ

<ul><li><p>Criminal <span data-name="oncoming_police_car" data-type="emoji">๐Ÿš”</span> = State vs Person <span data-name="cop" data-type="emoji">๐Ÿ‘ฎ</span><span data-name="scales" data-type="emoji">โš–</span> โ†’ Punish <span data-name="chains" data-type="emoji">โ›“</span></p></li><li><p>Civil <span data-name="busts_in_silhouette" data-type="emoji">๐Ÿ‘ฅ</span> = Person vs Person <span data-name="adult" data-type="emoji">๐Ÿง‘</span><span data-name="scales" data-type="emoji">โš–</span> โ†’ Compensate <span data-name="money_with_wings" data-type="emoji">๐Ÿ’ธ</span></p></li></ul><p></p>
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๐Ÿ“œ Key Amendments ๐Ÿ‡บ๐Ÿ‡ธโœจ

  • 13th (1865) โœ‚โ›“ โ†’ Ended slavery ๐Ÿ™Œ

  • 14th (1868) โš– โ†’ Citizenship & equal rights โญ

  • 15th (1870) ๐Ÿ—ณโœŠ โ†’ No race voting bans

  • 19th (1920) ๐Ÿ‘ฉ๐Ÿ—ณ โ†’ Women vote ๐ŸŽ‰

  • 18th (1919) ๐Ÿšซ๐Ÿบ โ†’ No booze โŒ๐Ÿท

  • 21st (1933) ๐Ÿป๐ŸŽŠ โ†’ Booze is BACK ๐ŸŽ‰๐Ÿน

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๐Ÿ SUPER SHORT EXAMPLE

Mike ๐Ÿ‘Š George ๐Ÿ‘ƒ๐Ÿ’ฅ

  • Criminal ๐Ÿš”: State v. Mike โ†’ Jail โ›“ / Fine ๐Ÿ’ฐ

  • Civil ๐Ÿ‘ฅ: George v. Mike โ†’ $$$ compensation ๐Ÿฉน

๐Ÿšซ NOT double jeopardy (different cases โœ…).

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What are the two types of questions debated in court? โš–

๐Ÿ‘‰ Questions of Fact ๐Ÿ•ต + Questions of Law ๐Ÿ“œ

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What is a Question of Fact? ๐Ÿค”

Itโ€™s about what actually happened in the case. ๐Ÿ•ต๐Ÿ‘€
Example: Did Wendy fall on an ice cube โ„โ€ฆ or just trip over her own feet ๐Ÿ‘ฃ?

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Who decides Questions of Fact? ๐Ÿ‘จโ€โš–๐Ÿ‘ฉโ€โš–

The jury ๐Ÿง‘โ€โš–๐Ÿ‘ฉโ€โš–๐Ÿ‘จโ€โš– decides facts by listening to witnesses and using common sense ๐Ÿ‘‚๐Ÿ—ฃ๐Ÿง .
๐Ÿ‘‰ Judges do NOT decide facts (unless thereโ€™s no jury).

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Can a juryโ€™s decision on facts be appealed? ๐ŸŒ€

โŒ Nope! Not usually. ๐Ÿ™…โ€โ™‚ The juryโ€™s decision is final (except in rare situations).

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What is a Question of Law? ๐Ÿ“œ

Itโ€™s about the meaning of the law or how to apply it. โš–๐Ÿ“–
Example: What does the word โ€œiceโ€ legally mean in the law? โ„๐Ÿ“š

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Who decides Questions of Law? ๐Ÿ‘‘

The judge ๐Ÿ‘จโ€โš–๐Ÿ’ผ โ€“ because it needs legal training ๐ŸŽ“.
๐Ÿ‘‰ Juries donโ€™t make law! ๐Ÿšซโš–

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Can Questions of Law be appealed? ๐Ÿ“ˆ

โœ… Yes! If someone thinks the judge messed up a law rule, they can appeal to a higher court ๐Ÿ›.

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Who decides appeals? ๐Ÿ“š๐Ÿ‘ฉโ€โš–

Appellate courts & Supreme Court justices ๐Ÿ‘ฉโ€โš–๐Ÿ‘จโ€โš– (they only handle law issues, not facts โŒ).

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Whatโ€™s the difference between precedent in law vs. facts? ๐Ÿ“œ vs ๐Ÿ‘€

  • Legal precedents exist โœ… โ€“ judgesโ€™ rulings become rules that future cases follow ๐Ÿ“–

  • Factual precedents do NOT exist โŒ โ€“ every case has different facts!

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๐ŸŽ‰ Quick Memory Trick ๐ŸŽ‰ Questions of Fact versus Questions of Law

  • Facts = Jury ๐Ÿ‘จโ€๐Ÿ‘ฉโ€๐Ÿ‘ง (โ€œWhat happened?โ€ ๐Ÿฟ)

  • Law = Judge ๐Ÿ‘จโ€โš– (โ€œWhat does this rule mean?โ€ ๐Ÿ“œ)

  • Appeals = Only about Law ๐Ÿ“ˆโš–

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๐ŸฅŠ Adversary System

โš” Two sides battle in court.

  • One side = wants change ๐Ÿš€.

  • Other side = wants things the same ๐Ÿ’ค.
    Example: State v. Doe โžก State = wants jail โ›“. Doe = wants freedom ๐Ÿ•Š.

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๐ŸŽ’ Burden of Proof

  • Party making the claim (changing the status quo โš–) must prove it.

  • If no one proves anything โžก the party with the burden loses โŒ.

  • Criminal cases: Defendant starts presumed innocent ๐Ÿ‘ผ until proven guilty.

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๐Ÿšจ Criminal Standard (Highest)

  • Must prove Beyond a Reasonable Doubt ๐Ÿ”’. (~95% certainty).

  • Very strict because: better a guilty go free โœ… than an innocent go to jail ๐Ÿšซ๐Ÿ•Š.

  • Used when someoneโ€™s freedom is on the line ๐Ÿ›.

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๐Ÿ’ฐ Civil Standard (Lowest)

  • Must prove by Preponderance of the Evidence ๐Ÿ“Š. (~51% certainty).

  • Means: โ€œmore likely than notโ€ ๐Ÿ‘.

  • Lower bar since itโ€™s usually about ๐Ÿ’ต (money disputes).

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โœจ Clear & Convincing (Middle)

  • Used in special civil cases (important rights โš–).

  • Example: civilly committing someone ๐Ÿฅ.

  • Standard: higher than 51% but lower than 95% (~75%).

  • Must convince jury itโ€™s highly probable โœ….

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๐Ÿ“Š Percentages Cheat Sheet

  • ๐Ÿ’ต Civil = 51% โžก Preponderance

  • โœจ Civil Rights Issues = 75% โžก Clear & Convincing

  • ๐Ÿšจ Criminal = 95% โžก Beyond Reasonable Doubt

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๐ŸŸฆ โš–๐Ÿ“š๐Ÿ’ก What Even IS a Legal Reference?! ๐Ÿค”๐Ÿ”

๐Ÿ‘‰ Like an โ€œaddressโ€ ๐Ÿ  for a case or law
๐Ÿ‘‰ Helps you find ๐Ÿ“– where it lives
๐Ÿ‘‰ Basically lawyer โ€œreceiptsโ€ ๐Ÿงพ๐Ÿคฃ

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๐ŸŸฉ ๐Ÿ“œ๐Ÿ‘ฉโ€โš– Why Bother Citing Stuff? ๐Ÿคทโ€โ™€

๐Ÿ‘‰ Shows where info comes from ๐Ÿ›
๐Ÿ‘‰ Courts use past cases โณโฉ
๐Ÿ‘‰ Helps predict ๐Ÿ”ฎ future outcomes

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๐ŸŸฅ ๐Ÿ“”๐Ÿ”ข Anatomy of a Case Citation ๐Ÿงฌ๐Ÿ“š

๐Ÿ‘‰ Case name ๐Ÿคผ
๐Ÿ‘‰ Volume # ๐Ÿ“™
๐Ÿ‘‰ Reporter (book) ๐Ÿ“‘
๐Ÿ‘‰ Page # ๐Ÿ“„
๐Ÿ‘‰ Year ๐Ÿ“…

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๐ŸŸจ ๐Ÿ˜ฑ๐Ÿ‘‰ Example: Roe v. Wade ๐Ÿผโš–

๐Ÿ‘‰ 410 U.S. 113 (1973)

  • Parties: Roe v. Wade ๐Ÿคทโ€โ™€

  • Vol. 410 ๐Ÿ“™

  • U.S. Reporter ๐Ÿ“‘

  • Pg. 113 ๐Ÿ“„

  • Year 1973 ๐Ÿ—“

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๐ŸŸง ๐Ÿ“ฐ๐Ÿ“š Reporter Roll Call! ๐ŸŽ™๐Ÿ“•

๐Ÿ‘‰ Reporter = books of cases ๐Ÿ” 

  • U.S. Reports (U.S.) ๐Ÿ› Supreme Court

  • F., F.2d, F.3d โš– Appeals

  • F. Supp. ๐Ÿ‘ฉโ€โš– Trial courts

  • State ๐Ÿ“œ + Regional ๐ŸŒŽ Reporters

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๐ŸŸช ๐Ÿ›๐Ÿ“– Cracking Federal Cites! โœจ๐Ÿ“™

๐Ÿ‘‰ 123 F.2d 51 (D.C. Cir. 1966)
๐Ÿ“™ Vol 123, Federal Reporter (2d ed)
๐Ÿ“„ Pg. 51
โš– D.C. Appeals Court
๐Ÿ“… 1966

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๐ŸŸซ ๐ŸŒŽ๐Ÿ“œ State Case Cites Made Easy! ๐Ÿ‚๐Ÿ“–

๐Ÿ‘‰ 111 Mass. 222 (1955)
๐Ÿ“™ Mass. Reports
๐Ÿ“„ Pg. 222
๐Ÿ—“ 1955

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๐ŸŸฆ ๐Ÿ“œโš– Statutes = Laws In Books ๐Ÿ“š๐Ÿ’ฅ

๐Ÿ‘‰ Format: Title # U.S.C. ยง Section
๐Ÿ‘‰ Example: 42 U.S.C. ยง10(a)(1) ๐Ÿ“–
๐Ÿ‘‰ States use similar systems ๐Ÿ ๐ŸŒŽ

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๐ŸŸฉ โš™๐Ÿ“• Rules & Regs Baby! ๐Ÿ‘ฉโ€๐Ÿ’ผ๐Ÿ“‘

๐Ÿ‘‰ Found in CFR โš™
๐Ÿ‘‰ Example: 46 CFR ยง46.01 ๐Ÿ“˜
๐Ÿ‘‰ New rules appear in FR ๐Ÿ“ฐ๐Ÿ’ก