Unit 2-3 Law

Statutes: These are laws that are written by the legislature or legislative branch. 

Ordinances: It is a county or civil law. These laws could include topics like parking, schools, local businesses, etc. These ONLY apply to the local county, city, or town depending on what the ordinance states. 

Supremacy Clause: The supremacy clause is the provision in Article VI (6) which states that if there were to be a problem between the federal and state governments, the federal law is supreme and applies. 

Bills: A bill is a proposed law that is made and considered by the legislature. They can be used to enact new laws or amend old ones. The bill can come from the legislative branch, executive branch, citizens, or others, but it must be passed by the legislature first.

Public Hearings: A public hearing is when the court or proceeding is open to the public. During these hearings, evidence is presented, and a decision is made based on just the evidence. 

Referendum: A referendum is a procedure where things are voted on by the citizens, then go to the representatives of the government. For example, you can do this for gun control, abortion, environmental issues, etc. 

Appellate courts: An appeal is for when something was wrong in the trial. Something went wrong in the trial. No jury, usually three panel. They usually just say you get a new trial. 

Precedent: A precedent is when courts decide on a legal question, and then that can affect how other cases with similar cases go and take the first ruling into consideration. Most times, when in lower courts where the precedent was set, you must follow that for similar cases in the future. (Ex: For example, if a state’s supreme court ruled that the state’s constitution required that school funding be equalized throughout the state—richer and poorer school districts would each have to spend the same amount per student— then all lower courts in that state would have to follow that precedent.)

Treaty: A treaty is a pact between different nations. The USA enters treaties through the executive branch and must be approved by the Senate (⅔ or more). This was stated in the 2nd article of the Constitution. 

Extradition: Extradition is when a country or state asks another country or state to give them a person who is convinced of a crime. (This can be a type of treaty). Lots of countries sign extradition treaties so that they are able to do this. 

Lobbying: Lobbying can influence or convince legislators to get a bill or vote some way on a law. It is a basic right that is protected under the Constitution, and you can influence in person, by letter, ads, and many other ways. 

Grassroots Lobbysist: A group of lobbyists who are all persuading a government official to vote or do something specifically through protests, rallies, meetings, etc. 

Initiative: A way for voters, aka civilians, to propose a law to get approval for it through the legislature or electorate. 

Trials: A trial is a court proceeding that can happen in many forms for many different things. 

Recall: A recall is when someone gets removed from office based on the vote of the people. (Recall election)

Negotiation: When people are talking about an issue to reach an agreed consensus based on a disagreement that was had. This is an important thing to have in your back pocket because it could be used in everyday life. 

Settlement: A settlement is when the parties agree on a conflict that was had in a civil lawsuit before the case goes to trial or before the final judgment has gone that will end the argument. This can save lots of time and money for both parties. 

Arbitration: This is a way of settling an argument without going to trial as well. If the two parties are disagreeing, they can pick a person with no opion and help settle the argument. The arbitrator is like a judge, but the whole process is less formal, and once the decision is made, it is the final decision. 

Mediation: This is the active process of settling a problem between two or more parties. This is not like a formal thing, so the final decision can’t be made like an arbitrator. 

Ombudsperson: A person who has the power to investigate complaints and help settle them.