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The three sources of law:
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common, statutory, administrative
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common law is also called ___-made law
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judge
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most new law is ___
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statutory
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common law is based on __ __ meaning "let the decision stand"
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stare decisis
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Who are the appellate courts?
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Supreme Court, Court of Appeals, Circuit courts
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under common law, bystanders have __ __ to assist a victim in an emergency
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no obligation
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Good samaritan laws limit the __ of a person who does aid a person in peril
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liability
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You have an __ duty to help family or a therapist
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affirmative
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___ law is legislation that is passed by either a state legislature or the Congress of the United States
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statutory
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laws or ordinances can be enacted at __ levels of government
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all
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citizens who vote have some control over __ law
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statutory
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a __ or __ (members of Congress) can initiate a bill or proposed law
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Senator, Representative
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why are bills proposed?(1st reason)
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new issues or worries
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why are bills proposed?(2nd reason)
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unpopular judicial rulings
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why are bills proposed?(3rd reason)
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criminal law
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this rule says the courts must use the common sense definition of words
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Plain Meaning Rule
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this is a rule that says the courts will use accepted social policies such as reducing crime or providing education to interpret a law
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Public Policy
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in __ law, federal agencies such as the Federal Aviation Agency (FAA) and the Federal Trade Commission (FTC) and the Bureau of Land Management have the power to make regulations
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administrative
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An agency is created when Congress passes __ __, which describes a problem and defines the agency's powers
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enabling legislation
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the __ __ __ regulates agencies, in an attempt to reduce controversy
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Administrative Procedure Act
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agencies were and are created to __ __ __
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fulfill a need
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part of executive branch, under the control of the President; usually support the President's policies
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Executive Federal Agency
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the FBI, Nuclear Regulatory Commission, IRS, and FDA are all examples of the
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Executive Federal Agency
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Not part of executive branch; President does not have the power to fire the head of the agency
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Independent Federal Agency
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National Labor Relations Board, Federal Trade Commission (FTC), Federal Communications Commission (FCC), Environmental Protection Agency (EPA), and the Securities and Exchange Commission are all examples of the
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Independent Federal Agency
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Agencies exist at __ levels of government
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all
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state level examples of agencies
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DMV or VDH
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local level example of agency
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the building inspector
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the two types of rules are:
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legislative and interpretive
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these rules require businesses and people to act a certain way; have the effect of a Congressional statute
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legislative
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these rules do not change the law; they define or apply laws to new situations
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interpretive
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two types of rule making:
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informal and formal
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in this rule making the proposed rule must be published and the public are allowed to comment
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informal
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in this rule making they must hold a public hearing before establishing the rule
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formal
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an order to appear at a hearing and produce evidence, sometimes documents
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subpoena
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a legal search of a business, in order to take evidence of wrongdoing
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search and seizure
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means to hold a hearing, then decide how to proceed with an issue, a decision is made on that issue
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adjudicate
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The enabling legislation that created the agency places controls on it through requirements and restrictions
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Statutory control
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the President has control over agencies through political pressure and through nominations of agency heads
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Political control
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this allows any citizen to request info from an agency
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The Freedom of Information Act (FOIA)
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this prohibits agencies from giving information about an individual to other agencies without consent, there are some exceptions
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the Privacy Act
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____ can create and enact legislation, impose taxes, spend money, create copyrights, support the military and declare war
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Congress
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__ regulates commerce with other nations and between different states; each state regulates commerce within its own borders
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Congress
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this says that Congress may regulate any activity which has a substantial economic effect on interstate commerce
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Substantial Effect Rule
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This says states may regulate commerce in its own borders
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Commerce Clause
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states that the Constitution, federal statues, and federal treaties are the supreme law of the land
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Supremacy Clause
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state law prevails only when there is __ opposing federal law and __ exclusive federal control
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no, no
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___ __ establishes Congress with two houses and gives Congress powers
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Article I
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___ __ defines the powers and responsibilities of the President, in general he is to enforce the nation's laws
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Article II
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___ __ creates the Supreme Court and permits Congress to create lower federal courts
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Article III
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two key functions of federal courts
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adjudication and judicial review
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federal courts hear civil and criminal cases within their jurisdiction
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adjudication
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federal courts can declare a statute or govnermental action unconstitutional
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judicial review
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throughout history, the Supreme Court has __ in its level of judicial activism vs judicial restraint
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varied
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the government must go through procedures to ensure that the result is fair, the process due is in proportion to what the government is trying to take from the person
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Procedural Due Process
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when the government takes private property for public use, it must pay a fair price
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The Takings Clause
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some rights (voting, speech, travel, privacy) are so fundamental that the government may not take them at all
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Substantive Due Process
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___ scrutiny: economic and social relations; gov actions that classify people or corporations on these bases are almost always upheld
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minimal
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___ scrutiny: gender. gov classifications are sometimes upheld
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intermediate
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___ scrutiny: race, ethnicity, and fundamental rights, classifications based on any of these are the almost never upheld
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strict
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