Jour303 Practice Exam 1 Questions And Answers
4 sources from which law originates
1. Case Law
2. Statues & Ordinances
3. Constitutional Law
4. Administrative Law
3 branches of gov
Executive, legislative, judicial
U.S. Constitution considered the "highest law":
It sets out the frame...
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Jour303 Practice Exam 1 Questions And
Answers
4 sources from which law originates
1. Case Law
2. Statues & Ordinances
3. Constitutional Law
4. Administrative Law
3 branches of gov
Executive, legislative, judicial
U.S. Constitution considered the "highest law":
It sets out the framework of the federal government, including its division into executive, legislative,
and judicial branches, and provides guidelines for the government's operation
Why are constitutions considered the "most powerful" laws?
It is the most fundamental law of a particular jurisdiction and specifies the government's form,
functions, and operating procedures.
Sets relationship between government and the people.
Why do state constitutions tend to be similar to the federal constitution?
Most states joined the Union after the adoption of the federal Constitution and, according to the U.S.
Constitution's rules for admission of new states, the constitution of each applicant state must be
approved by Congress
function of Bill of Rights:
Serves as a model for other nations and as a focal point of hope and inspiration for oppressed people
in America and around the globe.
(First ten amendments)
May a state restrict its residents' freedoms to a greater degree than the U.S. Constitution does?
No, it may not restrict the minimum level of freedoms guaranteed for all U.S. residents. If it wishes,
however, a state through its constitution may guarantee its citizens greater liberties than does the
U.S. Constitution
doctrine of judicial review:
It is the role of each court to interpret that jurisdiction's constitution
Who is the final authority on the meaning of the U.S. Constitution?
The U.S. Supreme Court; there interpretations must be followed by all other federal and state courts
when the federal Constitution is at issue.
statutes:
laws passed by legislative bodies - the acts of Congress and the fifty state legislatures Statutes begin
as bills
, "statutory law" means:
refers to the actual language of the legislative enactments as well as any official interpretations
rendered by the courts
codes of law:
all statues that are systematically arranged by subject, numbered, indexed, printed in bound volumes
and must be updated continually
ordinances:
County commissions, city councils, and similar elected bodies also pass laws that relate to their local
jurisdictions. Referred to as ordinances on the city level
administrative regulations
agencies pass these regulations to ass to the body of law
Under what circumstances will agency regulations be deemed to be invalid?
1) exceed the general scope of authority granted by Congress 2) conflict with a specific statue passed
by Congress 3) conflict with the US Constitution 4) deemed "arbitrary and capricious" by a court
Code of Federal Regulations:
Official regulations of all federal agencies, such as those just mentioned, are published according to
topic, in a massive set
"case law":
refers to the building principles and rules that originate from these case-by-case judicial decisions. It
may provide essential interpretation of the laws written by legislative and administrative bodies.
"common law":
Case law where judges may create original legal rules as needed to resolve disputes
doctrine of precedent:
the principle that courts are bound by their prior decisions or by the decisions of their superior courts.
Helps court decisions become reliable guides upon which future conduct may be based
court reports:
Judge's court decisions are published chronologically, usually by jurisdiction, in extensive sets
contract:
legally binding mutual promises to perform in a certain way under certain circumstances.
breach of contract:
If one party to a contract believes the other has not performed as promised, that party may sue for
monetary compensation. This is a formal basis for such a lawsuit.
a tort:
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