Three branches of government correct answers - Legislative
- Executive
-Judicial
legislative branch correct answers passes/creates laws
executive branch correct answers enforces laws
judicial correct answers interprets laws based on the constitution
Sources of Law (6) correct answers ...
judicial correct answers interprets laws based on the constitution
Sources of Law (6) correct answers - Statutory
- Constitutional
-Common Law
- Administrative Law
- Executive Orders
-Treaties
Statutory law correct answers -Comes from federal and state legislative branches
-can cover a wide variety of topics
-certain statutory rights are given only to state and local legislatures
-ordinances are called local laws
Example of statutory law correct answers The Professional & Amateur Sports Act (1992), which
set limitations on sports gambling before it was overturned
Constitutional law correct answers -comes from federal and state constitutions
-very difficult to amend or change
-set forth the powers, authority, and limitations of local, state, and federal governments
example of constitutional law correct answers First Amendment prohibits government actors
from infringing on an individual's right to free speech
Common law (cases) correct answers -comes from the courts power to interpret other sources of
law
-based on the concept of following previous ruilings by other judges and courts; stare decisis
example of common law correct answers MLB (and only MLB) cannot be sued for antitrust
violations because of the precedent set by Federal Baseball v. National League (1992)
Administrative law correct answers - local, state, and federal agencies can create law by issuing
rules and regulations related to their governmental purpose
- often have their own courts
-given their power by statute or executive order
, example of administrative law correct answers EPA, Homeland Security; The Department of
Homeland Security issuing new regulations forcing stadiums to take additional security measures
Treaties correct answers agreements with foreign countries made by the president with 2/3
approval of the senate
-rarely impact sports law
Executive orders correct answers legal rule issued by the executive branch (president or state
governor); generally only deals with how existing law is enforced
Order of supremacy correct answers -federal law trumps inconsistent state and local law
-constitutional law trumps inconsistent statutes
-statutes trump both inconsistent administrative law and common law
3 levels of the federal court system correct answers -district courts
-appellate courts
-the supreme court
District courts (trial courts) correct answers -have original jurisdiction on federal cases (hear
cases first)
-allow for full trials if necessary
the civil trial process correct answers -complaint
-answer
-discovery
-summary
-trial
-verdict
-appeal (if losing party wants)
appellate courts correct answers 11 circuits, plus DC and Federal (FL is 11th in court of appeals)
-hears cases appealed from trial courts (district courts)
-3 judges per panel
Supreme court correct answers final level of appeal for all cases-federal and state; nine justices;
only take cases they deem important by granting a "writ of certiorari"
3 main factors of supreme court hearing a case correct answers -conflict of law
-important issues of law
-justices' interest
4 main functions of law correct answers -peacekeeping and resolving disputes
-balancing government power and personal freedom
-ensuring fair competition for economic development
-correcting social injustice
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