Exam (elaborations)
BLAW Janet Hale Exam 1/142 Questions with Answers
BLAW Janet Hale Exam 1/142 Questions with Answers
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BLAW Janet Hale Exam 1/142 Questionswith Answers
precedent - - an earlier court decision that guides judges' decisions in later
cases
- Common Law - - Judge-made law that originated in England from decisions
shaped according to prevailing custom. Decisions were applied to similar
situations and gradually became common to the nation.
- The US Constitution - - document written in 1787 that sets forth the
institutional structure of the US government. America's greatest legal
achievement, and any law that conflicts with the constitution is void.
- The Federal Constitution Establishes - - -The Branches of Govt
-Checks and balances
-Fundamental Rights
- The Branches of Government - - Legislative, Executive, Judicial
- Legislative Branch - - Gives the ability to create new laws. Article 1 creates
congress (senate and HoR)
- Executive Branch - - Authority to Enforces laws. Article 2 makes the
president the commander and chief
- Judicial Branch - - the right to interprets the laws and decide their validity.
Article 3 places the supreme court above the judicial branch.
- Checks and Balances - - A system that allows each branch of government
to limit the powers of the other branches in order to prevent abuse of power.
- Fundamental Rights - - rights and privileges considered essential by the
general society. Found within the amendments
- First Amendment - - 5 freedoms: speech, press, religion, assembly,
petition
- 4-6 Amendment - - protect the rights of any person accused of a crime
- statute - - a written law passed by a legislative body. The constitution
gives congress the power to pass laws.
, - stare decisis - - Let the decision stand; decisions are based on precedents
from previous cases (common law)
- court orders - - Judges have authority to issue court orders that place
binding obligations on specific people or companies
- Administrative Law - - the body of law that regulates the operation and
procedures of government agencies.
- government agency - - have the power to create laws called regulations
- Treaties - - an agreement between two or more sovereign countries
- Criminal Law vs. Civil Law - - Criminal Law: Cases involving a violation of
local, state, or federal laws (Public Law)
Civil Law: Cases involving one party attempting to seek payment or
resolution of damages caused by another party.
- Law and Morality - - are not the same
- Legal Positivism - - "Law is what the sovereign says it is" (leaves no room
for questions of morality)
- jurisprudence - - philosophy of law
- Sovereignty - - Ability of a state to govern its territory free from control of
its internal affairs by other states.
- Natural Law - - God's or nature's law that defines right from wrong and is
higher than human law. "good is to be done and promoted and evil is to be
avoided"
- Legal Realism - - It does not matter what is written as law, only those who
enforce the law and how they enforce it.
- state/nation v. defendant - - Criminal case:
up to the state or nation to bring a case upon someone, not up to the
defendant or plaintiff. Guilty or not guilty.
- Plantiff v. Defendant - - Civil Case:
a plaintiff brings a case against another (the defendant) in a court of law.
- Expungement - - a legal process that results in the removal of a conviction
from official records
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