Exam (elaborations)
Exam 1, Legal Studies, Tulane University (1)
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- Biochemistry Module 3
- Institution
- Biochemistry Module 3
Exam 1, Legal Studies, Tulane University (1)
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Constitutional Law - ✅✅ -Establishes important legal principlesNot designed to solve every legal issue or case
May require interpretation by courts
Exists at state and federal levels
The US constitution is the supreme law of the land
Arizona Vs. Federal United States 132 S. Ct. 2492 (2012) - ✅✅-
Arizona Vs. Federal United States 132 S. Ct. 2492 (2012) - ✅✅-Arizona's Take on
immigration
o Arizona wanted to have their own immigration laws due to the fact that they were
so close to the border
o Within Arizona there were a lot of unlawful immigrants living and working within
state borders
o Arizona passed the law: THE SUPPROT OUR LAW ENFORMCENT AND SAFE
NEIGHBERHOODS ACT
§ Purpose of the law was to address problems that were being created by the large
number of unlawful immigrants living in Arizona
· U.S. department of justice filed a suit against Arizona on the basis that federal
immigration rules do not allow states to make their own immigration laws
· U.S. supreme struck down on Arizona for being unconstitutional and because its
conflicts with existing federal laws.
· Immigration is a matter of federal law
· CONCLUSION: U.S. court ruled in favor of the U.S., the words of the court
"preemption of a state statute - congress has the power to preempt state law.
Statutory Law - ✅✅-Created by a legislative body
Approved or disproved by executive branch
-Governor or President
1.2: U.S. v. Ulbricht (p. 11) - ✅✅-
1.2: U.S. v. Ulbricht (p. 11) - ✅✅-Ulbricht created the Silk Road (black market)
o People paid through bitcoin, Ulbricht argued that bitcoin cannot form the basis of
money laundering and was property not a financial transaction
o He supported his argument by noting that the IRS treats virtual currency as
property not monetary instruments
· Court rejected his theory that bitcoin was not a financial transaction because
bitcoins carry value and act as a medium of exchange so they fall as money
laundering.
· CONCLUSION: Ulbricht was found guilty on all counts, including money laundering.
, Stare Decisis - ✅✅ -the principle that similar cases with similar facts and issues
should have the same judicial outcome
One of the most important concepts in American Law
Case 1.3: Flagiello v. Pennsylvania Hospital 208 A2d 193 (PA 1965) - ✅✅ -"Stare
decisis channels the law. It erects lighthouses and [flies] the signals of safety...but
the principle of stare decisis does not demand that we follow precedents which
shipwreck justice."
Advantages of Stare Decisis - ✅✅ -¨Allows individuals and business to have some
degree of confidence that the law will remain reasonably consistent
¨Requires all lower courts, such as a trial court, to follow the case precedent so that
any similar case would be decided according to the precedent
Case Precedent - ✅✅ -¨Once an appellate court has decided a particular case, the
decision becomes a case precedent.
¨Precedent is usually only binding within the jurisdiction of the court setting the
precedent.
Administrative law - ✅✅-Source of law that regulates the exercise of authority by
government agencies
Also known as regulations
Legislator may create an agency to take care of a specific problem
They are able to have their own courts
-Social security has its own court system
-Like bankruptcy court
Secondary Sources of Law - ✅✅ -Secondary sources have no independent
authority nor are they legally binding
Include restatements of the law and sets model statutes
Uniform Model Statutes - ✅✅ -drafted by legal experts, in hopes that they will be
used or adopted by state legislatures to provide uniformity in laws between the
states
Substantive laws - ✅✅-Provide individuals with rights and create certain duties
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